[kcp123]

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 up

Best Wishes
KCP

[kcp123]

What 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
KCP

[kcp123]

question 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.

[kcp123]

Hi,

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 case

Civil 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 law

[kcp123]

HI 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 points

5) 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 remember

Prepare 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

[kcp123]

Limited 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 status

to 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?

[kcp123]

Articles commonly stipulate that a third of the directors should retire and stand for re-election each year.

[kcp123]

please can you mail it to kcp.personal@gmail.com

Thanks a lot

[Author]

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