Law and Equity Essay (a) Outline the development of common law and equity. There was no system of law in England and Wales before 1066‚ as it was mainly based on customs which were just rules of behaviour and the other used to be the decisions of judges. The law in England and Wales built over the centuries. There were various methods of creating laws which were called “sources of law”. However‚ in the 18th Century Parliament became more powerful which lead the Acts of Parliament (statues) to
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Unwritten law is law that has not been enacted by the legislature (Parliament and the State Assemblies) and this law is not found in the written Federal and State Constitutions. This law is found in cases‚ which have been decided by the courts and local customs. Unwritten law is mainly comprised of: 1. English Law English law forms part of the laws of Malaysia. English law can be found in the English common law and rules of equity. However‚ not all of England’s common law and rules of
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OBJECTIVE: To understand what the Case Law is and what is the importance‚purpose and history of the same and thereby getting a better understanding of the role and relevence of Case Law in India. HYPOTHESIS: Case Law or Common Law is a reported decision given by a court of first instance i.e. Supreme Court or High Court in which there are new interpretations of law and can be cited as precedent in the process of Stare Decisis. Case Law is law developed through decisions of Appellate Courts
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Classification of Laws An important method of classifying law is according to the system in which it is created. • common law Rules of law created by the courts through judicial decisions. Courts “make law” as part of the process of deciding cases and controversies before them. The case law created in this process is based on a doctrine known as stare decisis. This doctrine is based on the notion that prior decisions provide guidance that should be followed in subsequent cases involving the
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Chapter 1 Risk Management and Sources of Law Risk Management Risk Management – is the process of identifying‚ evaluating and responding to the possibility of harmful events. Risk Avoidance – A risks that should be avoided altogether. (Ex. Ford Pinto and exploding on impact) Risk Reduction – Risk that can be reduced to an acceptable level through precautions. (Ex. Banks loans and collateral) Risk Shifting – Risk that can be put on a different party. (Ex. hiring an independent contractor) Risk
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not appointed by the board – have a decisive say in managing from a distance. Other directors do not have to accept their advice – but must be ACCUSTOMED to doing so. It does not count if advice is being provided from a professional capacity. Case Law: Fyffes plc V DCC – argued Flavin was a shadow director of DCC. HELD: not a shadow director. A company can be a shadow director of another company. Fyffes case: HELD that DCC was probably a shadow director of Lotus green. De Facto directos: Act as
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legally binding:the law provides a remedy in the event that the promise is not fulfilled. Bylaw‚ certain types of contracts must be in writing‚ but oral contracts are valid in many situations. An oral contract may be held to exist even in the absence of agreement as to all its terms. Contract provides the same meaning of Turkey and America .so it does not matter whereever you are. There is no differences between two law systems about contract. Turkish contract Law Due to the fact that
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1) Laws may be defined as a body of rules which are enforced by the state. There are two types of laws in Malaysia‚ those are written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislations. Besides‚ written laws refer to the law that is contained in a formal document and which has been passed by a person or body that is authorised to do so. In Malaysia‚ which has a written constitution‚ written law consists of the Federal and State Constitutions
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Assignment on University of Dhaka Laws Affecting Business Date: Tuesday‚ 28 May 2013 Submitted to: Prof. Dr. Abu Hossain Siddique Professor‚ Department of International Business University of Dhaka Submitted By: Rabiul Hasan Roll no. 256 6th Batch‚ Department of International Business University of Dhaka Executive Summery Business must operate within the boundaries of laws and government regulations. Laws have been developed not only to protect consumers but also to preserve
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The role of the law "is a system of rules usually enforced through a set of institutions". (Wikipedia‚ 2007) These rules are governed and regulated as specific types of laws. Some types of laws are constitutional laws‚ which exist only at state and federal levels. (Mallor et al.‚ p.2‚p.3) This types of law sets up structure and oversee prevention of other government levels. (Mallor et al.‚ p.2‚p.3) Another type of law is Statues in which elected representatives draft a book or code that is authorized
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