Anti-Bribery Legislation in the United States and United Kingdom: A Comparative
... Generally, companies encounter FCPA-related issues in various circumstances. Some acquire them through the acquisition of a company with unknown bribery practices.13 Others do so through their foreign subsidiaries, which, in addition to being managed by foreigners in a different culture, do business ...
... Generally, companies encounter FCPA-related issues in various circumstances. Some acquire them through the acquisition of a company with unknown bribery practices.13 Others do so through their foreign subsidiaries, which, in addition to being managed by foreigners in a different culture, do business ...
Family Law - Outline Sumo
... Competent wife had epilepsy & diabetes but stopped medication for religious reasons; husband does not give insulin & she dies. Court looks to sister states & finds breach of duty of care or protection when other spouse is helpless & unable to request or reject aid for herself, but there are limits t ...
... Competent wife had epilepsy & diabetes but stopped medication for religious reasons; husband does not give insulin & she dies. Court looks to sister states & finds breach of duty of care or protection when other spouse is helpless & unable to request or reject aid for herself, but there are limits t ...
revision question bank - Becker Professional Education
... It is self-executing and applies to all member states at once It would require further legislation to be passed before becoming law It would become law automatically after a certain period of time ...
... It is self-executing and applies to all member states at once It would require further legislation to be passed before becoming law It would become law automatically after a certain period of time ...
Law Firm Partners as Their Brothers` Keepers
... any perceived distinction between law firm partners’ supervisory duties as “ethical” rather than “legal.”41 For that matter, ethics rules derive from lawyers’ common law duties,42 and the two generally are quite similar.43 Law firm partners’ duty to supervise their peers, or to take reasonable measu ...
... any perceived distinction between law firm partners’ supervisory duties as “ethical” rather than “legal.”41 For that matter, ethics rules derive from lawyers’ common law duties,42 and the two generally are quite similar.43 Law firm partners’ duty to supervise their peers, or to take reasonable measu ...
reorganizing with Value but Without Profit (or Equity)
... claim objected to the plan, arguing that the absolute priority rule barred the retention of membership interests in the nonprofit considering the proposed return to unsecured creditors.32 In ruling in favor of the judgment creditor, the court first noted that the nonprofit debtor was required “to pr ...
... claim objected to the plan, arguing that the absolute priority rule barred the retention of membership interests in the nonprofit considering the proposed return to unsecured creditors.32 In ruling in favor of the judgment creditor, the court first noted that the nonprofit debtor was required “to pr ...
The Insurance Condition Subsequent
... exist in the instance where the parties insert a provision that "the fulfillment of a condition or the occurrence of an event shall discharge them both from further liabilities under the contract."'" The equivocal nature of this phraseology is evident, and such a definition, just as in the case of c ...
... exist in the instance where the parties insert a provision that "the fulfillment of a condition or the occurrence of an event shall discharge them both from further liabilities under the contract."'" The equivocal nature of this phraseology is evident, and such a definition, just as in the case of c ...
Consumer Protection: Article Two of the UCC
... Jackson19 may extend beyond the aspects of judicial action as state action therein involved. Without going so far as to identify consumer protection with constitutional rights, the fundamental fairness of not enforcing unconscionable contracts, or particular provisions, the above is certainly'not fo ...
... Jackson19 may extend beyond the aspects of judicial action as state action therein involved. Without going so far as to identify consumer protection with constitutional rights, the fundamental fairness of not enforcing unconscionable contracts, or particular provisions, the above is certainly'not fo ...
443-Creditors_Remedies-Edinger
... ____________________________________________________________________________________ II. REGULATION OF PARTICULAR TRANSACTIONS - Any regulation of individual transactions triggers application of Part II of the BC Business Practices and Consumers Protection Act - It deals with deceptive acts/practice ...
... ____________________________________________________________________________________ II. REGULATION OF PARTICULAR TRANSACTIONS - Any regulation of individual transactions triggers application of Part II of the BC Business Practices and Consumers Protection Act - It deals with deceptive acts/practice ...
Good Faith and Fair Dealing as an Underenforced Legal Norm
... more receptive to good faith claims in some areas than in oth34 ers. This kind of doctrinal elaboration would not provide a replacement for the norm of good faith and fair dealing, any more than “tiers of scrutiny” in constitutional law replace the constitutional norm of equal protection. Rather, we ...
