3.2 Legality of bay al-dayn The legality of bay al-dayn is based on Surah Al-Baqarah, verse 282, which means “O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write [it] between you in justice”. According to al-Jassas, the word al-dayn include all types of debt contract and its permissible based on deferred. This verse stated that the important to write it down to all the debt transaction. The word al-dayn in hadith can be divided by two…
This case can be simply as David want to sell his stationery store in April and Lisa, a representative of Company W want to buy this store, during their consultation, David did not convey to Lisa that he knew a new stationery store would be opening very soon. Later Lisa knew this information in a May edition’s magazine. Then David and Company W concluded the deal in July and Company W wants a rescission claiming the contract should be invalidated due to misrepresentation. The legal issue here…
Introduction Offer is the first step if you want to constitute a contract. Without offer there is no acceptance and without acceptance there is no contract. There are two main types of offers, which are, the bilateral offer and the unilateral offer. A bilateral offer is an offer given to a specific audience and it targets a specific group or party. While, on the other hand, a unilateral offer is an offer proposed to the public in general and is accepted through conduct or performance. From a…
LA-203 Equity and Trusts Coursework I. Introduction The Statute of Frauds 1677 introduced formalities for the creation of trusts of land. Section 7 required that, “… all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing signed by the party who is by law entitled to declare such trust, or by his last will in writing, or else they shall be utterly avoid and of none effect”. Section 53(1) of the Law of…
A. Prior International Delinquency As previously noted, the Naulilaa case establishes standards concerning the use of reprisals. The first criterion is the requirement that the offending state must have committed a prior international delinquency against the claimant state. This "delinquency" may but need not be of a violent nature. Having suffered an injury, the claimant state is entitled under customary international law to employ otherwise illegal acts designed to: (1) Enforce obedience to…
I agree with some of your points on Martin’s challenges regarding the rental property regarding survivorship. However, we have different insight on the advice we would give him as his lawyer. Martin did in fact purchase the house approximately thirty-one years ago, but he has not visited it in over twenty years. North Carolina case law, such as Potts v. Burnette, 1981, has upheld the requirement for one to take possession of a property by means of adverse possession one must occupy the…
To state a claim under the Americans with Disabilities Act (the “ADA”), the employee must show he is a person: (1) with a disability, as defined by the ADA; (2) who is qualified, with or without reasonable accommodation, to perform the essential functions of the job; and (3) who has suffered discrimination by an employer because of that disability. Olsen v. Capital Region Med. Ctr., 713 F.3d 1149, 1153 (8th Cir. 2012). " EEOC v. C.R. Eng., Inc., 2011 U.S. App. LEXIS 8971, *20 (10th Cir. May 3…
According to Meiners, Ringleb and Edwards (2012), an agency is created when a person or the company’s agent agrees to act for, or in place of, another person or company named as principal. An agent is “the person or firm who is authorized by the principal or by operation of the law to make contracts with third persons on behalf of the principal”. In the case of Yim v. J’s Fashion, Yim never disclosed that a principal was involved with the contract established with J’s Fashion and that he was…
Kamara further contends that HSBC’s title is void because the deed was prepared and recorded before Kamara’s motion for the circuit court to reconsider the ratification of the sale was resolved. HSBC, for its part, argues that the title it acquired from the foreclosure sale is a valid enforceable instrument that is only voidable upon a finding of a defect. We agree with HSBC, and hold that the title HSBC acquired from the foreclosure sale was not void. Kamara’s argument that HSBC’s title to…
In the states that have bail as part of their legal procedures, the bail bonds process is normally regulated by the state itself. In some cases, the regulations and laws that govern the department of insurance also apply to bail bonds. Different states have different concepts and rules to govern the bail process. The criteria that one state may use to apply the process of bail bonds might not be similar or applicable to another state. This has made it very difficult to find information about the…