All ye faithful stewards: US and UK directorboard and officer duties of care, loyalty, good faith, supervision, monitoring, prevention and similar, as regards bribery and corruption compliance under company, securities and other areas of the law

2021 ◽  
pp. 108-175
Keyword(s):  
Good Faith ◽  
The Law

Contract Formation in Hong Kong

2018 ◽  
Author(s):  
Lusina HO
Keyword(s):  
Hong Kong ◽  
Social Context ◽  
Common Law ◽  
General Rule ◽  
Good Faith ◽  
Local Context ◽  
General Duty ◽  
Contract Formation ◽  
Formal Requirement ◽  
The Law

This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations—the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional circumstances. Acceptances become effective as soon as they are dispatched. In the ‘battle of forms’ scenario, the Hong Kong courts follow the traditional ‘last-shot’ rule. There is no general duty to negotiate in good faith, and even agreements to negotiate in good faith are normally unenforceable for lack of certainty. As a general rule, contracts can be validly made without adhering to any formal requirement. Online contracts will normally be valid and enforceable; the formation of such contracts is governed by common law as supplemented by legislation.

The Coalition's Plan to Regulate Industrial Relations

1993 ◽  
Vol 4 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Braham Dabscheck
Keyword(s):  
Common Law ◽  
Industrial Relations ◽  
Good Faith ◽  
The Common ◽  
Industrial Conflict ◽  
The Law

In October 1992 the federal coalition released Jobsback, a statement of its industrial relations policies. The article situates Jobsback in the context of the evolution of the coalition's industrial relations policies since the Fraser years, outlines its major features, and provides a critique. Jobsback erects a new regulatory schema under a banner of deregulation. Three key elements are contained in Jobsback. They are tribunal avoidance and the use of the common law, legislatively imposed employment rules to ‘aid’ the transition from an award to a non-award system, and enterprise confinement. The article draws attention to the coalition's views concerning industrial conflict, constitutional issues, transitional problems associated with establishing legislatively imposed workplace rules, minima in workplace agreements, the Office of the Employee Advocate, equality before the law and good faith bargaining.

scholarly journals DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT

2021 ◽  
Vol 6 (1) ◽  
pp. 16-26
Author(s):  
Anak Agung Istri Agung ◽  
I Nyoman Sukandia
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Legal Certainty ◽  
Legal Research ◽  
Peace Agreement ◽  
Peace Agreements ◽  
The Law ◽  
Made In

The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.  

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals Peranan Badan Pertanahan Nasional/Agraria Dan Tata Ruang Dalam Penyelesaian Sertifikat Ganda Di Kabupaten Banyumas

2021 ◽  
Vol 23 (2) ◽  
pp. 1-8
Author(s):  
Ninik Hartariningsih ◽  
Esti Ningrum ◽  
Wahyu Hariadi
Keyword(s):  
Land Rights ◽  
The State ◽  
Good Faith ◽  
Close Relationship ◽  
The Law ◽  
The Right

ABSTRACT The number of cases or disputes in the field of land, one of which is due to the existence of multiple certificates, in which this problem can be caused by good ethics and good ethics. This is because land has a close relationship with humans, both for housing and for business. Therefore, the law requires the owner of land rights to register their land, so that they have legal guarantees and guarantees of their rights. Double certificates occur in the case of land being abandoned by a certified owner, for a period of more than 20 years so that the land grows with a thicket, which is then controlled by someone else in good faith for more than 20 years, then the person increases his right of ownership. This is justified by law because the person has controlled the land for more than 20 years, in addition, because the land has been neglected for more than 20 years, the right to annul the land is controlled by the State. Keywords: BPN/ATR, Solution, Double Certificate Abstrak. Banyaknya kasus/sengketa dibidang pertanahan, yang salah satunya adalah karena adanya sertifikat ganda, yang mana masalah ini dapat dikarenakan etikat tidak baik maupun etikat baik. Hal ini dikarenakan bahwa tanah mempunyai hubungan yang erat dengan manusia, baik untuk tempat tinggal maupun untuk berusaha. Oleh karenanya Undang- Undang mewajibkan sipemilik hak atas tanah untuk mendaftarkan tanahnya, agar mempunyai jaminan hukum dan jaminan haknya. Sertifikat ganda terjadi dalam hal tanah ditelantarkan oleh pemiliknya yang sudah bersertifikat, dalam jangka waktu lebih dari 20 tahun sehingga tanah tersebut tumbuh semak belukat, yang kemudian dikuasai oleh orang lain dengan itikat baik selama lebih dari 20 tahun, kemudian orang tersebut meningkatkan haknya menjadi hak milik.Hal ini dibenarkan oleh undang-undang karena org tersebut telah menguasai tanah tersebut selama lebih dari 20 tahun, selain itu karena tanah tersebut ditelntarkan selama lebih Dri 20 tahun, maka haknya hapus tanah dikuasai oleh Negara. Kata Kunci : BPN/ATR, Penyelesaian, Sertifikat Ganda

scholarly journals Social Facts, Legal Fictions, and the Attribution of Slave Status: The Puzzle of Prescription

