...http://ogekazacharia.blogspot.co.uk/2015/01/notes-on-delay-defeats-equity-equity.html Limitations Act Delay defeats equity: Laches is an unreasonable delay in enforcing a right. If there is an unreasonable delay in bringing proceedings the case may be disallowed in equity. Acquiescence is where one party breaches another's rights and that party doesn't take an action against them they may not be allowed to pursue this claim at a later stage. These may be used as defences in relation to equity cases. For a defence of laches courts must decide whether the plaintiff has delayed unreasonably in bringing forth their claim and the defence of acquiescence can be used if the actions of the defendant suggest that they are not going ahead with the claim so it is reasonable for the other party to assume that there is no claim. (Nelson v Rye 1996) http://www.lawteacher.net/free-law-essays/property-trusts/the-law-of-equity.php 1= MEANING : If one sleeps upon his rights, his rights will slip away from him and therefore, the maxim has been expressed in a rather different form, shouting to the passive, otiose and slothful that : ” equity aids the vigilant and not the indolent. ” Smith vs Clay (1767) ” a court of equity has always refused its aid to stale demands, where a party has slept upon his right and acquiesced for a great length of time. ” 2= Proviso : This maxim applies only when a claim is made to equitable relief. ( Clark and chapman vs hart 1858) ...
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...Medical Malpractice Statute of Limitations In this assignment we will cover the statute of limitations that govern medical malpractice. We will do such by identifying the statute of limitations placed on medical malpractice by Alabama and Massachusetts. We will discuss some of the similarities and differences between the two. The State of Alabama has very specific rules when it comes to the statute of limitations they impose on medical malpractice. In Alabama all actions against health-care providers must be filed within two years after the date of the injury occurred, or within six months of the date the injury was, or should have been, discovered. In no event may a suit be filed more than four years after the date of the act giving rise to the injury occurred. This limitations period applies to minors over four years of age. However, in the case of a minor under four years of age, that minor has until his or her eighth birthday to file a medical malpractice action In Massachusetts there are also certain statutes of limitations for medical malpractice that must be considered if filing a malpractice suit. All medical malpractice actions must be filed within seven years after the date of the act or omission giving rise to the injury with the exception of actiosn for a foreign object being left inside the body, in which case the limitations period begins to run when the plaintiff discovers or should have discovered the presence of the foreign object. For medical malpractice...
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...The Financial Accounting Standards Board, the guideline making association for sound accounting standards, has issued two guidelines influencing the charitable part. These models will have the most noteworthy effect on philanthropies in more than 20 years. The two guidelines are Financial Accounting Standard No. 116, managing commitments made & got, & Financial Accounting Standard No. 117, managing monetary articulation group. Agreeability with both models is needed for a considerable length of time completion December 31, 1995 & past, with a discretionary one year delay for little associations which are those with yearly consumptions under $1000000 & aggregate possessions short of what $5000000. The effect of FAS 116 & 117 is extensive to the point that all levels of operations at a charitable will be influenced - not only the bookkeeping office. For instance, advancement officers will need to know the accurate terms of commitments keeping in mind the end goal to accurately record them under the new norms, lawful help may be required to focus the best possible treatment for blessing trust additions & misfortunes, & machine support may be obliged to suit the new reporting prerequisites. The accompanying is an outline of the two new gauges. FAS 117 on Financial Statement Display:- A set of monetary proclamations ought to incorporate an accounting report, articulation of action, proclamation of money streams &, for intentional wellbeing & welfare...
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...Limitations and constraints of marketing In this task I will be explaining the laws that focus on protecting the customers when they are buying a product or service from things such as fraud and identity theft. There are several limitations and constraints in the consumer law that help the customers understand their legal rights and they protect them. Laws are constantly changing to ensure that businesses do not take advantage of their consumers. Sales of goods act 1979 This law states that; the goods must be fit for purpose, which means that for everyday purpose, and also for for any specific purpose that can be agreed with the seller at the time of purchase. The goods must also match any sample or images that are visible to the consumers, such as in brochures and leaflets also the description of the product must match the product. The goods that you buy must be in perfect working condition. An example of where the act has been broken could be; A seller who was a specialist in contemporary art and they offered a paining and this individual claimed it to be by the artist who was German. The buyer makes it clear that he was not an expert on German paintings; although the seller should examine the painting himself before putting the painting up for sale. The buyer brought the painting which later on turned out to be forgery which is in fact illegal. The court of appeal held that he could not cover his purchase price from the seller since he had not relied on...
