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Explain passive personality principle
passive personality principle states that jurisdiction may be exercised in respect of events occurring outside a State's own territory when these events harm/target the nationals of any state. Even though the jurisdiction rules and principles are identified, still there are some complexities regarding it as afore-mentioned. The civil and criminal jurisdiction does pose problems and even though the ingredients of criminal are defined but they still create ambiguities in certain matters. A lot more needs to be done both at domestic as well as international level so as to ensure a more comprehensive regime to deal with offences in a way that does not only hold the offender responsible but must also encompass some mechanism to deter its recurrence.
Explain the controversial mode of acquisition - accession The ontroversial mode of acquisition is accession . It involves the peaceful transfer of territory from one sovereig
Money Lent: According to the decision in Re: David Payne & Co Ltd (23), a person lending money to a company is not bound to enquire as to why the company requires the money. H
Contracts of Guarantee However a contract of guarantee or suretyship is such a contract through one person to answer that for the debt, such default or miscarriage of another.
Effects or Consequences of Illegality Misdemeanour Or Illegality renders a contract unenforceable. However the contract creates no rights and imposes no obligations at the pa
Suing and being Sued: Because a company is at law a different person altogether from its members it follows that a wrong to, or by, the company does not legally con
Purpose of the rule: It has been stated by various English judges that without the rule in Foss v Harbottle (i) There would be futile actions. A court order
Leases - Voidable Contracts However a lease granted to an infant is binding on him unless he repudiates it then within a reasonable time after attaining the age for eighteen.
District Magistrate's Court - Territorial Jurisdiction Further in Section 7(3) of the Act giving that 'a district magistrate's court shall have jurisdiction all through the di
International law relating to air and outer space International law relating to air and outer space is an extensive and important area. It regulates at global level and its si
Helen Brown's husband Mark was recently charged with an offence under the Welfare of the Community Act 1962 (Qld). It is likely that Helen will be called as a witness against hi
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