Understanding Employment Law: Regimes, Contracts, and Torts
Chapter 1: Common Law of Employment
Common Law Regime
Judge-made rules of contract and tort law
Regulatory Standards Regime
Employment standards, human rights, health safety
Pay equity, compensation
Stare Decisis (Stand by previous decision)
1) Common Law Regime
a) Law of Employment Contracts (Rules of contract law applied to contracts between employer and individual employees)
b) Law of Torts: Judge-made legal wrongs not based in contract (nuisance, negligence, battery, defamation)
The Law of Torts
Torts
Read MoreTrade Unions and Industrial Relations in India
Unfair Labour Practices and Penalties
Section 2(ra) defines unfair labour practices as any of the practices specified in the 5th schedule to the act. The 5th schedule enumerates unfair labour practices on the part of employers and trade unions of employers, as well as workmen and trade unions of workmen.
Unfair Trade Practices on the Part of Employers and Trade Union of Employers
- Threatening workmen with discharge or dismissal if they join a trade union.
- Threatening a lockout or closure if a trade union
Understanding Marriage: A Legal and Historical Perspective
ITEM 4: Marriage in General
1. Matrimony and Right
No legal institution produces as many legal effects as marriage. At the beginning of the study of marriage, we must address two erroneous views:
a) Panajurídica:
The belief that marriage is only a legal link, sustained by feelings. It was said that marriage is an island that the sea of law should cherish but not absorb.
b) Panasociológica:
The belief that marriage is only sociological, meaning that marriage is not what the law says but what spouses
Read MoreCivil Procedure Code: A Comprehensive Guide to Key Provisions
Interpleader Suits
Section 88 of Order 35 deals with interpleader suits. In most cases, the dispute is between the plaintiff and the defendant. An interpleader suit is a suit in which the real dispute is not between the defendant and the plaintiff but between the defendants only, and the plaintiff is not really interested in the subject matter of the suit. Section 88 enacts that where two or more persons claim adversely to one another the same debt, sum of money, or other property, movable or immovable,
Read MoreInvestment Cycle Analysis and Financing: A Comprehensive Guide
INVESTMENT CYCLE ANALYSIS AND FINANCING
Investment
Implementation of financial resources to increase financial AF or an entity.
Funding
Sources where you can get capital to invest.
Types of Financing
- Money for Time
- Fixed Assets: Short-term trade credit, bank debentures.
- Goods: Long-term mortgages, stocks, bonds, lease.
Bonus
Performance by a loan made without the company obligations.
Basics of the Investment Process
- Rendimiento Expected or Compensation: Profitability is expected to have for investment.
- Riesgo
Ownership and Possession: A Comprehensive Guide
- Right to use a thing
- Right to exclude others from using the thing
- Disposing of the thing
- Right to destroy it.
Austin’s definition
Austin while defining ownership has focused on the three main attributes of ownership, namely, indefinite user, unrestricted disposition