COMPANY LAW MGMT3046 (MS37B) ACADEMIC YEAR 2011/2012 WORKSHEET 1 INTRODUCTION TO THE COMPANY LAW REGIME TYPES AND NATURE OF COMPANIES Learning objectives: The student should be able to: ✓ describe the various kinds of companies that may be registered under the Companies Act; ✓ explain the distinction between private and public companies with reference to the relevant provisions of the Companies Act; ✓ explain the concept of limited
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FORMALITIES Common law has no form requirements for contracts: oral contracts are enforceable Consequences of failure of complying with formal requirements vary from statute to statute but include penalties‚ fines and civil consequences ie. Non-enforceability of contract Legislation imposes formal requirements for certain types of contract (this goes beyond the common law) ; e.g.: Consumer credit (has to have warnings‚ and writing) Sale of motor vehicle (needs written work of purchasing car
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of contract. The breach was as a result of the good faith covenant and fair dealing. Additionally‚ she felt that the mortgage transaction was an example of unfair practice of violations in business under the unfair competition law of the state of California concerning unjust conversion and enrichment. On the basis of the second amended complaint‚ the bank had maintained the activity of procuring costly replacement insurance when mortgagors made a default on their loan obligation to keep relevant hazard
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4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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CHAPTER- 2 CLASSIFICATION OF SOURCES OF INTERNATIONAL LAW 2.1. Classification of Sources of International law Source is found in the process by which it becomes identifiable as a rule of conduct with legal force and from which it derives legal validity. The various sources of international law are inferred from Article 38 of ICJ. Article 38 of ICJ states: The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply : A. international
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QUESTION: Discuss the salient dimensions of administrative justice and making reference to case law highlighting the most important rights linked to administration of justice. AUTHOR: KATALILO JOY INTRODUCTION This paper will be a discussion of the leading dimensions of administrative justice and will highlight the fundamental rights linked to administration of justice. Governments exist to provide guidance to its people. In fulfilling this important duty‚ governments make decisions
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consideration. Promissory estoppel like proprietary estoppel is popular types of equitable estoppel. The importance of equitable estoppel was stated in Crabb V. Arun DC (1976) 1 Ch 179 that “equity comes in........ to mitigate the rigours of strict law.......... it prevents a person from insisting on his strict legal rights.... when it would be inequitable for him to do so having regards to the dealings which has taken place between the parties”. An example of promissory estoppel is where A promises
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Is the constitution still relevant today? Some would say that it is not and never has been. However‚ I happen to think otherwise. The constitution was written to establish our rights and freedoms as citizens. In my opinion the constitution is still relevant today. When you think of the different parts of the constitution it all makes sense. We have the amendments and our rights‚ the amendments clarify the duties of the government and branches. The bill of rights is focused on the people and their
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“Law is invariably constructed as a response to conflict or‚ specifically‚ to a given social problem; it is a mechanism that attempts to control certain kinds of activities or behaviours” (Boyd‚ 2007‚ p.45). Every citizen in our society is affected by the law in one shape or the other. As such‚ this paper will examine that as students and analysts of law’s evolution we should accept both natural law and positivism. Consequently‚ this essay will gauge the strengths and weaknesses of this claim. Indeed
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Aviation Law and Space Law Aviation Law -Air space – customary law since First W.W. That aircraft from one state have right to fly over the high seas‚ but never over territorial sea of another state -Art.1 1944 Chicago Convention on International Civil Aviation: “every state has complete and exclusive sovereignty over the space above its territory” -It is a serious breach of international law for a state to order to violate the air space of another state (for e.g. USA military aircraft attacked
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