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Agency Theory in Company Law
The agency theory is a significant concept in corporate law and governance that explains the relationship and conflicts between principals (such as shareholders) and agents (such as company executives). This theory is essential for understanding vari...
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Organic Theory in Company Law
The organic theory is a fundamental aspect of corporate law, providing a framework to understand how legal responsibilities are attributed to corporations, which are abstract legal entities. This theory allows corporations to be held accountable for ...
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Pros and Cons of Separation of Powers
Separation of powers is a foundational principle in the constitution of democratic states, designed to prevent the concentration of power in the hands of a single entity and thus guard against tyranny. This principle divides the state's governance in...
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Legal Professional Privilege
Legal professional privilege is a fundamental principle within the legal system that protects the confidentiality of communications between legal professionals and their clients. This privilege is crucial in ensuring the right to a fair trial and pro...
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Power of Attorney
Power of Attorney (POA) is crucial for anyone who wishes to ensure their affairs are handled according to their wishes, should they become unable to manage them personally. This legal mechanism allows one person, known as the principal, to grant anot...
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Officious Bystander Test
The officious bystander test is a legal principle used in the common law, particularly in the context of contract law, to determine whether an implied term should form part of a contract. This test is applied to ascertain if a term is so obvious that...
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Five Grounds for Judicial Review
Judicial review stands as a cornerstone of administrative law, providing a mechanism through which the decisions of public bodies can be challenged in court. This process ensures that such decisions are made legally, fairly, and reasonably. While the...
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Why Is Proportionality Not a Standalone Ground for Judicial Review?
The principle of proportionality in judicial review serves as a tool for ensuring that decisions made by public authorities are reasonable and balanced, especially in the context of affecting individual rights and freedoms. While important, proportio...
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Purpose of Contract Law
The purpose of contract law is multifaceted, serving as the foundation for legal agreements and transactions across various aspects of society, business, and personal interactions. Its primary purposes include:Creating legal framework for agreements:...
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Referendums vs Plebiscites
In democratic governance, referendums and plebiscites are pivotal tools that empower the populace to have a direct say on various issues. While on the surface, both mechanisms seem to serve the same purpose—allowing the public to vote on specific mat...
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NGO vs IGO vs INGO
In global governance and humanitarian efforts, a myriad of organisations play crucial roles in shaping policies, delivering aid, and fostering international cooperation. Among these, Non-Governmental Organisations, International Non-Governmental Orga...
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Why Is Civil Law Better Than Common Law?
Arguing that civil law is superior to common law involves considering the characteristics that distinguish civil law systems and the advantages these characteristics can provide. Civil law, known for its comprehensive codification of statutes and pri...
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Why Is Common Law Better Than Civil Law?
Arguing that common law is superior to civil law involves highlighting aspects where the common law system may offer distinct advantages. This comparison often revolves around the flexibility, adaptability, and the role of judicial precedent within c...
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Is Common Law Better Than Civil Law?
The debate on whether common law is superior to civil law, or vice versa, encompasses a rich discussion grounded in centuries of legal tradition and practice across different nations. At its heart, this debate probes the efficacy, adaptability, and f...
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Principles of Jurisdiction
Jurisdiction refers to the legal authority of a court to hear and decide a case. It determines which court system should properly adjudicate a dispute or a case, based on factors such as geography, subject matter, and the parties involved. The p...
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