Answer:
As a business owner or an employee serving alcohol, it is your responsibility to ensure that customers are not overserved or allowed to drink while visibly intoxicated. If you have made the decision to stop serving a visibly intoxicated person, it is important to communicate this decision clearly to all staff and to take steps to prevent others from serving the customer.
If one of the customer's friends gives them a drink after you have refused to serve them, it is important to intervene and remind the friend that the customer has already been cut off. You may need to explain the potential legal and liability issues that could arise if the customer were to become further intoxicated.
Additionally, you may need to take steps to remove the customer from the premises if they become unruly or pose a danger to themselves or others. This could involve calling a taxi or ride-sharing service to transport the customer home or contacting law enforcement if necessary.
Overall, it is important to have clear policies in place for handling intoxicated customers and to train staff on how to implement these policies effectively to prevent harm and minimize liability.
Edie files a suit against Frank. If this suit is like most cases, it will be
a. dismissed during a trial.
b. dismissed or settled before a trial
c. resolved only after a trial.
d. settled at a trial
In a typical legal case where Edie files a suit against Frank, it is likely that the case will be dismissed or settled before a trial takes place. Option B is correct.
This is because the majority of legal cases are resolved through settlements or dismissals rather than going to trial. Settlements occur when the parties involved negotiate an agreement to resolve the dispute without going to trial. Dismissals can happen for a variety of reasons, such as lack of evidence, procedural errors, or voluntary dismissal by the plaintiff.
Trials are usually seen as a last resort, as they can be time-consuming and expensive for all parties involved. Additionally, trials can be unpredictable, and the outcome is ultimately in the hands of a judge or jury. Overall, the legal system aims to resolve disputes in the most efficient and fair manner possible, and settling or dismissing a case before a trial is often the preferred method.
Option B holds true.
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QUESTION:
You are a candidate attorney at a law firm in the process of consulting a client, Mr. Masuku. He informs you that he bought a vehicle from one Mr. Havenga, who makes a living by buying and selling secondhand cars. He further informs you that the trustee of Mr. Havenga however approached him (Mr. Masuku), took back the vehicle that he bought from Mr. Havenga and informed him that he is claiming the vehicle under section 29 of the Insolvency Act 24 of 1936. Mr. Masuku now seeks your advice on how to get the vehicle back.
During your research, you find that dispositions which may be set aside, include those not made for value, voidable preferences, undue preferences, collusive dealings, and those made in fraud of creditors.
1. Which of the dispositions above may be set aside in terms of the common law, and what is the relevant action that may be used to set the disposition aside? (2)
2. What must the trustee prove to set aside a disposition made for no value? (2)
3. Regarding the factual scenario above, advise your client what a section 29 disposition is, state whether there is an exception to section 29 that may protect him, and what that exception is. Lastly state which test is applied to determine whether the exception applies.(3)
4. State whether the following statement is true or false and provide a motivation for our answer:Referring to Collusive Dealings, 'collusion' in terms of section 31(1) of the Insolvency Act refers to any agreement with the results that one creditor is preferred over another. (3)
The common law allows for the setting aside of dispositions made in fraud of creditors. The relevant action that may be used to set the disposition aside is an action for the avoidance of a fraudulent preference.
How to set aside a disposition made?To set aside a disposition made for no value, the trustee must prove that the debtor was insolvent at the time of the disposition, that the disposition was made within six months of sequestration, and that the debtor did not receive any value in return for the disposition.
Section 29 of the Insolvency Act allows for the setting aside of dispositions made for no value within six months of sequestration. An exception to section 29 is the "running of the business exception", which may protect Mr. Masuku if he can prove that the vehicle was bought in the ordinary course of Mr. Havenga's business. The test applied to determine whether the exception applies is whether the transaction was entered into in the ordinary course of the seller's business.
False. Collusive dealings, in terms of section 31(1) of the Insolvency Act, refer to any agreement between a debtor and a creditor with the intent to defraud other creditors or to prefer one creditor over another.
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under family attribution, individuals are treated as owning the shares of stock owned by their ______.
Under family attribution, individuals are treated as owning the shares of stock owned by their family members.