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...Trust Equity & Fiduciary Relationship DELAY DEFEATS EQUITY Vigilantibus non dormientibus aequitas subvenit INDEX OF AUTHORITY BIBLIOGRAPHY * Equity, Trusts and Specific Relief, B.M. Gandhi, 4th Edition, 2007 * Snell’s Principles of Equity, p. 33 * Frunk and Wagnalls Standard Hand Book. Fernald J.C, 1973 * Black’s Law Dictionary, 9th Edition, 2009 INDEX OF CASES * Allcard v Skinner (1887) 36 Ch D 145 * Lindsay Petroleum Co. v Hurd (1874) LR 5 PC * Nwakobi v Nzekwu 1964 WLR 1019 * Poole Corporation v. Moody, 1945 KB 250 * Smith v Clay 28 U.S. (3 Pet.) 411 * Ramsden v Dyson 1866) LR 1 HL 129 * Willmot v Barber (1880) 15 Ch D 96 * Prince of Wales v Collom (1916) 2 KB 193 * Forbes v Rall AIR 1925 PC 146 * Jadunath v Chandra Bhushan (1858) 6 HL Cas 633 * Union of India v Kishorilal Bablani (1999( 1 SCC 48 * Chatrabhuj v Mansukhram AIR 1925 Bom 183 * DDA v Ravindra Mohan Aggarwal (1999) 3 SCC 172 * Thakur Bai v Laxmi Chand AIR 1990 Del 223 * Mahadav v Kalekar v State Bank of Hyderabad (1990) 4 SCC 174 * Gauri Shankar Gaur v State of UP (1994) 1 SCC 92 * Ratan Chandra v Union of India 1993 Supp 4 SCC 67 * Krishna Dev v Ram Piari AIR 1964 HP 34 * Raghavan Nair v State AIR 1956 Trav. Co 77 * Tannu Singh v State of UP AIR 1992 NOC 9 * P.K. Ramchandran v State of Kerala (1997) 7 SCC 556 * Pallav Sheth v Custodian (2001) 7 SCC 549 * Tilokchand Motichand...
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...0.5% the amount owed would be $7,866.60 {$5,619 + $2247.60 (5,619*0.05*8)} or could be up to a maximum of $16,857 {$5,619 + $11,238 (5,619*0.25*8)}. Also the IRS could impose an interest charge per day of 3%, as of the last interest table (interest change every 3 month). As for problem 1-47 the IRS can audit Dan tax return but they have to meet certain criteria. The IRS has a 3 year statute of limitation but there are 3 exceptions to that limitation: * The IRS has six years from the date a return is filed to audit a tax return and to assess additional tax if the taxpayer omits income that amounts to more than 25% of income that was reported on the tax return. * The IRS also has six years to audit a tax return and assess additional tax on income related to undisclosed foreign financial assets if the omitted income is more than $5,000. * The statute of limitations on audits and assessing additional tax remains open indefinitely if the taxpayer files a false or fraudulent tax return. Therefore the IRS can audit Dan 2010 tax return because it falls within the 3 year limitation. The IRS can also audit Dan 2008 because he failed to report $40,00 of income and that is more than 25% of his income in 2008( income of $60000*.25= $15,000) as for the 2003 tax return...
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...record The Disadvantages of an ADR • An ADR may not be suitable for everyone • If the ADR process is binding, the parties normally give up most court protections, including a decision by a judge or jury under formal rules of evidence and procedure, and review for legal error by an appellate court. • ADR may not be effective if it takes place before the parties have sufficient information to resolve the dispute. • The neutral may charge a fee for his or her services. If the dispute is not resolved through ADR, the parties may then have to face the usual and traditional costs, such as attorney's fees and expert fees. • Lawsuits must be brought within specified periods of time, known as Statutes of Limitations. Parties must be careful not to let a Statute of Limitation run while a dispute is in an ADR process...
