Navigating Solutions and Darkness

S. 4:  Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Elements of Partnership: At least two persons A relationship arising out of an agreement between two or more persons to do a business. The agreement must be to share the profits of a business. The business must be carried on by all or any of them acting for all.  Mutual agency can be said to be the true test to determine whether something is a partnership. A partnership firm has no legal existence apart from its partners. It isn't a legal entity, nor does it have a separate personality as does a corporation - it merely represents the collective of its partners. A partnership arises through signing of the partnership deed by all partners.  Classification: Particular Partnership:  S. 8:  When two or more persons agree to do business in a particular adventure or undertaking or for a particular per...

Company:  An association of like minded persons formed for the purpose of carrying on same business or undertaking. May be incorporated or unincorporated. o  Incorporated –  separate person distinct from the individuals constituting it. o  Unincorporated –  mere aggregation of individuals -  Body corporate –  persons composing it are made into one body by incorporation, clothing it with legal personality and turning it into a corporation. - Owes its existence to special act of parliament or companies law - Association of both natural and artificial persons incorporated under the existing law of a country. - Association not for profit acquires corporate life if givens a license. Characteristics 1.  Corporate personality-  Once a company has been validly constituted under the Companies Act, it becomes a legal person distinct from its members, and it is immaterial whether any member has a large or small proportion of the shares, and w...

1 Ab initio From the beginning 2 Ad hoc Not intended to be able to be adapted to other purposes 3 Ad idem To the same thing 4 Ad infinitum To infinity 5 Ad valorem According to value 6 Alter ego A second identity living within a person 7 Amicus curiae Friend of the court 8 Audi alteram partem Hear the other side 9 Bona fide In good faith 10 De facto In fact 11 De jure In law 12 De novo A new 13 Dehors Outside of 14 Ex gratia As a matter of grace or favor 15 Ex officio By virtue of an office 16 Ex parte Expression used to signify something done or said by a person not in presence of his opponent 17 Fait accompli An accomplished fact 18 actus reus Guilty act 19 In personam Against the person 20 In rem Act done or directed with reference to no specific person or with reference to all whom it might concern 21 Inter alia Among other things 22...

Sources of English law 1. Common law 2. Law merchant 3. Principle of equity 4. Statute law Common law - Name given to those principles of law evolved by judges in making decisions on cases that are brought before them. - Built up over many years to form a complete statement of the law in particular areas. - The body of legal rules, the primary sources of which were the general immemorial customs, judicial decisions and textbooks on jurisprudence. Law Merchant - Most important source of Mercantile law - Those customs and usages binding on traders in their dealings with each other. - Should be ancient, general and notorious and commands universal compliance. - If not, has to be proved by the party claiming it. Principle of Equity - Body of rules, the primary source of which was neither custom nor written law, but the imperative dictates of conscience which has been set forth and developed in the Court of Chancery. - Procedure of Common Law courts was technical and d...

Law may be from the sovereign, from popular consensus, from god, from a number of heterogeneous factors. These sources can be divided into: Principle sources Customary law -  Even though this is the most ancient form of law, its importance is diminishing with the growth of legislation and precedent. With sanction  - Enforced by the state Legal - operate as binding rule of law, recognized and enforced by the courts. Local - prevails in definite locality or community, source of law for that place only. General - prevails throughout the country. E.g.: common law of England Conventional - “usages” – binding due to an agreement between parties and not due to any legal authority independently possessed by them. Conditions:  It must be shown that convention is clearly established and fully known to the contracting parties. No fixed period for which it should have been observed before recognized as binding. Must be reasonable and can't alter the law of the land....

It is impractical to try and give a clear and concrete forever definition of law. Multiple definitions are formed according to changing thought and need of the hour. Classification of definitions: 1.  Natural  Most of the ancient definitions fall under this category - Ulpine, Cicero, Justinian's Digest etc.  Ancient Hindu law considered law to be the command of God. Prominent jurist  Salmond  defined law as  “the body of principles recognized and applied by the State in the administration of justice.”  That is to say, rules recognized and acted on by courts of justice. To understand the law, one should know its purpose. And in order to ascertain the true nature of the law, one should go to the courts, not the legislature. (I.e. go to the people who interpret the laws, not the ones that write them.) 2.  Positivistic  "Law is the aggregate of rules set by man is politically superior or sovereign to men as politically subject....

Photo by  Wesley Tingey  on  Unsplash Act and Omission To constitute a tort, there must be a wrongful act - where the word "Act" encompasses both  action and omission.  And an omission becomes wrongful only where there was "a duty to act." For instance - and this is apparently a very popular legal example: If a man sees a child drowning, and he is capable of saving the child without any risk of harm or "appreciable exertion" to himself, but he does nothing - that is perfectly within that man's right.  Yes, you read that right - it's perfectly OK to stand by and watch as harm comes to someone else - you have no duty to act in such a case.  Stovin versus Wise, (1996) 3 All ER 801 (HL), p. 82:  "A duty to prevent harm to others or to render assistance to a person in danger or distress" is a duty that can apply to a very large class of people (who cannot be determined/defined). Therefore, "why should one be held l...