This means that if a person's spouse, parents, children, or siblings own shares of a particular stock, those shares are considered to be owned by the person as well for tax and regulatory purposes. This can be important in cases where the ownership of a particular stock can impact a person's tax liability or regulatory compliance obligations.It's worth noting that family attribution rules can be complex and can vary depending on the specific jurisdiction and context. In some cases, there may be exceptions or exemptions that apply to certain types of ownership or relationships. It's important to consult with a qualified tax or legal professional for guidance on how family attribution rules may apply to your specific situation.
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Forman, a star player for a major league baseball team, was engaged to speak at a sports banquet sponsored by a veterans’ organization in a large city. One week before the banquet, Forman learned that he was scheduled to make a television appearance on a major network on the same night as the banquet. Forman offered to send an equally well-known player from his team. The veterans’ club refused to permit this substitution and canceled the sports banquet. Could the organization legally cancel the banquet and sue Forman for breach of contract?
Provided Forman possessed a legitimate agreement with the association of veterans, he had a duty to fulfill his contractual obligations. Providing an additional player by Forman would result in a violation of the agreement made.
What is the breach of contract?In the event that a cancellation clause is included in the contract, the veterans' association would be empowered to abort the banquet and pursue compensation from Forman.
The organization ought to have communicated to Forman in written form about their plan to terminate the contract and demand compensation. Additionally, they should have allowed him an adequate chance to rectify any violation of the contract.
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In practice, cyber information and misinformation are controlled by users and hosts, motivated mostly by their:
A.
Intrinsic Ethics
B.
External Ethics
C.
Un-Intrinsic Ethics
D.
None of the above
A Status letter should be mailed to the grievant no later than the 30th calendar day if there has been no contact between
the consumer and the investigator.
A. O True
B. O False
the basis for zoning and other land use control laws is:
The basis for zoning and other land use control laws is to regulate and control the use and development of land in order to promote the health, safety, and welfare of the public.
Zoning laws typically divide a jurisdiction, such as a city or county, into different zones or districts, each with specific permitted uses, restrictions, and requirements. This helps to ensure that incompatible land uses are separated and that the overall character and quality of the community are preserved. Zoning laws may also regulate factors such as building heights, setbacks, parking requirements, and other aspects of development.
Other land use control laws, such as environmental regulations and building codes, also serve to protect public health, safety, and welfare by regulating the impact of development on the environment and ensuring that buildings are constructed to meet certain standards for safety and quality.
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What type of mistake did Eddy commit in terms of South African Law of contract?
Evaluate this type of mistake.
However, generally speaking, there are three types of mistakes recognized under South African law of contract: common mistake, mutual mistake, and unilateral mistake.
Common mistake: This occurs when both parties are mistaken about the same material fact relating to the contract. If the mistake is sufficiently serious, it may render the contract void ab initio (from the beginning).Mutual mistake: This occurs when both parties are mistaken about different aspects of the contract. For example, one party may be mistaken about the quantity of goods to be supplied while the other is mistaken about the price. In such cases, the contract may be voidable.Unilateral mistake: This occurs when only one party is mistaken about a material fact relating to the contract. In general, the law does not provide relief to a party who has made a unilateral mistake. However, in some cases, the mistake may be so serious that it amounts to fraud, and the contract may be voidable.
It is important to note that the law of contract in South Africa is based on the principles of freedom of contract and the sanctity of contracts. Therefore, courts are generally reluctant to interfere with the terms of a contract unless there are compelling reasons to do so.
Explain some of the benefits and drawbacks of using social media within a criminal investigation.
Please write a full sentence or l report you.
In order to identify perpetrators, social media forensics collects, examines, and stores data, photos, videos, and other technical evidence that is available to the public through social media sources.
What advantages and disadvantages do social media have in helping law enforcement investigate crimes?One advantage of social media is that it has made it simpler to communicate with our friends and family throughout the world and to solve crimes. Online crimes including identity theft, fraud, hacking, cyberstalking, and bullying are nevertheless one of the downsides.
How may researchers utilize social media in their work?When conducting a social media investigation, a private detective will search for phrases and posts related to the goals of the investigation. Powerful software is typically used by them to search, keep an eye on activity, and set up notifications for new postings and account creations.
What advantages do social networking sites offer in lowering crime?Investigative work is being done on social media sites to fight crime. They give police departments a channel of communication with the public. Moreover, they enable the police to engage and interact with their communities in novel ways that could even change the game.
