evidence denotes the means by which any alleged matter or facts the truth of which is submitted to investigations‚ approved or disapproved‚ admissions‚ 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
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enforceable in a court of law [1]. For a legally binding contract to exist the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3. Consideration must pass between the parties 4. The parties must intend the agreement to be legally binding 5. The parties must have the legal capacity to enter into a contract 6. The contract cannot be for an illegal purpose. This essay will explore aspects of contract law based on two scenarios
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It is trite law that an insurer under a contract of indemnity insurance‚ who has satisfied the claim of the insured‚ is entitled to be placed in the insured’s position in respect of all rights and remedies against other parties which were vested in the insured in relation to the subject-matter of the insurance1. Where the insured has proceeded against the third party after the insurer had paid out the claim and without the insurer’s authority as happened in Visser v Incorporated General Insurances
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Civil law (common law) Civil law is the branch of law dealing with disputes between individuals or organizations‚ in which compensation may be awarded to the victim. For instance‚ if a car crash victim claims damages against the driver for loss or injury sustained in an accident‚ this will be a civil law case.[1] Civil law differs from criminal law‚ whose emphasis is more on punishment than in dispute resolution. The law relating to civil wrongs and quasi-contract is part of the civil law.[2] -------------------------------------------------
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but not all workers are employees‚Broadbent v Crisp and Halawi v WDFG UK Ltd applied‚ and Equality Act 2010 s.83(2) considered. Since the term “employee” is narrower than the term “worker”‚ the rights and liabilities are consequently different in law(Emir‚ 2012). As mentioned‚ a salaried partner can or cannot be an employee‚ which relates to handling member departures‚ tax payment and many other restrictions(Gannon‚ 2014). However‚
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Marina Trohin Business Law William A. Shelby 2/13/2013 Introduction At the course of Business Law‚ we got the knowledge about the contract. In addition we have an assignment that provides a contract analysis. This evaluation of the contract will be reviewed in accordance with the following requirements: 1. What specifically makes this contract enforceable? 2. What are the responsibilities
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BLO 2205 Corporate Law Assignment Semester 1 2013 INTRODUCTION Under the Corporations Act 20011‚ all the directors and officers must be under Common Law duties and Statutory Law duties to exercise their powers in order to carry on one company. It is essential for officers and directors to impose the legal duties for purposes of minimizing wrongful or illegal behaviors’ risks. Briefly‚ the main fiduciary duties and statutory duties contains duty to act in good faith in the interests
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USIU BUS 3010 BUSINESS LAW LAW AGENCY NOTES AGENCY LAW The law of agency in Kenya is basically that of the English Common Law. It deals with the relationships that arise when one person‚ the agent‚ is used by another‚ the principal‚ to perform certain tasks on his behalf. CREATION OF THE AGENCY RELATIONSHIP Agency may be created in four ways namely‚ i. By contract ii. By Ratification iii. By Estoppel iv. By operation of the law Agency by Contract This may either be by express contract
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Business and Consumer Law Final Exam Notes Chapter 5: An Introduction to Contracts Contract Law: A deliberate and complete agreement between two or more competent persons in writing supported by mutual consideration‚ to perform an act. It is enforceable in court. Agreement: composed of an offer to enter into a contract and acceptance of the contract. Complete: the agreement must be certain. Deliberate: both parties must want to enter into a contractual relationship. Voluntary: The agreement must
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A contract intends to formalize an agreement of two or more parties‚ in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property‚ the terms of employment or of an independent contractor relationship‚ the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus
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