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Notarial practice
The job of a notary is to administer truthful oaths and declarations, draw factual powers of attorney, and attest to the authenticity of the signature, execution and contents of documents, deeds and contracts. This makes notaries the sole guardians of the integrity, veracity and reliability of public documents. How then does a notary serve to prevent fraud and protect the public against deceitful and injurious documents' View details
Notarial law
Results of various surveys reveal that there is a lot of confusion among lawyers and notaries as to what exactly their extent of power and duty is and whether it is a legal duty of a notary to ensure that the Signor has comprehended the contents of the document he is signing. On one hand, no state statute and only one state court opinion announces that notaries are required to make such determinations. Conversely, many notary authorities are quick to advise notaries that they possess just such a duty. View details
Conveyancing
Conveyancing is legal procedure whereby civil rights in set property are registered in the deeds office. Such rights consist of ownership, mortgage, servitude, mineral rights and others. The entire such rights vest legally in a person only on registration. The registration procedure, therefore, places an official "seal" on a person's rights in fixed property. "Fixed property" is any land, whether enhanced or not such as a house, farm or sectional title flat. A conveyancing deal involves a chain of steps which begins with the deeds of sale and which continues throughout to the vital registration of ownership and the resolution of money and payments. View details
Conveyance
Conveyance is the act of transferring the ownership of a property from one person to another. This translates into a system where buyers' prerogative is to get a survey done before making a bid through their solicitor to the seller's solicitor. In the case of massive competing interest for a property, sellers are required to set a closing date for the initial offers. View details
Equity and trusts
A case of bussinessman's will. View details
Principle of consideration
One of the parts of a contact is consideration. Generally promise is enforceable when consideration is present for only then are parties to the contract are understood have intended to create legal relationship amongst themselves. But why it is too simplistic to assume if there is consideration present a promise is enforceable by examining different facets of consideration within the text. View details
Notion of fiduciary trust and its breach
The notion of fiduciary trust and its breach is at the heart of the contractual agreement between a consignee and a consigner as well all of the entities representing either of the parties. When dealing with a consignment agreement which involves the transport of goods by sea, the Hague-Visby rules as amended by the Brussels protocol 1968 as well as the Carriage of Goods by Sea Act 1992 delineate the obligations and rights of each party as well as the recourse each entity may have as a direct result of the breach of responsibility by opposing parties. View details
Law & Criminology
Employment law in the U. K. has grown more stringent over the past 20 years, in part as a response to the 1984 PACE Act, and to changes in practices related to conformance to E. U. standards. In particular, it is important to consider whether an employee review process will result in a criminal proceeding, or a disciplinary hearing.This paper reviews the principles that have to be considered when conducting an investigation. In addition, this paper will explore the need to conform to those principles and what consequences might flow from any failure to follow these principles. View details
The Law of Tort
The Tort of Trespass to the person originates out of criminal law and involves a number of actionable wrongs. These wrongs are primarily concerned with the direct and often intentional invasion of a person and/or his property. The criminal law origins of the Tort of Trespass are evident in its deterrent rather than compensatory nature. For instance a claimant can sustain an action in trespass and not in negligence notwithstanding that he or she has not incurred damages. View details
Terms 'necessity' and 'duress of circumstances'
Necessity and duress of circumstances, as used in criminal law defence, are merely alternative ways of describing the same type of defence. Generally, in every civilized society, actions that are punishable by law are deemed as crime, and are considered to be harmful to the community. These offences are predefined in the statutory laws, and violation of such statutory laws attracts penalty, which is, delineated in the statutes. View details