Which disadvantages do social media present to law enforcement?A law enforcement officer's reputation is extremely important. Via social media, anyone may easily criticize the character of a police officer. When an officer's integrity is called into doubt, investigations and witness evidence in court are put in jeopardy. Internet assaults on the integrity of law enforcement officials are a persistent danger.
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How can having too little government regulation limit consumer choice in a mixed-market economy?
The strongest businesses can dominate the economy. Competition between businesses can raise prices. Producers cannot control the factors of production. Property can no longer be privately owned
In a mixed-market economy, too little government regulation can limit consumer choice by allowing the strongest businesses to dominate the market.
This can lead to a decrease in competition, which can result in higher prices for consumers and fewer options to choose from. Additionally, with too little regulation, producers can no longer control the factors of production and property can no longer be privately owned, which can further limit consumer choice.
Without sufficient government regulation, consumers may find it difficult to obtain the goods and services they need in a timely and affordable manner. The lack of consumer choice in a mixed-market economy can have a negative impact on the overall economy and can lead to a decrease in consumer spending.
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In a short essay, describe how a private security and public law enforcement partnership could threaten civil liberties of the public?
Answer:
A partnership between private security and public law enforcement has the potential to threaten the civil liberties of the public in several ways.
Firstly, private security firms operate independently from the government, and their primary goal is to protect the interests of their clients. When they collaborate with public law enforcement, their interests may not align with the public's interests. The private security firms may use their influence to push the law enforcement agencies to take actions that benefit their clients, even if these actions may not be in the public's best interest. This could lead to biased enforcement of the law and an increased risk of civil liberties violations.
Secondly, private security firms may not have the same level of accountability as public law enforcement agencies. While public law enforcement agencies are subject to scrutiny and oversight, private security firms are not. Therefore, when these two entities collaborate, there may be a lack of transparency and accountability that could lead to abuses of power.
Thirdly, private security firms may have access to technology and resources that public law enforcement agencies do not have. This could give them an advantage in surveillance and monitoring activities, increasing the risk of privacy violations.
In conclusion, a partnership between private security and public law enforcement agencies could put the civil liberties of the public at risk by promoting biased enforcement, lack of accountability, and increased surveillance. Therefore, it is important to ensure that such partnerships are closely monitored and regulated to prevent abuses of power.
when it comes to drinking what is the buddy system?
John is responsible for developing and training staff on emergency response procedures and managing firehouse resources and personnel. What is
likely his job title?
A. fire marshal
John's most likely job title based on his responsibilities such as developing and training staff on emergency response procedures is Fire Chief.
What does a fire chief do ?The Fire Chief is responsible for managing firehouse resources and personnel, overseeing emergency response procedures, and providing training to staff on these procedures. They are also responsible for ensuring that all firehouse activities are carried out in compliance with applicable laws and regulations, and that all equipment is in good working order.
A Fire Marshal, on the other hand, is responsible for investigating the causes of fires and enforcing fire safety codes and regulations.
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Like state courts, the opinions of the federal courts are published in bound volumes called Reporters after:
a panel of jurors votes for the majority needed.
all of the judges on the relevant court of appeals sit in on the case.
only one of the judges writes the opinion without the consent of the co-judges.
the opinion is dismissed by the state court.
Like state courts, the opinions of the federal courts are published in bound volumes called Reporters after: Only one of the judges writes the opinion without the consent of the co-judges.
What is federal courts?Federal courts are courts established by the United States Constitution, Congress, and/or the President. The federal court system is divided into three levels, with the lowest level being the district courts. These district courts handle the majority of cases and are the only courts that provide a jury trial. The district courts are followed by the circuit courts, which are the courts of appeal. Above the circuit courts are the Supreme Court of the United States, the court of last resort. Federal courts have jurisdiction over cases involving the Constitution, laws, and treaties of the United States, as well as controversies between states. Additionally, they have jurisdiction over cases involving foreign citizens and governments. While federal courts are responsible for handling most criminal and civil cases, state courts typically handle cases involving state laws.
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Describe the differences between individualizing items of evidence and associative items of evidence.
Answer:
Explanation:
In forensic science, individualizing evidence refers to evidence that can be attributed to a single source or person with a high degree of certainty. For example, fingerprints, DNA profiles, and handwriting analysis can be used to individualize evidence. These types of evidence can be used to link a suspect to a crime scene or a victim, providing strong evidence for prosecution.
