the loan contract between ABC bank and Sambal Pty Ltd is invalid. State the law: Section 140 of the corporations act states that: “A company’s constitution (if any) and any replaceable rules that apple to the company have effect as a contract: (a) Between the company and each member; and (b) Between the company and each director and company secretary; and (c) Between a member and each other member; Apply the law: According to section 140‚ a company’s constitution is only an internal governance
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Chapter 1 THE NATURE AND SOURCES OF LAW A. Nature of Law and Legal Rights 1. LEGAL RIGHTS 2. INDIVIDUAL RIGHTS 3. THE RIGHT OF PRIVACY 4. PRIVACY AND TECHNOLOGY B. Sources of Law C. Uniform State Laws D. Classifications of Law Copyright 2010 Cengage Learning‚ Inc. All Rights Reserved. May not be copied‚ scanned‚ or duplicated‚ in whole or in part. Licensed to: iChapters User 4 Part 1 The Legal and Social Environment of Business law – the order or pattern of rules that society establishes
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employees. The plant happens to keep excellent medical records on all its employees‚ stretching back for decades‚ which might help identify the source of the problem. The government demands the files. But if the company turns them over‚ it might be accused of violating the privacy of all those workers who had submitted to private medical exams. The company offers an abstract of the records‚ but the government insists on the complete files‚ with employee names. Then the company tries to obtain releases
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Bad Law/Lawyers Introduction: Law is a term which does not have a universally accepted definition‚ but one definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behavior. What is bad law you may ask? Bad law ties in with quite a few things‚ as a matter of fact it’s a very big subject but I would like to break it down to just a few certain topics. The topics that I would like to discuss are what is and makes a bad lawyer in general
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Topic 2: Individual & the Law Rights and Responsibilities Nature of Individual Rights Rights are entitlements that people have by legal or moral authority. No one can take this right away from you. Development of Rights: Legal rights have been developed from several areas: 1. Natural law – Basically from God 2. Positivists - Basically argued that its made by parliament and authorities. 3. International Law - UN Type of rights: Civil and Political Rights – This is to protect people
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The rule of law is a system of rules and rights that enables fair and functioning societies. The World Justice Project defines this system as one in which the following four universal principles are upheld: The government and its officials and agents as well as individuals and private entities are accountable under the law. The laws are clear‚ publicized‚ stable‚ and just; are applied evenly; and protect fundamental rights‚ including the security of persons and property. The process by which the
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By definition‚ Martial Law is the temporary superimposition of military government over civil government. This military-run government is put into place in the event of war or serious national emergencies. During such times‚ the military and its accompanying superiors take over the executive‚ legislative and judicial functions normally delegated to the civil government by virtue of its constitution. As a consequence‚ the writ habeas corpus‚ or the right of an individual in custody to be brought
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CASE DIGEST OF MAGALLONA VS ERMITA FACTS OF THE CASE: The antecedent facts of this case emerged upon the passing of Republic Act 3046 in 1961. The law’s purpose is to demarcate the maritime baselines of the Philippines as it was deemed to be an archipelago. RA 3046 stood unchallenged until 2009‚ when Congress amended it and passed RA 9522. This amending law shortened one baseline and determined new base points of the archipelago. Moreso‚ it has identified the Kalayaan Island Group and the Scarborough
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English tort law English tort law concerns civil wrongs‚ as distinguished from criminal wrongs‚ in the law of England and Wales. Some wrongs are the concern of the state‚ and so the police can enforce the law on the wrongdoers in court – in a criminal case. A tort is not enforced by the police‚ and it is a civil action taken by one citizen against another‚ and tried in a court in front of a judge (only rarely‚ in certain cases of defamation‚ with a jury). Tort derives from middle English for
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History of Contract in India The Third Law commission of British India formed in 1861 under the stewardship of Chairman Sir John Romilly‚ with initial members as Sir Edward Ryan‚ R. Lowe‚ J.M. Macleod‚ Sir W. Erle (succeeded by Sir. W.M. James) and Justice Wills (succeeded by J. Henderson)‚ had presented the report on contract law for India as Draft Contract Law (1866). The Draft Law was enacted as The Act 9 of 1872 on 25th April 1872 and the Indian Contract Act‚ 1872 came into force with effect
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