Doctrine of Serparability * Vivek Chattopadhyay1 The Doctrine of Separability is one that is recognized worldwide. From the angle of Arbitration‚ it essentially means that‚ in a contract if there is an Arbitration clause‚ it shall be treated separately with respect to the contract. So‚ if‚ the Contract becomes void due to some reason or the other‚ the Arbitration clause with respect to the Doctrine‚ does not. Even if the validity of the Arbitration Clause is to be adjudicated upon‚ the jurisdiction
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confidentiality is equitable‚ as it imposes a personal obligation on the person who knows the information not to disclose it. This has been unanimously approved in the High Court Case Farah Constructions Pty Ltd v Say-Dee Pty Ltd. President Kirby further developed this doctrine by listing factors which helps in determining whether information is confidential in Wright v Gasweld Pty Ltd. Factors which suggest that information is confidential are if it required skill and effort to acquire‚ whether the
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• Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining: The employment-at-will doctrine states that an employee can be fired or released from a company for cause or no cause at all. The employee also has the right to quit a job for any reason. Under this legislation‚ neither the employer or employee incurs “adverse legal consequences” (NCSL‚ 2014). There are three exceptions that are observed by the law to include a dismissal that “violates
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MA Neave‚ CJ Rossiter‚ MA Stone. Sackville and Neave Property Law (1999) 6th Ed Butterworths – Doctrine of fixtures The doctrine of fixtures is governed by the principle stated in the maxim ‘quicquid plantatur solo‚ solo cedit’‚ which means: ‘Whatever is affixed to the soil becomes a part of the soil’. The question whether a chattel has become a fixture is a question of law: Reynolds v Ashby & Son [1904] AC 461. Determining whether an object is a fixture involves 2 steps: 1. Determining
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Employment-At-Will Doctrine Shannon S. Valentine Professor Boneita Campbell LEG 500: Law‚ Ethics‚ and Corporate Governance Strayer University July 22‚ 2012 Executive Summary The United States of America is known throughout the world as the land of opportunity and freedom. Most people would agree with this statement‚ however in some situations this “opportunity” and “freedom” is not what it seems‚ especially in the job market. There is the freedom to start your own business‚ (where you can’t
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The authority of Scripture is a key issue for the Christian Church in this and every age. Those who profess faith in Jesus Christ as Lord and Savior are called to show the reality of their discipleship by humbly and faithfully obeying God’s written Word. To stray from Scripture in faith or conduct is disloyalty to our Master. Recognition of the total truth and trustworthiness of Holy Scripture is essential to a full grasp and adequate confession of its authority. The following Statement affirms
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Contract assignment Doctrine of frustration Doctrine of frustration ACCORDING to Section 56‚ an agreement to do an act impossible in itself is void (for example‚ an agreement to discover treasure by magic). Supervening impossibility or illegality refers to the intrusion or occurrence of an unexpected event or change of circumstances beyond the contemplation of the parties; such event or change of circumstances must be so fundamental as to be regarded by law as striking at the root of contract
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In this paper‚ I will be discussing the different views of the Doctrine of Election (or predestination). There are many different views on this subject‚ but I will only talk about the Wesleyan and the Calvinism views. The Calvinism view says‚ “The doctrine of election is an act of God before creation in which He chooses some people to be saved‚ not on account of any foreseen merit (nor faith) in them‚ but only because of His sovereign good pleasure”. The Wesleyan view states that God has a foreknowledge
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Running Head: EMPLOYMENT-AT-WILL DOCTRINE 1 Employment-At-Will Doctrine 04/22/2013 Running Head: EMPLOYMENT-AT-WILL DOCTRINE 2 Jennifer is a recent graduate and has been hired by my accounting firm out of college. Upon being hired Jennifer has engaged in a number of different behaviors that need the accounting manager’s attention. The first situation is that Jennifer
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Halbert | Elaine Inguli Strayer University Employment –At – Will Doctrine Alicia Marie Bing Law‚ Ethics & Corporate Governance – LEG 500 Dr. Demetrius Abraham 26 January 2014 TABLE OF CONTENTS Title Page i Certification of Authorship ii I. Abstract 5 II. Summarization: Employment-At-Will Doctrine 6 II a. Allowable Exceptions to Legally Fire 6 II b. Decision and Reasoning to Limit Liability
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