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Manual CAPE LAW: Texts and cases - Contract law, Tort law, and Real property

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A comprehensive study of elements of child law in the Commonwealth Caribbean. It covers legitimacy, status of children legislation, parental rights, maintenance, family provision and succession to property, custody, adoption and care and protection issues. This book includes the reforms proposed by the various Caribbean Commissions since , making it a comprehensive guide to constitutional law in the Caribbean.

It outlines sources of the law and developing changes in the doctrine of sovereignty of Parliament and the Conventions of the Constitution as well as in the role of the Public Service. There is also an expanded commentary on the Caribbean judiciary in which special reference is made to the proposed Caribbean Court of Justice.

Caribbean Constitutional Law will be valuable to students of law and political science and practitioners wishing to renew their acquaintance with the basic concepts of constitutional law. The first textbook to address land law as it relates to the Commonwealth Caribbean, it encompasses all areas covered in an undergraduate course on the law of real property in the Caribbean. Primary and secondary source material on the law of property in the whole of the Commonwealth Caribbean is made easily and readily accessible to law students and legal practitioners.

Tort law is a subject of primary importance in the study and practice of the common law in Caribbean jurisdictions. This work is now well established as the leading text on tort law in the region, and the fourth edition incorporates developments in law and legal thinking, including recent case law concerning negligence, defamation and vicarious liability.

The chapters on employer's liability and damages have been extensively revised in order to highlight recent trends, while throughout the book extracts of key cases have been more thoroughly integrated into the text in order to help students grasp the salient points.

Cape Law: Text and Cases: Contract Law, Tort Law and Real Property

Although conceived primarily as a text for the LLB degree courses in Caribbean universities, Commonwealth Caribbean Tort Law is also essential reading for students preparing for the CAPE Law examinations and the various paralegal courses in the region. Legal practitioners will find the book useful as a work of ready reference, and it will also be of interest to those business executives, industrialists, insurance agents and journalists who require some knowledge of this most important area of the law. This new edition of a well-established book is a timely response to the enactment during the past 3 to 5 years of new rules of civil procedure which are now in force, or are soon coming into force in the vast majority of Caribbean jurisdictions.

The book also provides coverage of the recent case-law coming out of Jamaica and the Organisation of Eastern Caribbean States OECS , under the new rules of civil procedure. This book is essential reading for students of Commonwealth Caribbean law as well as anyone wishing to get to grips with the new rules of civil procedure.

Denbow ISBN: Providing a comprehensive study of the English law of life insurance as it applies in Trinidad and Tobago, this book deals with the relevance of the doctrines and terminologies the law has absorbed and adopted from other jurisdictions, and it provides a detailed overview of the many crucial issues of modern life insurance law.

This second edition includes for the first time: the treatment of the new statutory provisions dealing with beneficiary designations.

CAPE LAW: Texts and cases - Contract law, Tort law, and Real property Veronica Bailey AuthorHouse

This comprehensive, reader-friendly text introduces students to criminal procedure and provides practitioners with a ready reference for practice. From the commencement of proceedings, to sentencing and appeals, Criminal Practice and Procedure is a handbook for anyone involved in the criminal justice system.

Covering up to date developments in areas such as plea bargaining and the treatment of juveniles readers are provided with a bridge to the gap of understanding the fundamentals of criminal law and how the law operates in practice. Comprehensively referenced to existing and pending legislation as well as case law, Criminal Practice and Procedure is an important foundational text for the student and practitioner alike. Commonwealth Caribbean Business Lawbreaks away from the traditional English approach of treating business law primarily as the law of contract and agency. The book takes a panoramic view of the foundation of various legal systems with a subsequent examination of different areas of legal liability that may affect business activities.

These areas include contract law, agency, tort law, criminal law, and internet law as significant challenges confronting the business sector. The book primarily targets the development of business law in several Caribbean Commonwealth jurisdictions but also, where appropriate, embraces the jurisprudence of other Commonwealth nations such as the United Kingdom, Canada and Australia.

With respect to internet law, the proliferation of judicial pronouncements emerging from the United States provided the platform for the only non-Commonwealth treatment of a topic. The approach of the book is to use excerpts from judgments so as to allow students, particularly the non-legal student, to understand legal principles as espoused by the judiciary without the filtering bias of authors.

As a result of the immovable and indestructible nature of land, property law is concerned with a wider variety of rights, obligations and interests than most other areas of law, and can prove daunting to those studying the subject for the first time. Commonwealth Caribbean Property Law sets out in a clear and concise manner the central principles of the law of real property in the region, in order to guide students through this often complex and confusing core subject area.