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...Retention of HR records Revised July 2015 What are HR records? HR records include a wide range of data relating to individuals working in an organisation, for example, pay or absence levels, hours worked and trade union agreements. This information may be stored in a variety of media such as paper files and, increasingly, on computer databases. It is important for all organisations to maintain effective systems for storing HR data, both to ensure compliance with all relevant legislation (for example in respect of the minimum wage or working time regulations) as well to support sound personnel administration and broader HR strategy. Our factsheet on human capital has more details of how employee information can help identify the sort of HR or management interventions which will drive business performance. However, as detailed below, in the UK a complex regulatory regime governs the length of time for which HR records should be stored. The legal position Legislation There is a substantial and complex amount of legislation in the EU and UK that has an impact upon the retention of personnel and other related records in those regions. Examples of legislation dealing with particular categories of records are provided in the boxes below. Access, storage, format and destruction The Data Protection Act 1998 (DPA) applies to most personnel records, whether held in paper, microform, or computerised format. Under the DPA data must not be kept any longer than is necessary for...
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...Kaplan University Statute to the Samantha Smith Slip and Fall Case Donna Barnes PA201-06 Statute: Ind. Code Ann. § 34-51-2-7 (West 2013). The statute states that action based on fault against a defendant or defendants maybe treated as a single party. It also states that the jury is to determine the percentage of fault the claimant, of the defendant of any non-party. If the percentage of fault to the claimant is greater than fifty percent of the total fault involved in the incident that caused the injury the jury shall return a verdict for the defendant. If the percentage of fault of the claimant is not greater than fifty percent of the total, the jury shall determine the total amount of damages the claimant would be entitled to recover if contributory fault were disregarded. The jury then multiples the percentage of fault of the defendant by the amount damages determined and then enters a verdict for the claimant in the amount of the product of that multiplication. Statement of Fact: Samantha filed a complaint in trial court alleging negligence on the part of the store and is seeking damages for injuries that she suffered from the fall. The store is saying that Samantha is just as much at fault as they are. The store claims that Samantha wasn’t paying attention to where she was walking and should have been able to avoid the fall. The store also claims that Samantha was distracted by her young son. Question presented: Is Samantha just as much at fault as...
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...1. CITATION OF THE CASE Name: Tan Peng Quee v Shirley Kathreyn Yap. Feb. 22, 2012. C J Siew (S Y Chew with him) (Douglas Yee) Page 314 2. FACTS OF THE CASE The salient facts of the plaintiffs claim, as set out in her written submission is as follows: (a) The plaintiff went into a partnership named Eres Tu No. 2 Stable CET2") with two other partners namely a horse trainer named Malcolm and the defendant, who was Malcolm's nominee. This partnership was registered with the Malayan Racing Association ("MRA") which is the controlling body of Horse Racing in the Turf Clubs in Malaysia and Singapore; (b) The defendant was registered as the manager of ET2 with MRA and in such capacity; she received winnings won by ET2 horses during the period of 1994-2003; (c) Over the years, the plaintiff on a few occasions received from the defendant his 1/3 share of horses' winnings; (d) The partnership was dissolved in 2005. However, it was only sometime in 2009 that the plaintiff learnt from Malcolm that Malcolm had just found out that the defendant had collected about RM1,782,965.00 and that she had fraudulently concealed the truth of the matter and converted to her use all winnings received by her on trust for all the partners and which she had retained without accounting to all the partners; The defendant contends as follows: (i) The date of commencement of the plaintiff's cause of action must be the dates on which the plaintiff alleged that the defendant had failed to account and in...
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...Detrimental Reliance Detrimental Reliance occurs when someone takes action or fails to take action because of what appeared to be a promise made by another individual, without knowing if true or untrue. It is very similar to Promissory Estoppel in that the other party is "estopped" or legally prevented from denying liability, even though no formal contract was formed, because of its promise. An estoppel by representation [of fact] will arise between A and B if the following elements are made out. First, A makes a false representation of fact to B or to a group of which B was a member. [It is not necessary to demonstrate A knew that the representation was untrue.] Second, in making the representation, A intended or [in the alternatively,] knew that it was likely to be acted upon. Third, B, believing the representation, acts to its detriment in reliance on the representation. [It must have been reasonable to rely on the representation.] Fourth, A subsequently seeks to deny the truth of the representation. Fifth, no defense to the estoppel can be raised by A. (The Law of Waiver, Variation and Estoppel) Section 90 of the Restatement (Second) of the Law of Contracts reads, “Promise Reasonably Inducing Action or Forbearance: A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise...
