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- November 20, 2012 at 5:54 am #107147
HI Good question
Answer:
Fundamental breach – dead! Facts arose before 1977 & UCTA didn’t apply to these facts.
Securicor was engaged by Photo Productions to guard their factories overnight. One of Securicor’s employees lit a fire to keep his hands warm, and negligently managed to burn the factory down – vicarious liability. Plaintiff claimed, but the defendants said that there was an exclusion clause – under no circumstances was Securicor liable for anything. House of Lords couldn’t apply the Act to the facts (facts arose before 1977), but applied the “spirit” of the act. The said that the clause was a perfectly reasonable clause to have in the contract.
Why?
1) It was a commercial contract and the firms were on a level playing field
2) Lord Wilberforce – risks borne by insurance, non-interventionist approach, efficiency of insurance cover ® reasonableness
3) If Securicor offered a service for a particular price, then the additional cost (of insurance?) for Securicor would push their price upBest Wishes
KCPNovember 20, 2012 at 5:43 am #107423What you did is just fine?
Dont worry about the exam kit?
Download past papers and focus on those questions (you need nothing more)Best wishes
KCPNovember 10, 2012 at 5:21 am #106769question regarding the reliability of notes: This site is pretty much ideal for learning
well if you think the content is too much (notes), acca is not ideal for you.
if you looking for just certification with no really knowledge, it does not really help you in the long run.rest is up to you.
November 10, 2012 at 5:14 am #106797Hope it can help you in your f4 exam!!
November 4, 2012 at 7:51 am #106097Hi,
Sorry the above answer is quite good to compare CIVIL law vs Criminal Law .
For your question Common Law and Civil law
Common Law
Emerged in England during the Middle ages
Common Law is UN-codified ( no comprehensive compilation of legal rules and statutes )
Relies on some scattered statutues(legislative decisions) , based on precedents set by judges
Judges have enormous role in shaping law.
It is an adversarial system ( context between two opposing parties and a judge as a moderator )
A jury of ordinary people may decide the facts of the caseCivil Law
developed in continental Europe in Middle ages
It is codified ( comprehensive legal codes which are continuously updated)
The role of judge is to establish facts and apply the code as applicable ( work within the framework)
Judges decision is less important in shaping civil lawNovember 4, 2012 at 7:17 am #72373HI anny,
its not about books. In my opinion all books are alike ( slight cosmetic differences )
The best way to prepare if time is limited or if you dont have time to spend reading loads of information is.1) Use the Past question paper analysis ( in this site)
2) pick up all the question for the chapter concerned
3) Light ! Light !! You notice one thing, many questions are repeating ( !!)
4) After you sort the above questions , using the past question papers and answers make you own notes of key points5) My million dollar advice: Its not about the length of the answer thats important
a) the principles are important ( to get 10 marks make sure you have atleast 10 good legal points)
b) write in a simple way ( but dont forget to use legal terms)
c) Complement your answers with examples and case names if you can rememberPrepare your notes like this and remember if you share it with others like you, it would help you a lot
mark my word, getting 80 is not difficult
By the way, i am not an agent of any company, hence dont endorse any particular company, you pickup any book its always the same !! Most important never buy exam kits they are just rips of past exam question papers ( with less tangible benefits )
Best Wishes
November 4, 2012 at 7:09 am #105826Limited Liability Partnership:
Brings in the best of both worlds.
From Partnership it derives : Simplified legal procedures, tax payable as personal Income tax
From Company it derives : The limited liability statusto sum up, LLP is created to allow people to create an entity quickly with relatively less legal procedures unlike the company and at the same time having the limited liability for the members ( please do remember in LLP we have to use the term members not partners).
Mostly used by service oriented businesses having more risk ( accounting firms)LTD : Private limited company
Firstly its a company, hence need to follow the requirements of CA 2006 in setting up, thus making is more complicated in setting it up. It has limited liability but it has to pay corporate income tax ( as a company is a separate legal entity )Hope that helps?
November 13, 2011 at 2:56 am #89503Articles commonly stipulate that a third of the directors should retire and stand for re-election each year.
June 5, 2011 at 12:48 am #71079please can you mail it to kcp.personal@gmail.com
Thanks a lot
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