Corporate Law

Here, it is likely the court will hold that Ms. Jordan and Mr. Wood mutually agreed to a marital status. First, unlike In Re Estate of Hunsaker, the court may not determine that a subjective intent was explicitly acknowledged. See id. at 286. In contrast to In Re Estate of Hunsaker, in which the couples felt married, Ms. Jordan never explicitly states whether or not she or Mr. Wood felt married. See id. at 286. However, Mr. Woods will likely argue that Ms. Jordan’s previous outward communication suggests they had at one point in their relationship they both felt married.

A contract can be defined as “an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enfoufceable in a court of law”. (Andy & Douglas, 2013, p.307). Though every contract involves an agreement, not every agreement is legally forceable and will result in contract. It is necessary to find out weather the agreement between parties was inteded to be regarded by the law as

The Court then carried on by applying a 3 step inquiry when determining the proper law to agreement, namely: (i) Express choice by the parties (ii) implied choice and (iii) closest and most real connection. Those stages have to be examined in that order, so that an express choice by the parties would be respected, and also separately, even though stages (ii) and (iii) will often merge together, since the law of closest connection could be an important factor indicating the implied choice of the parties towards that law. The implied choice of stage (ii) could be ascertained by a number of factors, such as the express choice of

Legislation and case law has been evolving throughout history surrounding testamentary promises. The attitudes of the courts have ebbed and flowed towards claims testing the validity of a will. New Zealand was the first country in the commonwealth jurisdiction to enact a family protection act, the Testators Family Maintenance Act 1900. Although legislation has changed considerably since the incorporation of the first act, the central concept has remained essentially unchanged. There are three main statutes in New Zealand governing family protection and testamentary promises, Property (relationships) Act 1976, Law Reform (Testamentary Promises) Act 1949 and the Family Protection Act 1955. This essay will explore these

The current approach of the courts is seen in the case of Radmacher v Granatino. Here, LJ Thorpe's late judgment in Radmacher v. Granatino recognized that subject to specific safeguards, a deliberately built prenuptial agreement "should be accessible as a distinct option for the anxiety, tensions, and cost of a submission for ancillary relief to the width of legal caution". LJ Thorpe's viewpoint corroborates that prenuptial agreements should be legally binding and enforceable subject to a solitary overriding protection of critical foul

It occurs when an individual or business entity willfully and intentionally falsifies information on a tax return in order to limit the amount of tax liability. Tax fraud essentially

Provide a brief background to the case to put your analysis in context. Provide a discussion of the

In the case of Wakeling v Ripley the legal presumption that parties to an agreement concerning family, domestic matter do not intend to be legally bound by a contract was rebutted. As there was evidence of binding and enforceable contract due to the economic seriousness of the situation to the plaintiff. By applying the law to our case, even though Billy and Choy share a filial relationship, Billy had incurred and economic and social loss as he had given up an established situation (i.e. second year of university) and moved back to the farm from Queensland on request of Choy.

The Law Commission’s Report has proposed that there should be legislative reform to create nuptial agreements that are in a prescribed form and adhere to certain safeguards, legally binding. A nuptial agreement that meets the criteria is called a ‘qualifying ' nuptial agreement and would allow married couples and civil partners to make an agreement as to how their assets should be divided when they to separate. The court will be prevented from making orders inconsistent with the terms of the qualifying nuptial agreement as long as they meet the parties needs and is in the interest of a child of the family.

1. State three causes of action (i.e., the legal issues, not just the facts) which Mr. and Mrs. Amadio relied upon in challenging the mortgage guarantee they had signed?

1. Provide a summary of the case including an analysis of the key facts and potential dilemma.

The statute limits indeed court’s discretion and therefore creates an environment encouraging the conclusion of marital agreements safe in the knowledge of the likely judicial outcome . But if the Scottish law of divorce is more predictable than its English counterpart, there is still room for judicial discretion when applying the 1985 Act . Consequently, by reaching an agreement regarding the financial provision of a future divorce, the parties avoid any disputed application of the Section 9 principles . To this extent, the specific problems encountered in Granatino v Radmacher are “alien to Scots family lawyers”

The case in Radmacher v Granatino [2010] UKSC 42 is concerned with whether and to what extent a court should take an ante-nuptial agreement into account in exercising its discretion under section 25 of the Matrimonial Causes Act 1973.

The following questions will help you in the preparation and analysis of this case. Use these questions as a guide in your study of the case. However, do not limit yourselves to these questions only, but rather allow yourselves to expand your thinking and analysis of this case.

It is essential to determine if a legally binding contract exists. There are several elements required to constitute a