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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.
Unsecured trade creditors: It refers to a "class" of members or of creditors. Obviously if two or more companies are involved or if one company has two classes of shares, eg.
Law and Morality: Since morality contain of prescriptions of the society and is not enforceable, hence rules of law are enforceable. However wrongs in society are contraventi
What must the claimant show to succeed? The claimant should show the given issues, for a case to succeed: a. There was a duty of care. b. There was breach of such duty.
Wishes of members of parliament -Disadvantages law: However acts of Parliament do not reflect the wishes of the people as voters although the wishes of the individuals that wh
Determine about the Principal-agent theories Wwhich concentrate especially on the problems of asymmetric information among the parties to a contract: the impossibility to perfe
Ejusdem generis rule: Therefore this rule states whereas simple words in an Act obeyed particular words, the general words are to be made as being limited to the persons or th
Exceptions: The rule in Turquand's case will not apply if: i.The person suing the company is in fact an insider, such as a director of the company: Howard v Patent Ivory
What is the European law? European law: Designed to make a single market for European member states to trade freely all along with each but has as moved onto a closer tie
Explain the sovereign of state immunity Immunity relates to the sovereign of state immunity and act of state doctrine. This is the most complicated immunity available and relat
Brokerage: Brokerage is a payment made by a company to a broker, or brokers, in consideration for "placing" the company's shares. It differs from underwriting commission in th
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