contents : ways and consequences of dissolving a partnership
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Check out these study notes which I found online and which I think will be very useful to you. I have made hard copies which I will give to you at the next lecture.
Contract Law - Question given by lecturer and my answer.Maliza Eza
Mary promised to give her brothers RM500 monthly on the condition that their mother transfer some land to her. Their mother agreed and transferred the land to Mary. Mary however failed to fulfill her promise and her brothers sued her on the promise. Advise Mary.
contents : ways and consequences of dissolving a partnership
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Check out these study notes which I found online and which I think will be very useful to you. I have made hard copies which I will give to you at the next lecture.
Contract Law - Question given by lecturer and my answer.Maliza Eza
Mary promised to give her brothers RM500 monthly on the condition that their mother transfer some land to her. Their mother agreed and transferred the land to Mary. Mary however failed to fulfill her promise and her brothers sued her on the promise. Advise Mary.
‘Remoteness’ refers to the test of causation that is used to determine the loss caused by a breach of contract. It limits the ability of the plaintiff to recover damages to not too remote losses
DISCLAIMER:
this note is merely for revision purposes.
any defects of facts will be not amount to any liabilities
one of the statutory provision
based on Malaysian Legal System
‘Remoteness’ refers to the test of causation that is used to determine the loss caused by a breach of contract. It limits the ability of the plaintiff to recover damages to not too remote losses
DISCLAIMER:
this note is merely for revision purposes.
any defects of facts will be not amount to any liabilities
one of the statutory provision
based on Malaysian Legal System
In trust, estate & probate litigation, undue influence can be a critical factor in deciding the outcome of a case. Here in California, undue influence is defined by four key criteria: elder vulnerability, a wrongdoer's apparent authority, the wrongdoer's actions or tactics, and the unfairness of the result. Infographic by Hackard Law.
Vitiating Elements in Formation of Contract: Coercion, Fraud and Undue Influe...Preeti Sikder
After completion of this lesson students will be able to:
- define free consent and identify elements of coercion
- define fraud and identify its elements
- define undue influence and identify its elements
Learning Outcome:
After completion of the lesson students will be able to -
a) comprehend the nature of misrepresentation in contracts
b) distinguish between representation and promise
c) describe the elements of misrepresentation
d) describe the elements of fraud
e) distinguish between misrepresentation and fraud
#documentarycreditsar are independent of the underlying legal relationship: when #banks are to determine whether the documents presented are in conformity with the credit, they can only base their decision on the #credit itself and the documents presented. Whe combined, these factors give scope for #fraud and for presenting #forged documents. The possibility of misusing the credit instrument does indeed exist and it is beyond any doubt that #credits are misused, primarily where #banks find documents containing incorrect information. The occurrence of actual #fraud is fortunately quite rare #UCP600 does not contain any article about #fraud and #forgery, nor it refers to any #rule to be applied when fraud or forgery is detected, nor did the previous versions contain any provision on the subject.
To make a contract valid, not only consent is necessary, even it should also be free. In law of contract consent is said to be free if it is not caused by any of the following: -
Coercion
Undue influence
Fraud
Misrepresentation
Mistake
There is a distinction in between consent and free consent. If consent is affect or taken by one of the above express elements than it will be not deemed as free consent.
Similar to Lecture 14 undue influence - notes (20)
The Art Pastor's Guide to Sabbath | Steve ThomasonSteve Thomason
What is the purpose of the Sabbath Law in the Torah. It is interesting to compare how the context of the law shifts from Exodus to Deuteronomy. Who gets to rest, and why?
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
The Indian economy is classified into different sectors to simplify the analysis and understanding of economic activities. For Class 10, it's essential to grasp the sectors of the Indian economy, understand their characteristics, and recognize their importance. This guide will provide detailed notes on the Sectors of the Indian Economy Class 10, using specific long-tail keywords to enhance comprehension.
For more information, visit-www.vavaclasses.com
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
1. UNDUE INFLUENCE
Undue Influence In Equity
"Equity gives relief on the ground of undue influence where an agreement has been obtained by
certain kinds of improper pressure which were thought not to amount to duress at common law
because no element of violence to the person was involved" (GH Treitel, The Law of Contract).
A person who has been induced to enter into a transaction (eg, a gift, contract or guarantee) by
the undue influence of another (the wrongdoer) is entitled to set that transaction aside as against
the wrongdoer. The effect of undue influence, like duress, is to make the contract voidable.