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...The "Business Discussions" section's Question 1 on Page 117 How does discovery work? During discovery both the plaintiff and the defendant are called on to produce facts that are impertinent to the case. The lest expensive way to do this is through interrogatories in which the opposing party is given a series of questions to answer to the best of their knowledge. A more expensive way is when witnesses to the case are called in for a deposition and asked question to which that have to answer orally. Also, either party may ask for particular documents to be produced such as, warranties, contracts, receipts, etc., called request for production of documents. After one or all of these methods are used one of the parties may have a request for an admission to eliminate certain issues in the dispute and possibly come to an agreement that will avoid the case going to court. Can you be required to testify twice in a deposition and at trial? Yes a person can be required to testify twice in a deposition and at trial as long as the testimony they are given is not a repeat of what was already offered. Should you shred all documents you have a bout the case? You know that some of the documents will not put the firm in the best light. No, you should never shred any evidence. You should offer up any documents that is relevant to the case. You wonder what will happen at trial. Will it be like what you have seen on TV or in the movies? Real life court will be nothing...
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...Do you think there should be term limitations for every elected government official? Well, as we all know one person’s opinion may be different from another person’s opinion. My opinion is that I think term limitations are a good thing, but it also can be a bad thing. Keep reading to find out the reasons that support my opinion. A term limit is a legal restriction that limits the number of terms an officeholder may serve in a particular elected office. When term limits are found in presidential and semi-presidential systems they act as a method to curb the potential for monopoly, where a leader effectively becomes "president for life". Sometimes, there is an absolute limit on the number of terms an officeholder can serve, while, in other cases, the restrictions are merely on the number of consecutive terms. The reasons why term limitations is a bad idea is because, it limits the choices of people the public has to vote for. If you have a really good public servant and you want to keep him, you can't. You have to get rid of the good candidate and replace him with someone who's inexperienced. By having term limits, we are eliminating the people who have wisdom and experience from political life. Like any job, it takes years to be good at what you do. About the time our elected officials have become good public servants, we're required to throw them out. The reasons why term limitations is a good thing is because, term limits ensure that politicians do not become corrupted...
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...The Limitations of Science Mankind has never devised a better tool for solving the mysteries of the universe than science. However, there are some kinds of questions for which scientific problem solving is unsuited. In other words, science has limitations. There are three primary areas for which science can't help us answer our questions. All of these have the same problem: The questions they present don't have testable answers. Since testability is so vital to the scientific process, these questions simply fall outside the venue of science. The three areas of limitation are * Science can't answer questions about value. For example, there is no scientific answer to the questions, "Which of these flowers is prettier?" or "which smells worse, a skunk or a skunk cabbage?" And of course, there's the more obvious example, "Which is more valuable, one ounce of gold or one ounce of steel?" Our culture places value on the element gold, but if what you need is something to build a skyscraper with, gold, a very soft metal, is pretty useless. So there's no way to scientifically determine value. * Science can't answer questions of morality. The problem of deciding good and bad, right and wrong, is outside the determination of science. This is why expert scientific witnesses can never help us solve the dispute over abortion: all a scientist can tell you is what is going on as a fetus develops; the question of whether it is right or wrong to terminate those events is determined...
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...Introductions Peter Drucker, the management guru said and I quote “The truly revolutionary impact of the Internet Revolution is just beginning to be felt. But it is not information that fuels this impact. It is not the effect of computers and data processing on decision making. It is something that practically no one foresaw or, indeed even talked about 10 or 15 years ago; e-commerce – that is, the explosive emergence of the internet as a major, perhaps eventually the major, worldwide distribution channel of goods, for services, and, surprisingly or managerial and professional jobs. But the impact may be even greater on societies and politics, and above all, on the way we see the world and ourselves in it” (Drucker, 2002) Electronic commerce (EC) is the process of buying, selling, transferring, or exchanging products, services, and/or information via computer networks, including the internet. However, Mobile commerce also known as mobile business includes any business activity conducted over a wireless telecommunication networks. Mobile commerce comprises of B2C and B2B commercial transactions as well as the transfer of information and services via wireless mobile devices. Mobile commerce is a natural extension of e-commerce. The mobile device provides an easy way to deliver new services to existing customers and to attract new customers. The advantage of using mobile devices to carry out transaction cannot be over emphasized. This has to do with the mobile penetration rate all...
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