"Maxims of equity" Essays and Research Papers

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    Describe the remedies available for breach of contract When signing a contract not only are you agreeing to the terms of this contract you are agreeing to the consequences if breach the contract. There are many remedies available if one of the party’s breaches the contract and if the party who breached the contract doesn’t agree to the consequences then the matter will be taken to court. A breach of contract can be defined as a party failing to perform‚ precisely and exactly‚ his obligations under

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    lying. This is where Kant introduces the idea of maxims. Maxims are rules that are formulated as rules to follow as moral law similar to a divine commandment e.g. do not murder‚ do not lie. Kant claimed that in order for a maxim to be used as a moral law it must pass the test that is Categorical Imperative (CI). The CI consists of 3 formulations‚ the Universal Law‚ this is the test of the logical possibility of universalizability – “Act only on that maxim which you can at the same time will should become

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    Natural Law – denotes a system of moral and ethical principles that are inherent in human nature and that people can discover through the us of their natural intelligence‚ or reason. Positive Law – Or national law (the written law of a given society at a particular point in time)‚ applies only to the citizens of that nation or society. Legal Realism – the idea that law is just one of many institutions in society and that it is shaped by social forces and needs. Constitutional Law – The

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    This difference leads to the idea of justice being the most basic virtue. Plato believes that justice is balance. Justice‚ according to Plato‚ is avoiding chaos and keeping harmony in ones conscience. Kant believes that justice is based on our maxims. When being just‚ Kant believes that it is our duty to be truthful‚ preserve life‚ and develop or acknowledge our talents. Our society is not necessarily the most just society. There are many issues of inequality through out our communities and

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    and the companies of the reaction degree. [http://wiki.mbalib.com/wiki/Potential_Competitors] • Where Our company is Café de Coral. Its actual competitors are Fairwood and Maxim. These three companies are all the Hong Kong style dim sum fast food. And they are all Hong Kong’s local enterprises. Fairwood and Maxim each with more than 70 shops in Hong Kong. Café de Coral’s potential competitors from the United States and Japan. They are Burger King‚ KFC‚ McDonald’s‚ Yoshinoya and Conveyor belt

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    methodology and purpose. 2. Using the first twenty distinctions of his Decretum describe Gratian’s first attempt to formulate a doctrine of law and legislative authority in canon law and in the Ius commune. What was the role of Ius naturale‚ justice‚ equity‚ and reason in Gratian’s thinking about law. How did these concepts shape future developments? Outline the progress of legislative doctrine from "all law is custom" to "all law resides in legislative institutions." Describe how Gratian’s conception

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    The source of English Law is broad‚ with the real starting point at the Norman Conquest in 1066. During that time‚ England was mostly ruled by customs prior to the Conquest. It wasn’t until William the Conqueror took throne that modern English law started to develop‚ under the common law. Fast forward to 21st century‚ and now the law has been a lot more developed‚ with its sources divided into two‚ the primary source and the secondary source. The primary source being case law‚ legislation‚ and European

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    examines the generally accepted desirable characteristic of a system of taxation. I describe in this paper that even where every one agrees that the tax system should be simple as dictated by the first maxim of Adam Smith‚ no country is yet to meet this standard. Questions on policy‚ complexity‚ equity‚ administrative efficiency‚ cost of compliance all increasing the cry for a tax change. Many Eastern Europeans have adopted the flax tax system and presently has an increase economic growth. However‚

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    also been identified that the government faces a tradeoff between economic efficiency and economic equity. The government has to choose between increasing economic productivity‚ i.e. increasing the size of a hypothetical "national pie"‚ hence‚ choosing efficiency or ensuring that everyone receives the same share of the "national pie"‚ hence choosing economic equity. The choice between efficiency and equity that the government makes will inadvertently determine the type of economic system that a country

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    Assess the effectiveness of the criminal trial process as a means of achieving justice Police powers - under the Crimes Act and Law Enforcement (Police Powers and Responsibilities) Act emphasise the difficulties surrounding police discretionary powers - yet this is balanced somewhat by warrants acting as judicial safeguards against police abusing their powers - eg. warrants for a more ’legally enacted’ investigation process‚ phone taps or surveillance - but also warrants to reinforce police search

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