2016 ◽  
Vol 35 (1) ◽  
pp. 9-30 ◽  
Author(s):  
Rebecca J. Scott
Keyword(s):  
New Orleans ◽  
Good Faith ◽  
Social Facts ◽  
Reconstruction Era ◽  
Siete Partidas ◽  
The Law ◽  
Legal Fictions ◽  
Point Of Reference

This article explores a core question in the law of slavery: how was an individual's status as slave or free socially discerned and formally adjudicated? Under the doctrine of “freedom by prescription,” a person who had in good faith “lived as free” could argue that the absence of exercise of ownership for a specified term of years extinguished a prior owner's title. In the medieval Siete Partidas of Alfonso the Wise, which continued as a legal point of reference in Louisiana well after the end of Spanish rule, both the law of status and the law of property confirmed this path to freedom. From 1808 onward, Louisiana jurists and legislators sought to eliminate the remnants of the doctrine, but it lingered in popular and even judicial consciousness. The 1853 kidnapping of a woman named Eulalie Oliveau, six of her children, and eleven of her grandchildren for sale in the New Orleans slave market brought the question of “freedom by prescription” back into the courts. The awkward resolution of that case, and the uncertain fate of Eulalie Oliveau and her children, foreshadowed Reconstruction-era struggles over the content of legal freedom and the rights that freedom might bring to those who had once been held as property.

15. Good faith

Contract Law ◽  
2018 ◽  
Author(s):  
Mindy Chen-Wishart
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
Diverse Range ◽  
General Duty ◽  
English Law ◽  
The Law ◽  
The Difference

English law does not currently recognise a general duty of good faith, but this position is increasingly being challenged. In addition, good faith informs a diverse range of legal doctrines and principles. This chapter addresses the following: the meaning of good faith; good faith in current contract law; and the nature of good faith. It further considers whether English law should recognise a general good faith doctrine and the difference this might make to various aspects of the law.

scholarly journals BIGAMOUS MARRIAGE IN EARLY MODERN ENGLAND

2009 ◽  
Vol 52 (3) ◽  
pp. 537-556 ◽  
Author(s):  
BERNARD CAPP
Keyword(s):  
Early Modern ◽  
Social Problem ◽  
Legal Framework ◽  
Early Modern England ◽  
Good Faith ◽  
Court Records ◽  
The Law

ABSTRACTThough divorce followed by remarriage was illegal in early modern England, a considerable number of people whose marriage had failed or whose spouse had deserted ventured to marry again, either uncertain of the law or choosing to defy it. Bigamy, traditionally a spiritual offence, came to be seen as a significant social problem and was made a felony in 1604. Drawing on ecclesiastical and secular court records and a variety of other sources, this article examines the legal framework, offers a typology of bigamists, and explores the circumstances surrounding their actions. It finds that offenders, predominantly male, ranged from the unlucky or feckless to the cynically manipulative, among them a small number of serial bigamists. It also asks how such offences might come to light in an age of relatively poor communications, and examines the plight of those who had married a bigamist in good faith. Finally it examines the likelihood of conviction, and the punishment of those who confessed or were convicted.

scholarly journals Lies, Collateral Lies and Insurance Claims: The Changing Landscape in Insurance Law

2018 ◽  
Vol 22 (2) ◽  
pp. 237-265
Author(s):  
Baris Soyer
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Insurance Fraud ◽  
England And Wales ◽  
Insurance Law ◽  
Significant Challenge ◽  
The Common ◽  
Utmost Good Faith ◽  
The Law ◽  
Definition Of

Determining the scope of the fraudulent claims rule in insurance law has posed a significant challenge for the courts, particularly in the last two decades. In the shadow of the doctrine of utmost good faith, the law in this area has developed in an uncompromising fashion introducing draconian remedies against an assured who submits a fraudulent claim. The Supreme Court's most recent intervention has provided much needed guidance on the state of the law. This article, taking into account the fact that in other areas of law more proportionate remedies have gradually been introduced, discusses the boundaries of the fraudulent claims rule in insurance law as it applies in England and Wales and Scotland. Considering that the insurers might be tempted to introduce fraudulent claims clauses into their contracts to expand the common law definition of insurance fraud at the claims stage, this article also evaluates the wording of such clauses often used in practice and concludes that they lack the desired clarity.

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