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Presumptions:
Therefore in their attempt to construe statutes that courts of law are guided through the subsequent assumptions or presumptions.;
(a) That the statute was not intended to change or alter or modify the common law.
(b) That the statute was not intended to affect or distress the crown.
(c) That the statute was not intended to interfere with vested rights of individual.
(d) That the statute was not intended to impose liability without fault.
(e) That the statute was not intended to have extra-territorial effect.
(f) That the statute was not intended to be inconsistent with international law.
(g) that an accused person is presumed innocent until proven or has pleaded guilty.
Main advantages - mergers and winding up: A scheme of arrangement under s.207 offers three main advantages: (a) it can be used in circumstances to which s.210 and s.280
Insanity and Rejection - Termination of an Offer Insanity Furthermore the unsoundness of mind about either party before acceptance terminates the offer. Hence the offe
Declaration and Payment: There is no provision in the Act dealing with payment of dividends. It is therefore governed by the provisions of the company's articles, failing whic
CASE LAW: The aforesaid statutory provisions for the protection of minorities have been supplemented by judicial intervention in a variety of cases which are generally expl
Determine about the Opportunistic policy cycle We now turn back once again to study the behaviour of the decision maker who, ultimately wants to return to the office in future.
Directors' Remuneration: For technical reasons the directors are not regarded as servants or employees of the company of that they are directors. Therefore here they have no
Effect of Ultra Vires Transaction: An ultra vires transaction with a company may result in: a) a transfer of specific property to the company, or b) money being lent to
QUESTION 1 Discuss the position in UK with respect to the Capital Maintenance Doctrine. QUESTION 2 (i) What are the essential requirements of a valid Asset Protection T
Commercial Law Alice is an 80 year old, illiterate, and suffering from Alzheimer’s disease (a disease affecting short-term memory). Will is a social worker employed by the loc
PROXIES - meetings and resolutions: By S.136(1), any member of a company entitled to attend and vote at a meeting of the company shall be entitled to appoint one more person (
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