be the effect of a contract entered into with a bankrupt and what kind of remedies were there have for such contracts. Explanation of relevant law According to the Contracts Act 1950‚ under section 2(h)‚ an agreement enforceable by law is a contract. Furthermore‚ S. 2(h) of the Contracts Act 1950 states that any agreement which is not enforceable by the law is said to be void. To have an enforceable contract there must be offer and acceptance. In Section 2(a) stated that a proposal is made when one
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What is negligence? Negligence is a legal concept in the common law legal systems mostly applied in tort cases to achieve monetary compensation for physical and mental injuries. Negligence is a type of tort. "Negligence" is not the same as "carelessness"‚ because someone might be exercising as much care as they are capable of‚ yet still fall below the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls
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involved voluntarily and involuntarily‚ feeling like that they had an obligation to protest. The issue of this question is to determine the offences committed by the China national train drivers under Singapore law. The laws they broke include the breach of contract‚ conspiracy (tort law)‚ duress and disrupting the essential services of country (Singapore). A breach of contract is committed when a party of the contract repudiates his liability under the contract before the time of performance is
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> UNDERSTAND QUICKLY > REVISE EFFECTIVELY > TAKE EXAMS WITH CONFIDENCE CRIMINAL LAW EMILY FINCH AND STEFAN FAFINSKI CRIMINAL LAW Stefan Fafinski‚ University of Leeds Emily Finch‚ University of East Anglia Table of cases and statutes Cases Able [1984] QB 795 Adomako [1995] 1 AC 171 AG for Jersey v. Holley [2005] 3 AU ER 371 A–G for NI v. Gallagher [1963] AC 349 A–G Ref No 3 of 1994 [1998] AC 245 A–G’s Reference (No. 2 of 1983) [1984] QB 456 Ahuwalia [1992] 4 AUER 889 Allen [1985] AC
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Criminal Law Notes Chapter 3-4: Corpus Delicti: 1) Act/Omission & 2) Criminal Agency Temporary Insanity does not apply in California. You must prove that you cannot understand right/wrong at the time of the act‚ and that you did not understand the nature/quality of the act. Must also prove insanity‚ otherwise you are considered sane. People who cannot commit a crime (PC 26): 1) Children under 14 2) Idiots – Mental Incapacity 3) Ignorance or mistake of fact 4) Unconsciousness of Behavior
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deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. actual malice is required to establish defamation against public figures. appropriation In tort law‚ the use by one person of another person’s name‚ likeness‚ or other identifying characteristic without permission and for the benefit of the user. assault any word or action intended to make another person fearful of immediate physical harm—a reasonably
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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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Assignment On Common Law Submitted To: Dr. Simon Palmquist Word Count: 1‚919 Table of Contents Question 1................................................................................................................ 02 Question 2................................................................................................................ 04 Question 3...............................................................................................................
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Law of Tort The law of tort is that set of rules specifying certain actions and omissions as wrongs which give rise to civil liability. Tort of Negligence It arises when damage is caused to a person or his property by a failure to take such reasonably cares as the law requires in the circumstances of the case. The damage could be caused by a negligent act or omission; meaning that the defendant did something or the defendant failed to do what he should have. Elements of negligence To succeed
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of property • Trespass - direct an unlawful interference with possession of person‚ property or land‚ regardless or intention of trespasser Tortes verses contract law • Tort law - special relationship other than a contract which forms the basis of civil claims (e.g. Patient/doctor‚ parent/child) • Contract law - legally binding agreement forms the basis of the civil claim • For a tort to be successful - plaintiff must prove existence of certain elements that give rise to
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