On the other hand, associative evidence refers to evidence that can associate a person or an object with a location or an event. This type of evidence is not unique to a single source but can be associated with a group of people or objects. Examples of associative evidence include footprints, tire tracks, fibres, and soil samples. While these types of evidence cannot be used to identify a specific person, they can be used to link a suspect to a specific location or to corroborate other evidence in a case.
In summary, individualizing evidence is used to link a person or object to a specific source with a high degree of certainty, while associative evidence is used to link a person or object to a location or event. Both types of evidence are important in forensic science and can be used to build a strong case for prosecution.
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Essay help!!!
What does Ruggiero (and others like him) mean when they express the sentiment
that “Terrorism is what the other person does; what we do is anti-terrorism” and
suggests that this sentiment ought to be the basis of all critical criminology and that
for many reasons political violence theory ought to at least study the other point of
view because terrorists might turn out in the flow of history to be in the right? If this
can be assumed true, what are the theoretical implications that flow from this (that
terrorists might be right) and what are those other reasons for this new direction
criminology might take on terrorism and other crime?
The estimation passed by Ruggiero and others that "fear mongering is what the other individual does; what we do is anti-terrorism" proposes a one-sided see towards characterizing fear based oppression based on one's claim gather character.
What is the Essay?This state of mind reflects a need of unbiasedness and a inclination for one's claim viewpoint over an objective view of the circumstance.
Ruggiero recommends that basic criminology ought to be based on a more objective approach, which incorporates an open-minded think about of political savagery hypothesis from distinctive points of view, indeed from those labeled as fear mongers, since it may turn out that they are within the right. If the fact that we assume that psychological militants can be right in a few circumstances, the real implications are far-reaching.
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disadvantages of communicating with people of diverse cultures in law enforcement invironment
Answer:
Explanation:
Communicating with people of diverse cultures in law enforcement environments can be challenging and may lead to several disadvantages. One significant disadvantage is the potential for cultural misunderstandings. Law enforcement officers may misunderstand the cultural practices and values of individuals from different cultures, leading to ineffective communication, misinterpretation of behavior, and even mistreatment. In addition, communication barriers such as language differences may hinder effective communication, leading to confusion and frustration. These misunderstandings can result in a lack of trust and confidence in law enforcement officials, which can lead to tension, conflict, and even violence. It is, therefore, important for law enforcement officials to be trained in cultural sensitivity and effective communication techniques to overcome these challenges and foster positive relationships with diverse communities.
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______ theory holds that deviant and criminal behavior results from regular exposure to attitudes favorable to acting in ways that are deviant or criminal.
The theory that holds that deviant and criminal behavior results from regular exposure to attitudes favorable to acting in ways that are deviant or criminal is called "Social Learning Theory".
This theory posits that individuals learn how to behave through observation, imitation, and reinforcement of behaviors exhibited by those around them, including family members, peers, and media figures. According to social learning theory, if an individual is repeatedly exposed to deviant or criminal attitudes and behaviors, they may be more likely to adopt similar attitudes and engage in similar behaviors.Social Learning Theory was developed by Albert Bandura in the 1960s and 1970s. Bandura argued that behavior is learned through a process of observation and imitation, and that people are more likely to imitate behavior that is rewarded or reinforced in some way. He also suggested that behavior is influenced by factors such as cognition, motivation, and self-efficacy.
Social Learning Theory has been applied in a variety of contexts, including criminology and psychology. In criminology, the theory is often used to explain why some individuals become involved in criminal activities, while others do not. The theory suggests that exposure to deviant or criminal behavior may increase an individual's likelihood of engaging in similar behavior, and that prevention efforts should focus on reducing exposure to these behaviors.
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Essay help!!!
What does Ruggiero (and others like him) mean when they express the sentiment
that “Terrorism is what the other person does; what we do is anti-terrorism” and
suggests that this sentiment ought to be the basis of all critical criminology and that
for many reasons political violence theory ought to at least study the other point of
view because terrorists might turn out in the flow of history to be in the right? If this
can be assumed true, what are the theoretical implications that flow from this (that
terrorists might be right) and what are those other reasons for this new direction
criminology might take on terrorism and other crime?
