Sales‚ does he should stop his trading. This essay will apply law theory and precedent cases to distinguish john case. The principle of corporate entity was established in the case of Salomon v A. Salomon‚ now referred to as the ’Salomon’ principle Legal The House of Lords’ decision in Salomon v A Salomon & Co Ltd [1897] established the separate identity of the company. Salomon v A Salomon & Co Ltd [1897] AC 22 is a landmark UK company law case. The effect of the Lords’ unanimous ruling was to uphold
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Introduction to Legal Studies and Basic Contract Law- Course Work Assignment Mrs Hyndley is the owner of two properties that she rents to students in the Belfast area. In January 2008 she asks her friend and next door neighbour Frederick‚ a local estate agent‚ to collect the rents from her tenants while she goes off on a 6 month round the world cruise. She does not discuss terms or payment with Frederick. However‚ Frederick agrees and does collect the rents. When Mrs Hyndley returns to Belfast
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tortuous liability in negligence to be actionable‚ primarily‚ certain fundamental pre-requisites need to be established in each case respectively. The requirements of the modern tort of negligence were stated by Lord Wright in‚ Lochgelly and Coal Co ltd v McMullan‚ as being‚ i) the existence of a duty of care owed by the defendant to the claimant; ii) a breach of that duty; iii) damage or injury caused by that breach of duty. Each aforesaid area must be examined‚ and principally established in each separate
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Introduction Unlike other civil law legal systems‚ such as the German one and the American one‚ United Kingdom’s (UK) and Hong Kong’s (HK) do not recognize the approach of general principle of good faith in contract law‚ as illustrated in Walford v Miles1. Yet‚ good faith should be promoted in UK and HK because one should value fairness in the whole course of dealing‚ from the point of pre-contractual negotiations till the discharge of he contracts. This essay aims at showing the merits of a good
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Business Law Name: Course: Instructor: Date: Business Law Legal Issue Both parties entered into a legally binding contract. The legal issue is a breach of contract. For a contract to be legitimate‚ it must have the following three elements; an offer must be made; there must be acceptance‚ and finally there must be consideration. Facts: The defendant entered into a legal agreement with the plaintiffs‚ Jackson Boris and Klara Koop. The defendant made an offer
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judiciary to apply statutory interpretation‚ to interpret words of a given Act‚ to give them an exact meaning and to give them legal effect. Statutory interpretation is an integral part of the court ruling process‚ as the role of a judge is to apply the law‚ not make it. When trying to establish Parliament’s intention within an Act‚ there are various aids available to help. Firstly‚ there are three approaches to interpretation. The first of these is the literal rule‚ where‚ according to Martin (2007)1
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------------------------------------------------- Foss v Harbottle Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company‚ the proper claimant is the company itself. This is known as "the rule in Foss v Harbottle"‚ and the several important exceptions that have been developed are often described as "exceptions to the rule in Foss v Harbottle". Amongst these is the ’derivative action’‚ which allows
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A contract can be defined as an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enforceable in a court of law (Gibson & Fraser‚ 2012‚ Business Law‚ p303). A contract must be satisfied certain legal requirements which are agreements‚ intention to create legal relations‚ considerations and capacity. Agreement = Offer + Acceptance Therefore‚ here apply the rule
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to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation‚ in England and Wal Consumer Contracts Regulations 1999‚ the Unfair Contract Terms Act 1977 applies to all contracts‚ but the Unfair Terms in Consumer Contracts Regulations 1999‚ unlike the common law rules‚ do differentiate between contracts between businesses and contracts between business and consumer‚ so the law seems to explicitly recognize the greater possibility of exploitation of the
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African Consolidated Resources Plc and Others Minister of Mines and Mining Development and Others (HC 6411/07) [2010] ZWHHC 86 (6 September 2010) Download original filesPDF format RTF format | | Bookmark/share this page | [Context] [Hide Context] HH 205-2010 HC 6411/07 IN THE HIGH COURT OF ZIMBABWE HELD AT HARARE In the matter between:- AFRICAN CONSOLIDATED RESOURCES Plc and DASHALOO INVESTMENTS (PVT) LTD and POSSESSION INVESTMENTS (PVT) LTD and HEAVY STUFF INVESTMENTS
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