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Essays 91 - 120

Creation of Equity Law and Its Common Law Relationship

may be heard and judged to be in favour of a plaintiff or a defendant, but the ruling would be incapable of dispensing justice due...

Class Rights Variation and Corporate Control

example, preference shareholders will still usually have the rights to attend meetings, even where voting rights are not held. Thi...

Businesses and International Law

the seeking of an injunction and force compliance with the law (August, 2000). There is also the potential for action to be bro...

Rights of Third Parties, Privity, and English Contract Law

a contract we can see that this was allowed under Dutton v Poole (1677) 2 Lev 211 (Flannigan, 1987). This is also referred to by D...

Food Related Illnesses and California Law

contact surfaces or equipment and code 12275 provides specific examples of acts which are to be prevented in regard to employee ha...

Hindu Society and Women's Roles

are not to be allowed any form of independence - they cannot even undertake religious fasts on their own initiative, but must join...

Reforming Corporate Law and English Company Law Modernization

been tackled (Card et al, 1998). In the recent white paper it is also only this area which has received attention, stating that if...

California Family Code and Property

kicked in. In this way, the value would be calculated for the 10 years prior to the marriage during which the husband owned the pr...

Tracing Proprietary Claims on Sham Trusts under Common Law and Equity Law

this is an approach which is particularly applicable to chattels which are easier to identify as specific items (Martin and Turne...

California Nurse-Patient Ratios

(Cunningham, 2008). Observed Results Cortez (2008) states that in the past, patients had been known to call 911 from their ...

1990 Case of the US Supreme Court v. Employment Div., Ore. Department of Human Resources v. Smith, 494 US 872

for ingesting peyote, a hallucinogenic drug. This was not recreational drug use, however, but rather, for sacramental reasons as p...

Issues in English Employment Law

entitled to a long notice period or the employee is entitled to a valuable remuneration package (DiscLaw Publishing Ltd, Wrongful,...

Commercial Contract Law in the UK

dispute as to fact (McKendrick, 2000). At first this may appear to have the potential to be an express term, however, in this case...

Theories of Feminism and Law

at how this can be applied in critiquing the law. If we consider the concept of the law under critical legal studies the approach ...

First Amendment & Tort Law, UK & US

law began with the injustices incurred by the public due to the Industrial Revolution (France, Woeller and Mandel, 2005). Until 19...

Florida State Laws: Underage Alcohol Consumption/Possession And Public Urination

are on their own at school; however, the soiree does not last long once law enforcement officials find out those who are imbibing ...

An Evaluation of Australia's Corporation Law Reform Program

balance the law seems to be fair, there are some stringent requirements which hinder the process of doing business. In evaluating ...

Can An Action for Defamation Restore a Damaged Reputation?

approach as seen under common law approach. The problem with the approach is that whatever is done how can a court action...

Potential Liabilities of a Travel Firm and Hotel

or change in circumstances so fundamental as to be regarded by the law both as striking at the root of the agreement, and as entir...

The Relevance of Binding Precedent and Application of Offer and Acceptance in Contract Law in Australia

potential to alter this through legislation. The concept allows gaps in legislature to be filled. It may be argued that the way t...

McKinnon v. Secretary, Department of Treasury (2006) 229 ALR 187

will have little to do and give the holder f the information seeking to use the exception the ability to do this as long as the co...

Potential Cases for Tortuous Action Under Australian Law

to provide a route to gain relief for damages received and costs incurred, at the same time as acting as a deterrent to others. Un...

What is a Business Under Australian Tax Law - The cases of Ferguson and Stone

had to deal with in this case was firstly whether the naval officer was undertaking a business, and secondly if this was a busines...

The Right to Silence and Australian Law

In conjunction, it is also necessary to understand the specific context of the claims of the impact of silence on the probative va...

Freedom of Information Act in Australia

Applications must be filled out and the relevant application fees and processing charges must be paid unless such fees are waived ...

The Case of Demagogue Pty Ltd And Nicholas Ramensky and Gisela Elizabeth Ramensky

the loss or damage and that there are various orders a court can make to achieve this end. Section 82 can be compared to section...

Australian Public Disturbance Case

as this deal with damage to property during public disorder where property is damaged, but this time it may be purposefully, but i...

Australia's Internet Child Pornography and Law Enforcement

a pedophile, as such, is not a crime under Australian law, as there is "no common law or statutory definition in Australia of the ...

Student Submitted Case Study on Australia's Negligence Tort

types of financial awards that can be given, these include, but are not limited to; medical expenses, if reasonable and appropriat...

Australia's Evidence Act 1995 and s138's Impact

consequence of an impropriety or of a contravention of an Australian law; is not to be admitted unless the desirability of admitt...