ESSAYS -
LIST OF AVAILABLE ESSAYS ...
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Commission of the European Communities v Kingdom of Belgium Case C-478/980
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This 9 page paper reviews and discusses this case that involves the imposition of barriers to prevent the free movement of capital. The defence in this case was claimed to be the requirements of the barrier to prevent tax evasion and maintain a taxation system. This case can be seen as a prime example of application of the principle of proportionality in EU law. The bibliography cites 6 sources.
Filename: TEpropot.rtf

Common Law
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This 3 page paper examines the common law system in the U.S. and its history. British history is touched on as well as the Founder's design of the system of checks and balances. Bibliography lists 2 sources.
Filename: SA444law.rtf

Common Law in England; The Impact of the Magna Carta and Developments During the Tudors
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English common law has developed over a long period of time. This 9 page paper consider the impact that the Magna Carta and the changes during the Tudor period have had on common law. The paper looks at the position before these events and how they changed the view and use of common law. The bibliography cites 5 sources.
Filename: TEcmlaw1.rtf

Common Law; Contract and Tort Case Study
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This 6 page paper examines a case study provided by the student. Two individuals aged seventeen and eighteen join a gym by paying a years membership and are injured before the gym closes after only three months of membership. The paper considers the contracts and if either party may be able to make a claim for a refund of membership fees and their potential claims for compensation of lost income as a result of injuries sustained. The bibliography cites 4 sources.
Filename: TEcontrt.doc

Commonwealth vs. Tracy L. Prashaw
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This 3 page paper provides the facts of this case and a look at the reasoning for the judge's decision. The case involves evidence rules. Bibliography lists 2 sources.
Filename: SA430TLP.rtf

Company Law and its’ Impact on Corporate Strategy
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This 5 page paper considers how company law in the UK aid wit the formation of better business strategies. The paper focuses on the duties of a director and breach of care, and how this may be used with a resource based view of the company. The bibliography cites 10 sources.
Filename: TEcompsg.rtf

Company Law; A Case Study
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This 8 page English law paper considers the way in which remedy may be sought for an illegal contract and in response to illegal actions by a director. In the first instance the plaintiffs are seeking damages when a contract is formed with a non existent company, in the second question minority shareholders are seeking the return of transferred funds. The bibliography cites 3 sources.
Filename: TEcomlaw.wps

Company Law; Pre-Incorporation Contracts
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This 11 page paper considers English law and the status of contracts signed before a company has been officially formed. The paper considers the liability of the agent or promoter for a breach, and also their ability to take action for a breach. Case law and statue law are considered with relevant cases cited. The bibliography cites 12 sources.
Filename: TEpreinc.rtf

Company Law; Preference Shares and Winding-Up Orders
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This 10 page paper looks at to case studies covering English company law. The first case concerns preference shareholders who are in dispute with directors that also own 80% of the company’s ordinary shares. The directors want to change the rights associated with the preference shares without the consent of the preference shareholders and are also threatening to try and cancel the shares or to issue sufficient additional preference share to render the existing shareholders impotent. The paper advises the preference shareholders. The second part of the paper looks at a company that has gone into liquidation with a floating charge and having sold properties below market value in the recent past. The paper looks at the debt and at the way fraud and incompetence may be examined. The bibliography cites 10 sources.
Filename: TEbankprefshare.rtf

Company Law; Preference Shares and Winding-Up Orders
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This 10 page paper looks at to case studies covering English company law concerning preference shareholders in dispute with directors that also own 80% of the company’s ordinary shares who want to override the wishes of the preference shareholders. The paper advises the preference shareholders. The second part of the paper then looks at a company that has been wound up, there are several questionable transactions, two properties were sole at lower than market prices and there was the creation of a floating charge to the mother of a director. The paper consider how these transaction may be seen in light of the winding up order. The bibliography cites 10 sources.
Filename: TEbankprefshare1.rtf