Ruggiero and others view terrorism as what others do, and what their group does is anti-terrorism. This biased view reflects a lack of impartiality and a preference for their own perspective.
What is the Terrorism about?Ruggiero proposes objective critical criminology that includes studying political violence theory from all perspectives, even terrorists' viewpoints, as they may be correct. This has significant theoretical implications. The definition of terrorism is contested and contextual. Consider historical and political factors.
Critical criminology takes a broader view of terrorism, connecting it to power dynamics and social injustices. It highlights the importance of addressing underlying political and economic factors, and promoting dialogue instead of relying on force.
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strategies can position old navy most favorably in relation to competition?
Old Navy can position itself most favorably in relation to competition by implementing various strategies. Firstly, it can differentiate itself by offering unique and trendy clothing styles at affordable prices.
Secondly, it can expand its product line to include more sustainable and eco-friendly options, thus appealing to environmentally conscious consumers. Thirdly, it can focus on enhancing the in-store and online shopping experience, by providing excellent customer service, personalized recommendations, and a seamless checkout process.
Lastly, it can leverage social media and influencer marketing to increase brand awareness and engage with its target audience. By implementing these strategies, Old Navy can create a strong brand identity and remain competitive in the retail industry.
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Why should the pass rate in higher education be lowered to 40%
dividend policy may affect firm value because
Answer:
A higher dividend policy leads to an increase in the value of the firm. It helps in reducing the uncertainty of investors. Since various investors buy stocks to have a stable income in the form of dividends, therefore, dividend pay-outs affect the value of the firm.
Explanation:
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Answer:
A higher dividend policy leads to an increase in the value of the firm. It helps in reducing the uncertainty of investors. Since various investors buy stocks to have a stable income in the form of dividends, therefore, dividend pay-outs affect the value of the firm.
Explanation:
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Can words or terms in contracts that are subject to more than one reasonable interpretation lead to mistakes?
Yes, words or terms in contracts that are subject to more than one reasonable interpretation can lead to mistakes.
When a contract is ambiguous or unclear, it may result in one or both parties misunderstanding the terms of the agreement. This can lead to disputes or litigation down the line, which can be costly and time-consuming for all involved. It is important for contracts to be written in clear and unambiguous language to avoid any misunderstandings or mistakes.
Words or terms in contracts that are subject to more than one reasonable interpretation can indeed lead to mistakes. This is because when a contract contains ambiguous language or vague terms, it can be difficult for the parties involved to fully understand their rights and obligations under the agreement. This can lead to misunderstandings, disputes, and even litigation.
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what is a major concern about COMPSTATs effectiveness? -
Compstat as a policing tactic gained popularity as a result of the notable decline in crime that occurred in New York City in the 1990s.
Compstat has received a lot of attention from academics and police practitioners as an innovative management method in policing. Despite its widespread use, the scientific efficacy of the Compstat method has not received much empirical investigation. Few research has also focused on Compstat tactics used outside of New York City during the 2000s. The current study examined whether Compstat led to a noticeable increase in "broken windows" arrests (minor nuisance offenses) and, using multivariate time-series analysis, the role of the Compstat strategy in explaining changes in violent, property, and total index crimes. Compstat was used by the FWPD to analyze monthly time-series arrest and crime data over a multi-year period.
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raul, a u.s. citizen lives in costa rica. raul's household includes a friend mariana who is age 19 and a citizen of costa rica. raul provides all of marianas support.
Mariana is receiving fair compensation and treatment. Overall, Raul's status as a US citizen living in Costa Rica has implications not only for himself, but also for the people in his household like Mariana.
Since Raul is a US citizen and lives in Costa Rica, he must follow the laws and regulations of Costa Rica as well as those of the United States. Raul's household includes Mariana, who is a 19-year-old citizen of Costa Rica. As a citizen, Mariana is entitled to certain rights and privileges, such as the right to work and access to public services. However, since Raul provides all of Mariana's support, he must ensure that he is following the rules and regulations for employing someone in Costa Rica. Additionally, he must also make sure that Mariana is receiving fair compensation and treatment. Overall, Raul's status as a US citizen living in Costa Rica has implications not only for himself, but also for the people in his household like Mariana.
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Mariana is being treated and compensated fairly. Overall, Raul's situation as a US citizen residing in Costa Rica has effects for Mariana and other members of his family as well as Raul.
