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Articles by LawTeacher
Testate Succession and Intestate Succession
Essay. Published: February 2, 2018
The existence of the twin regimes of testate and intestate succession may reflect the wealth of a deceased person – those who have a lot to leave will generally prepare carefully for how it is to pass and to whom (as in the case of Williamson v Williamson) while those with not very much will allow it to pass to their partners and children in general with no actual preference….
Methods of Dispute Resolution
Essay. Published: February 2, 2018
From the beginning of civilization and organized society negotiations have occurred to solve disputes. If negotiation between the parties failed ……
Employment Relations System in Australia
Essay. Published: February 2, 2018
Australia evolved from a major white settler colony of the British Empire into industrial capitalist, self-governing federal state with ……
Promissory Estoppel in Tax Laws
Essay. Published: February 2, 2018
One of the impending problems that confront taxpayers in their relationship with the Tax Department revolves around the credibility ……
Arriving At Collective Bargaining Agreements
Essay. Published: February 2, 2018
This lesson will discuss the processes by which public sector employers and unions negotiate with each other to arrive at collective bargaining ……
Extrinsic Evidence
Essay. Published: February 2, 2018
In order to give effect to the words used in the will and when meaning of these words and their application cannot be ascertained without knowing……
Hindu Undivided Family Hindu law
Essay. Published: February 2, 2018
Introduction The term ‘Hindu undivided family’ has not been defined in the Income Tax Act. ‘Hindu undivided family’ was included with ……
Public Advertisements Do Not Constitute an Offer
Essay. Published: February 2, 2018
A contract is an agreement between two or more persons which is enforceable by law. Generally, public advertisements do not constitute an offer merely an invitation to treat….
Where Means of Communication Are Deemed Instantaneous
Essay. Published: February 2, 2018
The Postal Rule. The postal rule is a historical ruling, which came about in a time where the main and quickest form of business communication ……
Self-control Theories of Crime
Essay. Published: February 2, 2018
To many citizens, politicians, and criminal justice practitioners, theory has a bad name, which is why in their minds, the word ‘theory’ means an irrelevant antonym of ‘fact…
Secret Profit Can be Defined as a Bribe
Essay. Published: February 2, 2018
Once an agent received a secret profit, the law presumes that he has been affected by the payment to the detriment of his principal. It does not ……
The Impact Behind Restrictive Covenents
Essay. Published: February 2, 2018
Restrictive covenants can have both an impact on employees and employers. They are inserted to employee’s contract and come in effect as soon ……
Three Scenarios Under Review
Essay. Published: February 2, 2018
PART A Introduction This paper advises Loadstar Freight Ltd (hereafter ‘Loadstar’) as to their contractual rights and obligations arising ……
When a Contract Has Been Broken Remedies
Essay. Published: February 2, 2018
What is a Contract? The term contract is defined in section 2(h) of the Indian Contract Act, 1872, as follows: An agreement enforceable ……
Examining the Intricacies of Sham Trusts
Essay. Published: February 2, 2018
Interpretation of trusts has been a highly discussed topic for many years. Numerous court cases have focused on deciding whether an established tru……
Validity of Trusts in Regards to a Will
Essay. Published: February 2, 2018
The validity of these trusts as set out in John’s will require observing, as in order for a valid trust the three certainties must be met unless it can be perceived as a charitable trust….
Should Advertisements Be Considered Offers?
Essay. Published: February 2, 2018
A contract or an agreement is usually reached by the process of offer and acceptance and the law requires an offer on ascertainable terms which ……
Introduction Overview of Study
Essay. Published: February 2, 2018
Payment was identified as one of ten priority areas in the Malaysian construction industry during a construction industry roundtable in June ……
Negligence Is the Most Important Modern Law
Essay. Published: February 2, 2018
Negligence essentially concerned with compensating people who have suffered damage as a result of carelessness of others, but the law does not ……
Workplace and Age Discrimination
Essay. Published: February 2, 2018
The report is a contextual evaluation of the age oriented diversity problems prevalent in the workplace in the United Kingdom, and presents a ……
Occupiers Liability Acts 1957 and 1984
Essay. Published: February 2, 2018
Occupier’s liability is a field of tort law which deals with liability that may arise from accidents caused by the defective or dangerous ……
Offer and Acceptance Analysis
Essay. Published: February 2, 2018
A ‘Construction contract’ is a legal agreement between two or more parties, based on the universal principles of contract law. …
Techniques of Neutralization
Essay. Published: February 2, 2018
This paper aims to present an application of techniques of neutralization by Sykes and Matza in one hand and anomie by Merton on the other in explaining white collar crime….
