Insurance Bhd v Nasir Ibrahim [1992] 2 MLJ 355‚ SC The Supreme Court in this case held that the essence of consideration is that the promisee has taken upon him some kind of burden or detriment. Curie v Misa (1875) LR 10 Exch 153. Consideration under common law has been defined to ‘consist in some right‚ interest‚ profit or benefit‚ accruing to one party or some forbearance‚ detriment‚ loss or responsibility given‚ suffered or undertaken by the other’ Dunlop Pneumatic Tyre Co Ltd v Selfridge and
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members are only liable for their subscription unless the partnership agreement says otherwise. Saywell V Rope [1979] the wives are not in the partnership as no evidence suggested. ‘Person’ includes a corporation as well as individuals. Companies can enter partnership. ‘With a view to profit’ means certain organisations are excluded. E.g. club or society has no view to profit. Pitreavie Golf Club V Penman [1934] creditor sue under partnership‚ held‚ Club’s motivation was to allow member to play not
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Ohm’s Law Lab Report Number Three Quyama T. Wheeler @02669651 Partner: Munah Kaye Amber Frazier Objective: To demonstrate Ohm’s law and to determine the resistance of a given resistor. Theory: Ohm’s law is the assertion that the current through a device is always directly proportional to the potential difference applied to the device. Electric current is the moving of charges from a higher potential to a lower potential. Wires of different material (a copper wire versus a silver wire‚ for
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Tort law appears to discriminate between different types of defendant’s such as public entities‚ rescuers‚ children‚ manufacturers‚ etc. when establishing a duty of care and to whom. This is because the law of torts is a specialized area of the law that seeks to account for damages in a civil setting that may occur because of a breach of that duty. Further‚ much of tort law has been developed randomly‚ many times to fill in gaps that exist in the law‚ and at other times‚ it is influenced by public
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UNIVERSITY OF NAIROBI FACULTY OF LAW TAPE RECORDED LECTURES THE LAW OF EVIDENCE LLB II 2003 LAW OF EVIDENCE Lesson 2 RELEVANCE & ADMISSIBILITY RES GESTAE ‘Res Gestae’‚ it has been said‚ is a phrase adopted to provide a respectable legal cloak for a variety of cases to which no formula of precision can be applied’. The words themselves simply mean a transaction. Under the inclusionary common law doctrine of Res Gestae‚ a fact or opinion which is so closely associated in time‚ place
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presumption of law and observations by courts in the judicial capacity as per section 2[1]d of the act. Rules of evidence refer to the procedure of admitting relevant facts by courts of law and in general they are referred to as Relevancy and Admissibility of Evidence According to section 4‚ it may be given from any suit or proceedings of the existence or non existence of every fact in issue and of such other facts as may be declared admissible and relevant as was considered in the case of Uganda v David
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Henry V and Machiavelli are different in many ways. The main reason why they are different is because they are the leaders from different epochs. Henry V is a leader from medieval times. Machiavelli “The Prince” is a leader from renaissance times. These leaders have different thoughts of a lot of things. For example‚ religion and government but if you really think about they could have the same views. Let’s further on your knowledge this both incredible leaders. To begin‚ Henry V is represented
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The vague‚ subjective‚ and indeterminate nature of Canadian obscenity law has been called “the most muddled law in Canada.” Recognizing that consistency and objectivity are important aspects in the running of any successful legal system‚ the Supreme Court of Canada has attempted to systematically clarify and modernize obscenity law. The ruling in R. v. Butler marked the transformation of the law of obscenity from a "moral-based" offence to a "harm-based" offence. The courts are now asked to determine
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LOUISE MERRETT TRINITY COLLEGE COMMERCIAL LAW LECTURES 2012 -2013 SALE OF GOODS (4) TRANSFER OF TITLE BY A NON-OWNER Context 1. The general rule as to priority in the case of personal property is clear and underpins all forms of transfer‚ whether by gift‚ sale‚ bailment or security‚ and it is that a person cannot give what is not his or hers to give. This basic rule is often expressed in the Latin maxim nemo dat quod non habet and if reflected in s 21 SGA. 2. In practice‚ a
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the possession‚ of a determinate thing; and the other party (Buyer) obligates himself to pay therefor a price certain in money or its equivalent.1 The Roman Law concept embodied in the old Civil Code2 that treated delivery of tangible property as the sole purpose of sale has been modified under the present Article 1458‚ which applies the common law concept of requiring the obligation to transfer the ownership of the subject matter of the sale as a principal obligation of the seller. 1. Nature of Obligations
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