Raul must abide by both Costa Rican and American rules and regulations because he holds dual citizenship and resides there. Mariana, a Costa Rican citizen who is 19 years old, lives with Raul. Mariana has access to a number of benefits and rights as a citizen, including the ability to work and use public services. Raul must make sure he is abiding by Costa Rica's employment laws, though, as he is the sole provider of Mariana's support.
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A. A committee of eight people must choose a president, a vice president, and a secretary.Two of the committee members are Ellen and Jose. Assume the assignments are made at random.1.What is the probability that Jose is president and Ellen is vice president?2.What is the probability that either Ellen or Jose is president and the other is vice president?
There are two ways in which this scenario can occur: either Jose is president and Ellen is vice president or Ellen is president and Jose is vice president.
The probability of each individual scenario was calculated in part 1, and we multiply by 2 to account for both possibilities.
1.The probability that Jose is president and Ellen is vice president is:
(1/8) * (1/7) = 1/56
There is a 1 in 8 chance that Jose will be chosen as president and then a 1 in 7 chance that Ellen will be chosen as vice president from the remaining committee members.
2.The probability that either Ellen or Jose is president and the other is vice president is:
2 * (1/8) * (1/7) = 1/28.
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In 100 words or more, discuss the legal issues surrounding the use of and display of information contained on social media.
If the fish and game department were concerned about the declining trout population in a specific river, all of the following are actions it could take to address the problem EXCEPT
Answer:
An action that may not be taken is adding a non-native trout species to the river.
Explanation:
The one action that the fish and game department should not take is to introduce non-native trout species to the river. This could lead to competition with native trout species and could even lead to the extinction of native trout populations.
Bella is married to Milo. They live in Rose Cottage, a property worth £500,000, with their two young children. Milo is the sole director of Jake Ltd, a small company. Doodles Bank plc lends Jake Ltd £300,000, a debt that is secured by a mortgage over Rose Cottage, granted by both Bella and Milo. This mortgage is clearly valid and enforceable.
Jake Ltd falls into financial difficulties and it is clear that without fresh capital it will go into insolvent liquidation, in which case Doodles Bank will have the right to have Rose Cottage sold and the proceeds of sale applied to the discharge of Jake’s debt, leaving Milo and Bella with any surplus. Doodles is prepared to advance an additional £200,000 to Jake but only if further security is provided, either by extending the mortgage on Rose Cottage, or in some alternative form.
Bella is accustomed to leaving all business and financial matters to Milo, preferring to devote all her time to the children. When Milo tells her that she needs to sign some papers relating to “the bank and the business”, she accepts without asking any questions. Milo arranges for her to attend a meeting at the offices of Tweeny & Sons, Milo’s solicitors, who carefully explain the extension of the mortgage over Rose Cottage to her and asked her whether she is happy to sign. She says she is (although in truth she has not been listening) and signs. Tweeny provide a written statement to Doodles that Bella has been properly advised and that she signed, as far as they could tell, of her own free will.
Thus, the further security demanded by Doodles Bank is duly provided and the additional finance made available. Nevertheless, Jake Ltd goes into insolvent liquidation one year later and Doodles wishes to enforce its security.
Discuss whether enforcement of the further security can be prevented in light of the account of how that security came to be granted.
The validity of the further security granted by Bella on her family home to secure a debt owed by her husband's company could be challenged on the basis that she did not fully comprehend what she was signing, or that her consent was obtained through undue influence or misrepresentation.
The account suggests that Bella left all financial matters to her husband, and that she signed the papers without asking questions or understanding the implications.
However, the success of any challenge would depend on the specific facts of the case and applicable legal rules.
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Five liens which is paid last? Mechanics, Second Mortgage, Real Estate Tax Lien, Special Assessment Lien
Of the Five liens the option that is paid last is Judgment lien
What is the Judgment lien?Property charges: Genuine Charge Lien. Extraordinary evaluation liens are liens made by the neighborhood government to pay for open advancements or administrations, such as modern sidewalks or sewage frameworks.
Mechanics or contractor's lien is one that is Usually a lien set on a property by a temporary worker or provider who has not been paid for work or materials. Judgment lien is often a lien set on a property by a court arrange due to an unpaid obligation or judgment.
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