1. What decision/action/subordinate legislation do you wish to challenge? 2. Statutory interpretation a. Guiding principle/literal approach: ordinary/natural meaning b. Purposive: “interpretation that would best achieve the purpose or object of the Act” (s 15AA AIA) i. Extrinsic materials 3. More information? c. Seek reasons ii. ADJR s 13, 13A; AATA s 28; Migration Act s 430; AIA s 25D; L&B Linings d. FOI Application 4. Is internal
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QUESTION “There must be somebody in whose favour the court can decree performance” Discuss the principle enunciated in the above statement and the exceptions thereof with the aid of appropriate case law “There must be somebody in whose favour the court can decree performance” INTRODUCTION In order for a trust to be valid, there needs to be an identifiable beneficiary who can either be an individual or a company . If for instance there is no beneficiary, and consequently
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• Defamation • Specific Tort • Tort of defamation protects reputation • Definition - Defamation Winfield: “publication of statement which tends to lower a person in the estimation of right thinking members of society generally or which makes them shun or avoid that person” • Right to reputation – if effected by means of words spoken or written is actionable as civil as well as criminal wrong • Dixon v Holden 1869 • A man’s reputation is his property and if possible
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and pain. Happiness, according to Bentham, is thus a matter of experiencing pleasure and lack of pain. Objective Value: Pain & Pleasure and Moral Naturalism For Bentham, morals can be described naturally and scientifically rather than as any duties imposed by a god, but such a description requires an account of human nature. Just as Bentham thinks nature is explained through reference to the laws of physics, and not through appeal to any religious ideas, so human behaviour can be explained by
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Introduction Human rights are rights that are entitled to every individual regardless of nationality and citizenship as it is inherent, inalienable, and universal. The presence of basic human rights are vital in upholding a civilized society. The idea of having individual rights and freedom is not a new concept in Britain, in fact it has very deep roots. History shows landmark advancements such as Magna Carta 1215, Habeas Corpus Act 1679, and Bill of Rights and Claim of Rights 1689 all had important
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Formalities – Perfect/Imperfect Trust Introduction The question in this case refers to the creation of a trust, i.e. the formalities that are required. In the case of Serena, she has created a trust that holds the property in trust for Alice for life and then the remainder goes to Alice’s children. On the death of Serena, there is a valid will where Alice gets all of the property and there is no interest for Alice’s children. Therefore, the following advice is going to identify a trust is in
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the U.S. Copyright Office. However, if a work does have a notice, then an infringer can not claim a "defense based on innocent infringement in mitigation of actual or statutory damages". And if a work is registered, then: (1)The registration is prima facie evidence of the validity of the copyright in litigation for copyright infringement. (2)The author may file suit for infringement of the copyright. (3) The author may seek an award of statutory damages between $ 750 and $30,000. If the infringement
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law tests - put simply: the control; integration; mutuality of obligations - and multiple test. Employers have four non-delegable duties[2] to: employ competent staff; provide a safe place of work; adequate equipment and a safe system of work. Subsequently, it needs determining whether the accident happened during employment and whether the employer breached his duties. Vicarious liability is strict, determined according to the existence of a relationship of employment between defendant and tortfeasor
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1. Suppose that you had been one of the MBA applicants who stumbled across an opportunity to learn your results early. What would you have done, and why? Would you have considered it a moral decision? If so, on what basis would you have made it? If I were in the same situation as the other applicants, I definitely would have checked my status. Getting into Harvard is probably one of the biggest accomplishments one can make in their professional career before completing business school. Upon graduation
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Negligence: The Basic Principles of Duty of Care The arrangement of this and subsequent chapters Negligence is a large and amorphous subject, and all parts of the law on it are interlocking. It is often difficult to understand one part without having studied the whole, and therefore in arranging the material I have decided to set out the basic principles first, leaving the more sophisticated developments until later. Accordingly the next three chapters on duty, standard of care, causation and remoteness
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