... more receptive to good faith claims in some areas than in oth34 ers. This kind of doctrinal elaboration would not provide a replacement for the norm of good faith and fair dealing, any more than “tiers of scrutiny” in constitutional law replace the constitutional norm of equal protection. Rather, we ...
consumer law 2009 update
... warranty; “The deceptive act that plaintiffs allege here is that, without disclosing to Chun that the Extension could not be cancelled, BMW Manhattan placed the charge for the Extension on his service invoice, and acted as though such placement have BMW Manhattan a mechanic’s lien on the Car. Such a ...
... warranty; “The deceptive act that plaintiffs allege here is that, without disclosing to Chun that the Extension could not be cancelled, BMW Manhattan placed the charge for the Extension on his service invoice, and acted as though such placement have BMW Manhattan a mechanic’s lien on the Car. Such a ...
Newly Identified Contract Unconscionability
... ... by which judges can prevent or overturn the allowance by juries of claims [for] ... losses thought by the judges to be unjust or disproportionate." Id. at 565.); J. MURRAY, MURRAY ON CONTRACTS § 226, at 456 (2d rev. ed. 1974); Fuller & Perdue, supra note 7, at 84-88 ("[T]here is much reason to s ...
... ... by which judges can prevent or overturn the allowance by juries of claims [for] ... losses thought by the judges to be unjust or disproportionate." Id. at 565.); J. MURRAY, MURRAY ON CONTRACTS § 226, at 456 (2d rev. ed. 1974); Fuller & Perdue, supra note 7, at 84-88 ("[T]here is much reason to s ...
the divergence of contract and promise
... By claiming that contract diverges from promise, I mean that although the legal doctrines of contract associate legal obligations with morally binding promises, the contents of the legal obligations and the legal significance of their breach do not correspond to the moral obligations and the moral s ...
... By claiming that contract diverges from promise, I mean that although the legal doctrines of contract associate legal obligations with morally binding promises, the contents of the legal obligations and the legal significance of their breach do not correspond to the moral obligations and the moral s ...
Corporations I - Phi Delta Phi
... (1) Fenwick v. Unemployment Compensation Commission - No partnership established for an employee in a beauty salon because although they met the first four requirements Fenwick maintained exclusive control over the business. So although there was profit sharing, Mrs. Chesire, the employee, had no co ...
... (1) Fenwick v. Unemployment Compensation Commission - No partnership established for an employee in a beauty salon because although they met the first four requirements Fenwick maintained exclusive control over the business. So although there was profit sharing, Mrs. Chesire, the employee, had no co ...
WEB NOTES - Pearson Higher Education
... Considerations partly of justice and partly of presumable intention are to tell us whether this or that promise shall be placed in one class or in another. The simple and the uniform will call for different remedies from the multifarious and the intricate. The margin of departure within the range of ...
... Considerations partly of justice and partly of presumable intention are to tell us whether this or that promise shall be placed in one class or in another. The simple and the uniform will call for different remedies from the multifarious and the intricate. The margin of departure within the range of ...
Contract Law Through the Lens of Laissez-Faire
... See, e.g., Bowen, L.J.'s remarks in The Moorcock, 14 P. 64, 68 (1889): "I believe if one were to take all the cases, and they are many, of implied warranties or covenants in law, it will be found that in all of them the law is raising an implication from the presumed intention of the parties with th ...
... See, e.g., Bowen, L.J.'s remarks in The Moorcock, 14 P. 64, 68 (1889): "I believe if one were to take all the cases, and they are many, of implied warranties or covenants in law, it will be found that in all of them the law is raising an implication from the presumed intention of the parties with th ...
legitimacy in the international system
... there are not good arms." 5 In the international community, however, there are ample signs that rules unenforced by good arms are yet capable of obligating states and quite often even achieve habitual compliance. T h e Austinians, beginning with a defensible empirical observation about the differenc ...
... there are not good arms." 5 In the international community, however, there are ample signs that rules unenforced by good arms are yet capable of obligating states and quite often even achieve habitual compliance. T h e Austinians, beginning with a defensible empirical observation about the differenc ...
