Special liability regime - Study guides, Revision notes & Summaries

LAW OF CONTRACT NOTES: Contract as an agreement intended to create enforceable obligations A contract is an agreement between two or more parties. The extra ingredient that distinguishes contracts from non-binding agreements is a serious intention to create legally enforceable obligations (animus contrahendi). The absence of an animus contrahendi explains why ‘gentlemen’s agreements’ are not enforceable as contracts. Legally binding agreements that are not contracts: The ...

TOPIC 5: DUTY OF CARE PROBLEMS: ECONOMIC LOSS 3- MISSTATEMENTS AND ADVICE Topic 5 Overview 1. Introduction 2. Typical Scenarios 3. Policy Concerns 4. The Modern Law 4.1 Two Party Cases –Direct Dealings (i). Origins of Liability in England- Hedley Byrne (ii). Australia- ‘The Barwick Test’ – MLA v Evatt and Tepko (iii) Unrequested Statements to the ‘World at Large’ – San Sebastian 4.2 Three Party Cases – Indirect Relationships (i) Example 1- Negligent Audit Reports (ii)...

List the credit categories - correct answer Integrative approach sustainable sites water efficiency energy and atmosphere indoor air quality location and transportation material and resources innnovation regional priority LEED's system goals are referred to as ________ - correct answer Impact Categories What are the 7 impact categories with their weights - correct answer -Weighting of the LEED v4 impact categories 35% Climate change...

TAX LAW UNIT 1 – INTRODUCTION AND INTERPRETATION The taxes levied by the Income Tax Act TYPE OF TAX LEVIED ON WHAT? NOTES Normal tax Taxable income The following types of tax withheld or paid over in respect of a taxpayer reduces the taxpayers normal tax liability: • Employees’ tax • Provisional tax • Section 35A withholding tax on the sale of immovable property in the Republic by a non-resident Donations’ tax The value of donations of property by a resident (excep...

Topic 5 Overview 1. Introduction 2. Typical Scenarios 3. Policy Concerns 4. The Modern Law 4.1 Two Party Cases –Direct Dealings (i). Origins of Liability in England- Hedley Byrne (ii). Australia- ‘The Barwick Test’ – MLA v Evatt and Tepko (iii) Unrequested Statements to the ‘World at Large’ – San Sebastian 4.2 Three Party Cases – Indirect Relationships (i) Example 1- Negligent Audit Reports (ii) Example 2- Negligent Solicitors and Disappointed Beneficiaries 5. Alterna...

Jim Russell c Hite Moral damages must be recognized as a form of extra patrimonial damage that includes all non-economic/non-patrimonial damages, such as infringement on personality rights, human rights, family rights or otherwise. In contrast to common law, these damages are not considered as supplemental to "real" damages like physical harm or loss of property, nor do they require a "functional" justification. Ouellette c Tardif • Damages must be awarded in concreto, taking acco...

PARTNERSHIPS: What is a partnership? s.1(1) Partnership Act 1890 Partnership = persons carrying on business with a view to profit. – May form a partnership irrespective of contrary intention. A partnership is formed once the definition is satisfied, not when a decision to form a partnership is made. Existence of partnerships: s.1(1) PA 1890 No formality is needed to establish a partnership so a partnership can be formed without the specific intent of the parties to form one. s.2(3) ...

What is the difference between a preamble to a rule and the staff commentary? - ANSWER-A preamble is found in the official proposed rule or final rule issued in the Federal Register. Staff Commentary is often found as an appendix or supplement to a rule, rather than in a number section. Staff commentary can help explain and show examples of the rules in plain English. What is the difference difference between a final rule and an interim final rule? - ANSWER-Final rules are issued after the co...

Contents 1 Shareholders and Company Meetings.......................................................................................................................2 2 Directors, Board Committees and the Company Secretary........................................................................................6 3 Duties of Directors...................................................................................................................................................13 4 Capacity and ...

Nuremberg Code (1947) A research ethics code that arose in response to the Nazis' inhumane experimentation (nuremberg trials) - holocaust, racial hygiene / eugenics / master race. The Nuremberg Code - 10 points 1. voluntary 2. necessary for results 3. logical design and results 4. avoid unnecessary harm 5. cannot result in death or disablement 6. risk assessment 7. protect subjects against harm 8. qualified investigators 9. right to withdrawal 10. right to end trial if needed ...