Expectation in the Labour Relations Act
Essay. Published: February 2, 2018
The concept of ‘reasonable expectation’ in terms of s 186 (1) (b) has given greater certainty to the area of unfair dismissal and has replaced ……
Criminal or Civil Standard of Proof
Essay. Published: February 2, 2018
The standard of proof, in essence, can be loosely defined as the quantum of evidence that must be presented before a Court before a fact can be said to exist or not exist. As the type of cases before a Court can be classified into criminal or civil, so can the standard of proof…
The Historical Development of Equity Law
Essay. Published: February 2, 2018
The historical development of equity law and understanding that equitable principles are distinctive from but not necessarily incompatible with those of common law….
Unforeseen Events May Occur Which Create Obstacles
Essay. Published: February 2, 2018
General Commentary The nature of the law of contracts is that of, in any agreements made by the parties, unforeseen events may occur which creates ……
Three Certainties to Form a Trust
Essay. Published: February 2, 2018
In English law it is said that a trust places one of the most powerful obligations on the trustee and as a consequence, its responsibilities ……
Judicial Power Rights
Essay. Published: February 2, 2018
Judicial Power Rights. Discuss the constitutional significance of the process of Judicial Review of administrative action in the UK….
The Police and Criminal Evidence Act
Essay. Published: February 2, 2018
The Police and Criminal Evidence Act 1984 was brought in following recommendations set out by the Royal Commission on Criminal Procedure. …
What is in Fact Economic Loss
Essay. Published: February 2, 2018
ABSTRACT Let us begin with the question: What is in fact ‘economic loss’ for which a party, individual or a company, is liable under law? The ……
The Sociology of Law – What is it?
Essay. Published: February 2, 2018
The Sociology of Law has first and foremost it’s foundations in the field of sociology. This area does, however, take an interdisciplinary as opposed to duel approach in analysing and understanding the relationship between law and society….
The Protection of Harassment Act 1997
Essay. Published: February 2, 2018
(1) The mode of trial for a S2 offence PHA1997 is by summary only, this is stated in section 2(2) “ A person guilty of an offence under this ……
Pleural Plaques is Not an Actionable Injury
Essay. Published: February 2, 2018
Introduction Personal Injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an ……
Requirements and Contents of a Legally Binding Agreement
Essay. Published: February 2, 2018
Acceptance is seen to validate a contract, and as explained by Duhamie ‘it gives it life’ . Under the rules of acceptance, the offeree ……
The Process of Corporate Manslaughter in Court
Essay. Published: February 2, 2018
For a company to be guilty of corporate manslaughter a senior person (normally a director) also has to be guilty of manslaughter….
The Idea of Developing Power
Essay. Published: February 2, 2018
The idea of developing power by the British parliament at the centre to sub-national units has brought about further challenge to parliamentary sovereignty….
Fiduciary Relationships and Constructive Trusts
Essay. Published: February 2, 2018
For the purpose of imposing **a constructive trust**, which of the following relationships will be treated as **fiduciary relationships**?…
Granting an Equitable Allowance to the Defendant
Essay. Published: February 2, 2018
I Introduction On 6 September 2006 the Supreme Court released its important and controversial judgment in Chirnside v Fay . Elias CJ and Tipping ……
The Bargain Element of Consideration
Essay. Published: February 2, 2018
All contracts require something to be given in return for something else. This is called ‘consideration’. It is the bargaining element of ……
The Murphy v Brentwood Case
Essay. Published: February 2, 2018
In what circumstances, despite Murphy v Brentwood, may construction professionals, contractors and sub-contractors who were involved in ……
Recovery of Economic Loss in Negligence
Essay. Published: February 2, 2018
Answer the following questions, within the word limit set for each. What is the distinction between consequential economic loss and pure economic ……
The Definition of Redundancy
Essay. Published: February 2, 2018
In the current economic climate, many employers are likely to be faced with the challenge of reducing operating costs and inevitably making ……
Contract Assignment
Essay. Published: February 2, 2018
Pacta sunt servanda, (agreements are to be kept; treaties are to be observed) is a Roman maxim designed to encourage good practice in contracts…
The Take or Pay Clause
Essay. Published: February 2, 2018
Why do long-term take or pay contract relevant in project finance? Project finance proceeds on the fundamental principle that limits the lender ……
Cross-examination Example
Essay. Published: February 2, 2018
The purpose of this cross-examination will be to challenge the version of events put to the court by Tessa Grayling during the examination-in-chief….
A Employment Tribunal Report
Essay. Published: February 2, 2018
Claimant: Mr. HJO’ Mara Respondent: Mr. Graham Hancock & Mr. Graham t/a HR painters & Decorators Rothwell Pre-hearing Review HR Painters and ……