Legal Persons and Power of Attorney PDF

LEGAL PERSONS AND POWER OF ATTORNEY.J J : E~;JI.J:'1 leg.JI pf.'rso ns.:md power of 3ttorn£ '>'.ah A legal perso n h.s " · ~ n s. n r i v i ~ responsibilities and liabilities.ts..,......

LEGAL PERSONS AND POWER OF ATTORNEY.J J : E~;JI.J:'1 leg.JI pf.'rso ns.:md power of 3ttorn£ '>'.ah A legal perso n h.s " · ~ n s. n r i v i ~ responsibilities and liabilities.ts..,......... _,__ ,.... unde r law. p«SO ns do. comm on ~p f~ of ~ I. persons include compames, soveretgn states JUst as and CO-O ~tura 1 to act as a sm e entity (a comp osite Persc, ) ~ L~l personality allows OM or mor@ natural persons gl purpo ses. " for ltgal ;-.__ ,. In many jurisd- - - _1 t~ l i t y allowS such a composite to be considered under law.-.ndividual memb ers~- -·-·- or stwe,h olders. For example, they may sue and be 5eJ>aratet ·~ I deb t~ haV@ owhe s,'1ip av« property. Entitl I I litu sued, enter into co ~ from es with ega persona..., may also be subject to "tracts,. obligations, such as the requirement to pay tax. Legal. personality may shield an entity 's Part id~ ll legal ncu, shareholders. from ~ liability. ts. suet, as A powe r of attom eyis a legal docum ent that allow s a ~ n to give another perso n or J>ersons the ma~ decisions about their financial affairs and/o r their health and personal welfare. It can take either an endur ing powe r of attorney (EPA) or a lastin ~ to g power of attorn ey (LPA). two frrns: The LPA was created in '2007 under the Mental Capac ity Act 2005 and replaces the previous EPA. How creat ed beftn 2007 remain valid. There are two types of LPA: ever. EP~ I. A prope rty and affairs LPA gives a perso n the ability to make decisions abou t somebody else's financial affairs. 2. A personal welfare LPA gives a person the ability to make decisions relating to somebody else's perso healthcare and welfare, including decisions to give or nal refuse consent to treat ment on their behalf. Unlik e its predecessor, the LPA must be registered with the Office of the Public Guardian (OPG) to be An EPA established before l October 2007 does effective not need to be altered. THE BASIC LAW OF CONTRACT 4 12 Explain basic law of contr act ano agen cy A contract is essentially an agreement creating and defining the obligations between two or more partie s. The elements of a contract and the offer For any contr act to be considered legally bindin g, the elements of offer and acceptance must exist. ~ contract or agreement will begin with an offer and The origin of after the offer is accepted unconditionally, the contra then formed. There are also other contract eleme ct is : nts that are required by law, and if these are not present, court s may decide there is no contract. the '. :· Acceptance FoUowing an offer, there must be a willingness from the accepting party to enter into the conttact:I~ order make the contract complete, there must also be specific terms io and conditions set out and accepted...On~ the terms and conditions have been offered and accepted, and no further negotiations are intended, the crontr can be said to be complete or full. ad.. Consideration Acontract may not be deemed to be enforceable by law if there was no consideration. This means that th must be mutual consideration on either side; ere one person promises to provide a service ;ncl the return. other pays in  Chapter 4 -l eoar concepts n 1r1tent10 no intention of th rties ma ke an agreement with e agreen, b d.. wt,en pa d th In some ent ecoming legally bi ed to bea con trac t un er e eyes of the law. mercial con;a ing. It w1U not be trac t is inte nde d to be legally bind~ses, such as com jLldgm tion tha t the con 'g. If one of the Parties wants to~ there Is an never any intention of a bind assu ; d argue tha t the re was ing contract, they will nng the matter to court. evidence. need to have some form of c1ear wnt ten an d co nd itio ns fer,ns law courts strong emphas,s will be 1. trac t disp ute is bro ugh t to the. ' If a con complete if the t enns and cond P aced on the terms and cond,·t·ions of trad. A con trac t can not be said to be · the cOn A con tract is not u II ltions are not fully laid ou.., and the st not be vag ue or amb iguo us. sua Y seen as le II b. ition s mu ga Y inding if the terms and corid How eve r, every case is different , and a. d try to I ·ty ition s are unclear. JU ge may c an the terms and conditions cond of the disp uted con trac t. Types of contract alise all agreements with a wn·tten contract How m ost cases, it makes sense to form h ever, a contract may In eld if it is mad e oral ly. There are certain circumstances w ere contracts m st b.. be uph t h u e made mwriting. st111 eme nts. If a contract d" rspu e as reached th e courts and no written sale of pro per ty or tenancy agre suCh as the the judge may look at how services.. ntra ct or stat eme nt exists, then.. , promises and exchanges were earned out cO s1on. practically in ord er to make a dec1 co ntr ac t discharge one of four ways: A contract can com e to an end in mplished by both parties. e, whe re the obligati ons of the contract have been acco 1_ Performanc party releases the other party from the re bot h parties agree to end the contract, or one 2. Agreement, whe agreement. on of the contract impossible, and the Fru stra tion , whe re eve nts have occurred that make the completi 3. ld not be met. obligations of the con trac t cou below. 4. Breach, whi ch is explained Breaching a co ntr ac t the specified terms and conditions. t can occ ur if one party does not fulfil one or more of other aware that they will not ~ A brea ch of con trac ur if the wor k carr ied out is defective or if one party makes the It can also occ dispute and can award th@ ed wor k. The law can then be brought to judge on this contract carrying out the agre loss. the innocent party can provt flnanclal l damages may only be awarded ff innocent par ty damages. Financia likelihood of any damages b@ln g awa rded should be weighed up against the Court costs and solicitors' fees s. before proceeding with cou rt case I' f r ( OWNERSHIP OF PROPERTY Expl arr1 tt1r, typr i ~ ,if n,/J rlPr ',tllp !JI iHfJJ Jf'rly f. '1 I 3 , I ownership and beneflcf11 owntrshlp. per ty own ersh f p under EngIIsh Iaw. 1qa There are two types of pro mpl tht l@J,t ts tht legal owners, For t1