Criminal Law Outline – Fall `98
... P demanded pocketbook at a later point in time but D would not return money Holding: D won P + D acquired no property right to the pocketbook, because it was mislaid and not lost - court says pocketbook found on ground (lost) and one placed on a table (mislaid) - D has duty to keep pocketbook reason ...
... P demanded pocketbook at a later point in time but D would not return money Holding: D won P + D acquired no property right to the pocketbook, because it was mislaid and not lost - court says pocketbook found on ground (lost) and one placed on a table (mislaid) - D has duty to keep pocketbook reason ...
Section 1: Capacity to Contract: Infancy, Mental Incompetence
... factory)did not negate the Implied warranty of fitness given the inequality of bargaining power between consumer and manufacturer. As all car manufacturers use the same form contracts. If they imposed a duty to read, it might not lead to justice. The spirit of freedom on K is that consumers who have ...
... factory)did not negate the Implied warranty of fitness given the inequality of bargaining power between consumer and manufacturer. As all car manufacturers use the same form contracts. If they imposed a duty to read, it might not lead to justice. The spirit of freedom on K is that consumers who have ...
Public Policy in English and American Law
... 2.3.1. Legislative nature of the public policy rules ......................................................23 ...
... 2.3.1. Legislative nature of the public policy rules ......................................................23 ...
Introduction - ePublications@bond
... between private individuals and not with payments made pursuant to an ultra vires demand by a governmental authority, the principle enunciated in that case, in the writer's view, is wide enough to cover the ultra vires payment cases.19 These payments are clearly made under a mistake of law - if the ...
... between private individuals and not with payments made pursuant to an ultra vires demand by a governmental authority, the principle enunciated in that case, in the writer's view, is wide enough to cover the ultra vires payment cases.19 These payments are clearly made under a mistake of law - if the ...
Civil Procedure – Ides (2007) - St. Thomas More – Loyola Law School
... the arbitration clause was not enforceable Ct holds arbitration clause is enforceable and Π must first go through arbitration C. Ct-annexed alternative dispute resolution i. By statute, certain cases could require mandatory, nonbinding arbitration before a formal lawsuit is filed a. However, it is ...
... the arbitration clause was not enforceable Ct holds arbitration clause is enforceable and Π must first go through arbitration C. Ct-annexed alternative dispute resolution i. By statute, certain cases could require mandatory, nonbinding arbitration before a formal lawsuit is filed a. However, it is ...
From Enactment to Mariner: Does the Statutory Business Judgment
... appropriate balance between directors’ accountability for the exercise of due care and the promotion of legitimate risk-taking has resulted in a plethora of developments in the regulation of directors’ liability for breach of their duty of care. In 2000, the Commonwealth Parliament enacted a statuto ...
... appropriate balance between directors’ accountability for the exercise of due care and the promotion of legitimate risk-taking has resulted in a plethora of developments in the regulation of directors’ liability for breach of their duty of care. In 2000, the Commonwealth Parliament enacted a statuto ...
recent developments in delaware commercial law: important
... The dispute in this case arose from a proposed collaboration between two biodefense companies, plaintiff, PharmAthene, Inc. (“PharmAthene”), and defendant, SIGA Technologies, Inc. (“SIGA”), to develop a drug to prevent and treat smallpox. SIGA acquired the technology for the smallpox drug, ST-246, a ...
... The dispute in this case arose from a proposed collaboration between two biodefense companies, plaintiff, PharmAthene, Inc. (“PharmAthene”), and defendant, SIGA Technologies, Inc. (“SIGA”), to develop a drug to prevent and treat smallpox. SIGA acquired the technology for the smallpox drug, ST-246, a ...
woe unto you lawyers - Constitution Society
... handles these facts and a million others. The point is that legal abstractions mean nothing at all until they are brought down to earth. Once brought down to earth, once applied to physical facts, the abstractions become nothing but words – words by which lawyers describe, and justify, the things th ...
... handles these facts and a million others. The point is that legal abstractions mean nothing at all until they are brought down to earth. Once brought down to earth, once applied to physical facts, the abstractions become nothing but words – words by which lawyers describe, and justify, the things th ...