- This topic has 25 replies, 4 voices, and was last updated 9 years ago by
.
- Posts
HIIIII SIRRRRR! 🙂
what is volenti non fit injuria? its a defense to claim in negligence ryt..
but can u explain what exactly it is with and example plzz! 🙂
Literally translated it means “to he who is willing there can be no harm / no injury”
If you play a rough sport, you can’t complain if you are injured (so long as your injury was caused within the rules of the sport)
For example, if you play rugby and you suffer an injury whilst in a scrum or a maul, you cannot complain – it goes with the sport
But if you’re playing soccer and Hugo Sanchez gives you his version of a kiss, that lies outside the rules of soccer
Similarly, to have your ear bitten by Mike Tyson is not the sort of injury you would anticipate in the course of a boxing match
ohhhh sir thankyu.. ur brilliant.. wished i cld exchange brains with u on d exam day!
ok another question.. equity has 3 remidies
specific performance
injunction
equitable
i know dt specific performance is not for personal services.. i hope im right.. if u can elaborate my dis answer and also plz explain d other two wld be great help!Rescission and rectification are other equitable remedies – you can’t say that equity has a remedy called equitable remedy! Where have you got that from!!
Specific performance is where a person is ordered by the Court to do something that they are refusing to do such as honor a contract for the sale of eg a rare vase. You’re correct, the court would never order a football player to play better. Firstly, they may not be able to and secondly how could the court monitor the performance?
Injunction is 180 degrees opposite from specific performance. SP said “Do it” whereas injunction says “Stop it”. A relatively recent case of a young woman who played Britney Spears records from 6.00 until 2.00 the next morning. Neighbors complained and the local council told herr to stop. She didn’t. Council took her to court and the court told her to stop (by way of injunction). She didn’t. Went back to court again and the judge sent her to jail (for contempt of Court)
Just learn from this! That’s what will happen to you if you play Britney Spears records!
Rescission is where the Court restores parties to thei original pre-contractual position. It happens where one party is falsely led to believe a representation that proves to be a misrepresentation. The innocent party can approach the court and ask that parties be put back into the position they were in before the misrepresentation.
Rectification is where the terms of a contract have been agreed but, for whatever reason, the contract has written those terms wrongly. Either party can approach the court and ask that the terms be rectified to reflect more closely the agreed position
Ok?
Good evening!
Is it right that holders of Secured debentures and the floating charge holders are the same? and that Unsecured debentures holders and Unsecured creditors are also the same ppl?Apologies if this has already been asked, I couldn’t find it on a quick look of topics.
I’ve got the BPP book, on page 85 there is a table which details if exemption clauses are void or subject to reasonableness test with relation to the sale of goods or supply of work/materials.
It has various categories such as title, description, quality and suitability and sample. I’m not sure what these titles refer to, can you give me a bit of context or an example so I can understand how an exemption clause could be put in a title for example?
Many thanks,
GinaSakina, an off-the-shelf company is one that is instantly available to be purchased from a firm / company that creates companies for instant sale.
That means that you by-pass all the aggravation of the process of creating / registering a company
Guzel, that’s not quite correct – all elephants are animals but not all animals are elephants! A floating charge debenture holder is a secured debenture holder but a secured debenture hold may have a fixed charge by way of security
Unsecured debenture holders have the same status in a liquidation as unsecured creditors but they’re technically not the same. A debenture holder is a lender of money to the company and is paid an annual interest on that loan. Unsecured creditors are more in the nature of the unpaid suppliers of goods or services and don’t normally get interest on their outstanding balance
Ok?
Gina, any person, whether or not it’s a company acting in the course of business or it’s just you selling a coat on eBay, is implicitly saying that they have the right to sell the goods and this is something that they cannot deny. Thus any exclusion clause relating to title (ownership) of property is invalid.
Re description, quality and suitability exemption clauses are generally ok so long as it’s reasonable. But if a person is selling in the course of business and the third party indicates that they are relying on the vendor’s experience, then the goods delivered shall be fit for the purpose indicated
Similarly, where goods are sold by sample, the goods delivered shall be exactly like the sample offered for inspection and, if they do deteriorate then that deterioration shall be the same as the sample deteriorates.
If the purpose / use of the goods is not indicated to the seller, then the goods delivered shall be fit for a purpose – so if goods have multiple uses, then so long as they are fit for one purpose, then they satisfy the requirement of suitability
Is that enough?
Hiiii sirrr…
dd d exam todayy.. d paper was okayyyyy! lol
i owe this BIG thankyu to u and ur team.. url are dng a great great job!
i dont know if i pass or not but even if i do itl be due to ur knowledege and skills of teaching and making it so simple..!
SO THANKYU THANKYU THANKYU! 🙂will keep u updated on d next match between sl and eng which is on wednesday sir 😉 😛
Thanks, but if it results in a 4:1 position, I don’t want to know!
Please do let me know about your F4 result
🙂
Thanks for your assistance Mike, think I understand it now. I was misinterpreting the meaning of the word title to mean the same as title of a book etc and just couldn’t wrap my head around what the point was.
Kind regards,
Ginadnt worry sir dnt let d match get to ur head! 😀
btw i wanted to know if public law comes under english law?
Public law? Where have you read the expression – what’s the context.
So far as I’m aware common law is public law
sir the questions are uploaded on acca.. for eng variant..
will u be uploading d answers sir?
they had asked in d exam which of the following is NOT in english law
i selected public law!
Hi, answers will be uploaded any day now.
England now on a roll and looking for a 4/3 series win
Mathews is panicking now!
HIIII SIRRRRRRR!!!!!!!!!!!!!!!!!!!!!!!!
REMMM MEEEEEEEEEEEEEE 😀CLEARED ALL MY EXAMSSS WHICH I SAT IN DEC..
THANKYU THANKYU THANKYU SO MUCH!!! 🙂
😛 well last time wen england was in sl.. sri lanka won d series sir 😀
and d world cup.. we know to share and care.. not like indians #wewontgiveitback
anywayyyy sirr il be sitting for f6, f7, this june together with dt what u think is a good combination? F8, or F9?? which 3 papers u think i shud sit?
- You must be logged in to reply to this topic.