Class 1: Actual Undue Influence
In these cases it is necessary for the claimant to prove affirmatively that the wrongdoer exerted
undue influence on the complainant to enter into the particular transaction which is impugned. For
example, see: Williams v Bailey (1866) LR 1 HL 200.
Undue influence was described by Lindley LJ in Allcard v Skinner (1887) 36 Ch D 145, as "…
some unfair and improper conduct, some coercion from outside, some overreaching, some form of
cheating and generally, though not always, some personal advantage gained."
Class 2: Presumed Undue Influence
In these cases the complainant only has to show, in the first instance, that there was a relationship of
trust and confidence between the complainant and the wrongdoer of such a nature that it is fair to
presume that the wrongdoer abused that relationship in procuring the complainant to enter the
impugned transaction.
In class 2 cases therefore, there is no need to produce evidence that actual undue influence was
exerted in relation to the particular transaction impugned: once a confidential relationship has been
proved, the burden then shifts to the wrongdoer to prove that the complainant entered into the
impugned transaction freely, for example by showing that the complainant had independent advice.
Such a confidential relationship can be established in two ways:
Class 2a
Certain relationships as a matter of law raise the presumption that undue influence has been
exercised.
The relationships where undue influence is presumed have been held to be:
Page 1 of 3
2. i. parent & child (Wright v Vanderplank (1855));
ii. solicitor & client (Wright v Carter (1903));
iii. doctor & patient (Mitchell v Homfray (1881));
iv. trustee & beneficiary (Ellis v Barker (1871)); and
v. religious adviser & disciple (Roche v Sherrington (1982)).
Allcard v Skinner (1887) 36 Ch D 145.
The relationship of husband and wife does not, as a matter of law, raise a presumption of undue
influence within class 2A (Midland Bank v Shepherd (1988)). Nor does the rule apply between
employer and employee (Matthew v Bobbins (1980)).
Class 2b
If the complainant proves the existence of a relationship under which the complainant generally
reposed trust and confidence in the wrongdoer, the existence of such relationship raises the
presumption of undue influence.
In a class 2B case therefore, in the absence of evidence disproving undue influence, the complainant
will succeed in setting aside the impugned transaction merely by proof that the complainant reposed
trust and confidence in the wrongdoer without having to prove that the wrongdoer exerted actual
undue influence or otherwise abused such trust and confidence in relation to the particular
transaction impugned.
The relation of banker and customer will not normally give rise to a presumption of undue
influence, but it can do so in exceptional cases if the customer has placed himself entirely in the
hands of the bank and has not been given any opportunity to seek independent advice.
Manifest Disadvantage
With both of the above presumptions (class 2A and 2B), the transaction must be to the 'manifest
disadvantage' of the party claiming undue influence.
BCCI v Aboody [1989] 1 QB 923
Page 2 of 3
3. Undue Influence And Third Parties
Undue influence is now regularly invoked by wife-sureties where their relationship with the bank-
creditor is manipulated when the debtor-husband acts as intermediary. For example, a husband
persuading his wife to guarantee his company's overdraft with a bank, using the matrimonial home,
of which she is joint owner, as security for the debt. In such situations the creditor may be 'tainted'
by the undue influence of the intermediary. If a bank entrusts certain duties to a debtor-husband
who, as intermediary, is capable of exerting some influence over his wife, the position is as follows:
1. If the transaction is one which is (a) on its face not to the financial advantage of the party
seeking to set it aside, and (b) if there is a substantial risk of its having been obtained by
undue influence, then the third party will have constructive notice of undue influence giving
the right to set aside the transaction. The creditor must take reasonable steps to ensure that
the wife's consent was properly obtained.
2. However, if the transaction is not of this kind, but is on its face capable of benefiting the
party who seeks to set it aside, the third party will not have constructive notice of any undue
influence which may in fact have existed.
Note the opinion of the Court of Appeal in:
Barclays Bank v Coleman (2000) The Times LR, January 5
Severance
It may be possible for the court to sever from an instrument affected by undue influence the
objectionable parts leaving the part uncontaminated by undue influence enforceable. See:
Barclays Bank v Caplan and Another (1997) The Times, December 12.
Damages
Damages are not available for undue influence, but if a bank has broken a duty of care to a wife-
surety damages may be available in negligence under Hedley Byrne v Heller (1964).
Page 3 of 3