1. Introduction “Vicarious” means‚ “in place of another”. Although we are generally only liable for our own wrongful actions in certain circumstances a person who is not at fault can be held liable for the delict of another. This usually occurs in partnership‚ agency‚ motor car accidents and employment‚ these are instances where there is a special relationship between the person held accountable and the person who committed the delict which provides allows for the former to incur the liabilty.
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need to clarify the meaning and characteristics of company. In short‚ company means a body of persons combined for a common object. A company exist there must be a group of persons that more than 1 persons. In eyes of law‚ a company is a separate legal personality from its members. In Section 16(5) CA1965‚ it stated that a body corporate obligations and liabilities are its own‚ and not those of its participation; it can sue and be sued in its own name; the property is not the property of its participants;
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John Walter O. Boisvert TM 102 (12:20 – 2:00) FORMS OF BUSINESS ORGANIZATION 1. Sole Proprietorship - is the simplest business form under which one can operate a business. The sole proprietorship is not a legal entity. It simply refers to a person who owns the business and is personally responsible for its debts. A sole proprietorship can operate under the name of its owner or it can do business under a fictitious name. ADVANTAGES: * Capital - Sole proprietor contributes
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is argued‚ by Dworkin‚ that both legal positivism and natural law theories are in reality searching for an answer to the question ‘what is law?’ a fundamental question and challenge towards the debate and critique of the natural lawyer and positivist. However Dworkin directs towards another issue‚ a more specific question of understanding law‚ gained by asking ‘how do judges find the law’2. This directs attention towards ‘hard cases’3‚ a theory provided by legal positivism. It is explained by Dworkin
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Definition – the law of Trust determines the relationship among trustee‚ trustor and beneficiaries over the property. Trustor means owner of the property‚ which enjoys extended bundle of rights over his property. Trustee is a person who manages the property. Beneficiary: A beneficiary is anyone who receives benefits from any assets the trust owns. We have two types of trust. First division of types: First is Inter Vivos - the management of the property during one’s lifetime. Mortis Causa –
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is incorporated‚ it is treated as a separate legal entity‚ distinct from its promoters‚ directors‚ members and employees and hence the concept of the corporate veil‚ separating those entities from the corporate body has arisen. The nature of corporate personality can be analysed by reference to the celebrated case of Salomon v. A. Salomon & Co. Ltd.[2] Indeed it has been said that Salomon forms a cornerstone of company law and that the separate legal identity of a company stands as a fundamental
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Hart’s Concept of Law: Positivist Legal Theory or Sociology? Glen Wright This paper will consider the extent to which HLA Hart can be said to have turned the positivist tradition of legal thought from positivism to a sociology of law. Hart ’s claim to be engaging in ’descriptive sociology ’ is first considered‚ followed by the submission that Hart ’s gesture towards natural law is distinctly sociological. The significance of the ‘critical reflective attitude’ is then discussed and‚ finally‚ the
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Vargas‚ D. ‚ “Building a new curriculum for PUC-Rio Law School”. IALS Buenos Aires‚ 2011. 2011 International Association of Law Schools Conference on Teaching‚ Legal Education and Strategic Planning Buenos Aires‚ April 2011 Theme for Paper: Curriculum Content of Legal Education. Sub-theme: criteria for determination of the curriculum Building a new curriculum for PUC-Rio Law School. Daniela Trejos Vargas*1 PUC-Rio College of Law‚ Brazil dvargas@puc-rio.br In March 2008‚ the first-year
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this concept teaches individuals to look around them and realize that answers to new legal problems must be found by consideration of the present social needs and not in wisdom of the past. It is also stated that it is a grammar of law that gives light to basic ideas and fundamental principles of law‚ ie negligence‚ liability inter alia; it also trains the mind to solve difficult legal provisions in a legal way. And also to help judges and attorneys in ascertaining the true meaning of the laws
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covers many different sub-topics. Even these can be very general. For example‚ you have misrepresentation‚ mistake‚ lack of capacity etc. Under mistake‚ you have unilateral or bilateral mistakes. And the list goes on. Once you identify the appropriate legal principle‚ you should quickly write down the key points. Being able
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