Legal education

To what extent should shadow directors be liable? 1.0 Separate Legal Personality and the Board 1.1 Upon incorporation, a company is recognised as a legal person with its own rights and obligations. Although, being a legal entity, it cannot operate without its organ namely, the Board of directors. The principle of limited liability flows from the concept of separate legal personality in that the assets and liabilities of the company belong to the company and not to its shareholders and…

This essay will critically analyse inclusive legal positivism and will provide with arguments why it is a positivistic theory of law in name only. To do so, it will explore the essence of what legal positivism is by discussing the issues concerning morality and authority. The main argument of soft positivism being a positivistic theory in name only will consist of the assertion that the presence of morality in it makes it contradict with the essence of positivism, namely, that a connection…

Pros. • You don’t have any worry about having to pay the business overheads like rent, taxes, or utility bills. You don’t have ultimate responsibility for the business, and that can be liberating • You gain incredible experience. You learn from your mistakes • You are immersed in an established business. You will get to see first-hand how that business runs - whether you work in a salon or as a mobile groomer for somebody else • You will meet lots of dogs. You will develop your dog handling…

TASK 7 Explain how a business can be vicariously liable Vicarious liability As a general rule vicarious liability only arises out of the employer/employee relationship, although it can be found in the principal/agent relationship and as an exceptional case in the employer/independent contractor relationship. It is dependent upon this type of special relationship being established. Vicarious liability is not a tort, it is a concept, which is used to impose strict liability on a person who…

Advantages of a Sole Proprietorship: There are numerous reasons why an individual would decide to begin their business up utilizing a sole proprietorship structure. Beginning a sole proprietorship is substantially less muddled than beginning a formal corporation, furthermore much cheaper. A few states permit sole proprietorships to be shaped without the twofold taxation benchmarks appropriate to generally corporations. The owner of a sole proprietorship is not needed to record a separate…

Death is often a hard thing to understand and very emotional for everyone who is affected by it. More times than not it is hard to react in the proper way when someone else is dealing with a death. The book “Final Gifts: Understanding the Special Awareness, Needs and Communication of the Dying” by Maggie Callan and Patricia Kelley is all about Hospice care nurses. They tell many stories about their dying patients and their families reactions to the death process. Most of the stories show how to…

This coursework will be focusing on the Hart and Fuller debate and their views on morality in law. Taking into account the questions raised on morality in the interview with Lord Justice Alan Ward regarding the ‘Re A’ case. Jurisprudential theory: H.L.A Hart: Within Hart’s theory he maintains that Law and Morality should remain separate. In one of his most famous works; ‘The Concept of Law ’ he analysis’ the relation between that is between law, coercion and morality. In order to try to…

Jane’s Battery Claim A “Battery” is a 1)unpermitted, unprivileged harmful or offensive contact with another person 2) caused by an act intended to result in such contact, or 3) the apprehension of such a contact. First, in order for there to be a cause of action against Mike, contact must have occurred (either harmful or offensive). When Mike called Jane and told her inappropriate things over the phone, Jane did not have any form of physical contact with Mike (neither harmful nor offensive).…

Organ Sale: Should we legalize the sale of human organs? Organ sale covers a wide range of different practices. Most people readily associate it with the case in which one individual sells his or her organ to another. Legalization of organ sale has been a major issue due to its health and ethical concerns to the people who sell their organs to save their lives from poverty. Therefore, organ selling should not be legalized in order to save our human dignity and moral values. There are many…

According to a survey conducted by the Ecology Global Network, in the article “Birth and Death Rates,” it sates on average, 151,600 people die each day. In addition, an article by The American Transplant Foundation, titled “Facts and Myths,” states that at minimum, 21 people out of 123,000 men, women and children on the organ transplant list join the death rate every day. Incidentally, a single person can donate their body and save up to 8 lives. Thus if 20,000 of the 151,600 deceased donated…