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Allows landlords to cease goods from the tenanted property
Distress is an ancient common law remedy which allows landlords to cease goods from the tenanted property to the value of the sum owed. Under the Laws of distress bailiffs can be instructed to enter the property and seize and hold the goods found there. The tenant will be served notice that the goods have been seized and depending upon the contents of the Lease the goods would then be sold and the monies retained by the Landlord.Distress is an effective remedy for the recovery of rent...
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Contract, Consideration, Past Consideration, Economic Duress and Subcontractors
Facts There the plaintiff was a carpenter (hereafter referred to as the subcontractor) who had agreed with the defendant (hereafter called the builder) to execute carpentry work in each of 27 flats being refurbished by the builder. The builder agreed to pay the sum of £20,000 for the work. The trial judge found an implied term that the builder would make interim payments to the subcontractor at reasonable intervals based on the work carried out to that date. The work proceeded to the stage...
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Missing Trader Intra-Community Fraud
However it cannot be said that introduction of “country of origin” system would have brought only benefits. As everything it also have some disadvantages. Main ones seem to be: Member states would no more be able to make fully independent decisions with regards to their VAT tax rate. VAT rate would have to be unified on one level across the whole common market and the only allowed variance between member states could not exceed 1-2% . Introduction of new system would, at least...
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International Law Trade
Foundations of LawInternational Business LawIn this coursework I have been asked to complete all the questions which relates to the World Trade Organisation (WTO) Agreement on Technical Barriers to Trade and also discussing briefly any disputed cases within the WTO Agreement on Technical Barriers to Trade.In order for me to support my coursework I will browse through various academic articles, journals, books and other forms of resources, which would help me to complete the coursework given.Q1...
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When referring to the judgement in Airedale NHS Trust v. Bland, Lord Scarman warned that statute law in cases involving end of life decisions could lead to inflexibility, rigidity and obsolescence. He has also expressed the view (elsewhere) that certainty in the law is an advantage and sometimes a necessity. Discuss Scarman's dilemma in relation to end of life decisions.Sometime ago Lord Scarman made some interesting and profound extra-judicial remarks regarding the right to terminate...
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Fraudulent activities in the banking word
In the banking word there are many types of fraudulent activities that take place. This paper will focus on check kiting also known as, “paper hanging”. The Federal Bureau of Investigation defines check kiting as "a scheme which artificially inflates bank account balances, in accounts that are under common control, for purposes of obtaining unauthorized use of bank funds, through the systematic exchanging or swapping of checks between these accounts, in a manner which is...
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Long Standing Tradition Of Scepticism
The debate on the traditional employment judicial values as regards the employment relationship, which is a view point for most employment lawyers, is as old as the beginning of the trade union movements. Davies, (2009). This is because most of the time, these values tend to take the sides of the employers, rather than the employees. For this reason, the both parties involved in the employment relationship require the expertise knowledge of employment lawyers in some case. Clark, in Beardwell...
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What is meant by ‘causation’ in Criminal Law
“Causation” in Criminal Law is concerned with whether the defendant’s conduct contributed sufficiently to the prohibited consequence to justify the criminal liability, which would be assessed from two aspects, namely “factual” and “legal” causation.Factual causation requires proof that the defendant’s conduct was a necessary condition of the consequence, established by proving that the consequence would not have occurred but for the...
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The cogency of the justifications
The easy will endeavour to assess the cogency of the justifications for state power put forward by John Locke in his “Two Treatises of Government”. Mainly the second Treaty emphasises on the inter-relation of property and formation of Government. Locke has provided a mixed conception of property throughout his both treaties. In his social contract theory Locke made property rights central to the formation and development of civil society and democratic governance. Locke's argument...
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Agreeing to purchase someones old cupboard
List and discuss with examples all the main elements constituting a valid contract.IntroductionIn hospitality industry, a contract is an agreement or promise made between two or more parties that the courts will enforce. In other words, it is a set of rules governing the relationship, content and validity of an agreement between two or more persons. Normally, it is related to the sale of goods, provision or services or exchange of interests or ownership. A valid contract can be considered as...
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