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Types of Child Custody Arrangements
Before agreeing to any child custody agreements, parents should know the different terms. Parents don't want to agree to something they don't understand.
Sep 26, 2011
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T.E. Sewell
The US Constitution's Bill of Rights, Promise Made, Promise Kept
The first ten amendments to the US Constitution are collectively known as the Bill of Rights. These amendments limit the power of the federal government..
Sep 26, 2011
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David J. Shestokas
Australian Corporations Law - The Indoor Management Rule
This article discusses the statutory application of the indoor management rule in sections 128, 129 Corporations Act.
Sep 16, 2011
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Gary Lilienthal
The Common Law of Contract - Interpreting Exemption Clauses
An exemption clause in a contract seeks to exempt, limit or restrict the right of the parties to sue on breach of the obligations contained in the contract.
Sep 15, 2011
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Gary Lilienthal
Monash Students in China Assess Australian Negligence Law
Advanced business law students at Monash College in Guangzhou China were asked about underlying judicial policy issues in the Australian law of negligence.
Sep 14, 2011
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Gary Lilienthal
Partnership Law: Statutory Interpretation, Duties and Authority
Partnership is defined under Australian State statutes in a multi-element definition requiring statutory interpretation.
Sep 13, 2011
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Gary Lilienthal
An Upcoming Banking Reform in the UK
The Independent Commission on Banking finally to be followed by the UK law-making authorities in order to restore banking 'peace'
Sep 13, 2011
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Nikolay Danev
Contents of the Contract: From Representation to Term
The contract begins with negotiations, moves to offer acceptance and consideration, into the operation phase of the contract, then to ultimate termination.
Sep 13, 2011
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Gary Lilienthal
Remoteness of Damages – The Two Limbs in Hadley v Baxendale
Hadley v Baxendale (1854) 9 Ex. 341 discussed the broken crank shaft from Hadley's Mill, and remoteness of damages in breach of the contract of carriage.
Sep 11, 2011
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Gary Lilienthal
The Law of Contract – The Postal Acceptance Rule
When the postal acceptance rules applies, the contract is made at the moment when the letter of acceptance is posted.
Sep 10, 2011
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Gary Lilienthal
The Role of Consideration in the Common Law of Contract
Most agreements require consideration before they can be enforced by the Court, except for deeds, some equitable issues and many international contracts.
Sep 9, 2011
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Gary Lilienthal
Estoppel in Law and in Equity
The verb to estop means to stop, to hinder or to raise a legal bar. Estoppel was discussed by Sir Edward Coke, writing in the year 1628.
Sep 9, 2011
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Gary Lilienthal
The Legal Characteristics of a Guarantee.
A simplified definition of a guarantee is that it is a promise to answer for the debt, default or miscarriage of another person.
Sep 9, 2011
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Gary Lilienthal
Formal Contract – The Nature of a Deed
A deed is a formal contract defined as a writing on paper, parchment or vellum, signed, sealed and delivered.
Sep 8, 2011
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Gary Lilienthal
A Tale of Caution for Overseas Volunteers and Some Helpful Hints
Volunteering overseas can be rewarding and exciting. But, in countries where corruption is deeply entrenched volunteering can turn out to be a nightmare.
Sep 8, 2011
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Camille Tuason Mata
Accord and Satisfaction and the Rule in Pinnel's Case
Dixon J described the concept of Accord and Satisfaction in the High Court of Australia case of McDermott v Black (1940) 63 CLR 161.
Sep 7, 2011
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Gary Lilienthal
The Parol Evidence Rule and Its Exceptions
This article describes the operation of the parol evidence rule as it applies in Australia, for business law students.
Sep 7, 2011
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Gary Lilienthal
Agreements Made Subject to a Later Formal Contract
This kind of "subject to" agreement was dealt with by the High Court of Australia in Masters v Cameron (1954) 91 CLR 353.
Sep 7, 2011
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Gary Lilienthal
The Meaning of Fiduciary Relationships and Duties in Business
The purpose of the law is to ensure that the fiduciary is motivated only by a duty of loyalty, uncompromised by the possibility of personal advantage.
Sep 5, 2011
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Gary Lilienthal
Collateral Contract as an Exception to the Parol Evidence Rule
Collateral contract can be regarded as one of the argued exceptions to the parol evidence rule. Collateral contracts are an argument of a separate contract.
Sep 5, 2011
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Gary Lilienthal