In this new edition, the book has been fully revised and updated to include important new case-law from the various Caribbean jurisdictions. There is also a new chapter on Registration of Title. With comprehensive coverage of the main topics studied by undergraduates, this textbook is essential reading for LLB students in Caribbean universities. It will also serve the needs of those studying for CAPE Law or those following courses for paralegals.

Accessing materials on the CES Property by certain persons in certain countries may not be lawful, and CES makes no representation that materials on the CES Property are appropriate or available for use in locations outside the United States.

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If you choose to access the CES Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. If CES fails to act with respect to your breach or anyone else's breach on any occasion, CES is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms. Application of Terms. The Terms set forth in Section I apply to all purchases from Seller as defined herein. The Commercial Credit Terms set forth in Section II are applicable to all purchases in which Seller chooses to extend credit and are subject to and intended to be construed in accordance with the Terms of Sale set forth in Section I.


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This document constitutes a sales agreement respecting goods which Customer buys from Seller and a credit agreement respecting all extensions of credit by Seller to Customer. Each person, whether or not a natural person, who buys of goods from Seller is conclusively deemed to have accepted these Terms and represents that such person or an authorized representative or agent thereof has read them in full and binds such person thereto, and such person agrees that it is a Customer within the meaning of these Terms.

In the event that electronic documents or electronic signatures are used in connection with any transaction between a Customer and Seller, no transaction or agreement shall be denied legal effect solely because any portion thereof, including any signature, is in electronic form. The natural person engaging in a transaction on behalf of a Customer represents that it is authorized to bind the Customer to the transaction and the Terms contained herein; Seller relies on such representation and reserves all rights, including the rights set forth in these Terms, against the person whose representation is false or fraudulent.

In all other cases the F.

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Title and risk of loss shall pass to Customer at the applicable F. Customer shall not export or re-export, directly or indirectly, all or any part of the goods or related technology obtained from Seller under these Terms except in accordance with applicable export laws and regulations of the U. Further, a Customer that is a non-U. Customer shall inspect the goods upon receipt, and within two 2 business days after delivery, Customer must give notice to Seller of any claim for damages on account of nonconformance, condition, quality, damage, shortage or grade of the goods, and Customer must specify the basis of the claim in detail.

Customer agrees that notice, to be reasonable, must be within 2 business days of delivery. Failure of Customer to comply with these conditions will constitute irrevocable acceptance of the goods by Customer.

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The fact that a party may accept or acquiesce in any course of performance under this sales agreement does not affect the meaning of this agreement, even though the party accepting or acquiescing knows of the nature of the performance and has reasonable opportunity to object to it.

Changes to Orders; Returns. After acceptance of an order, any change in product specifications, quantities, destinations, shipping schedules, or any other aspect of the scope of goods must be agreed to in writing by Seller, and may result in a price and delivery adjustment by Seller. All returns are subject to a restocking charge. Without limitation of other remedies, Customer shall be liable to Seller for the price of goods identified to the contract if the Seller determines, in its discretion, that the circumstances reasonably indicate that an effort to resell them will be unavailing and for the price of goods specially manufactured for the buyer.

Prices shown do not include any sales, excise, or other governmental tax or charge to be remitted by Seller. Any taxes now or hereafter imposed upon sales or shipments will be added to the purchase price, and Customer shall pay any such tax or provide Seller with an acceptable tax exemption certificate. All prices and other terms provided to Customer shall be kept confidential by Customer except to the extent that Customer is required by law to disclose the same. Warranty; Limitation of Liability. Seller warrants that the goods sold hereunder are new and free from substantive defects in workmanship and materials, and that the goods supplied shall be of fair average quality in the trade and within the description of the contract.

If the goods do not and cannot be made to conform to the warranty, seller shall either furnish substitute goods with the same warranty or, at the sole option of seller, all payments made or security given on the purchase price shall be refunded to Customer. The exercise of either of the options stated above shall constitute a settlement in full of all claims of Customer for damages, and shall operate as a release of all claims for damages of both Customer and seller arising out of this agreement.

No other warranty, express or implied, is made by Seller, and none shall be imputed or presumed. Customer waives any and all negligence claims it may seek against Seller arising in connection with performance or nonperformance under this Agreement. Jurisdiction; Venue; Governing Law.

What is negligence?

Customer expressly agrees jurisdiction and venue for any legal action related to or arising under this Agreement may be in the state or federal courts of: a the location where this Agreement is signed, b the location where the materials at issue were purchased, c the location where the materials were incorporated, d the location where payment should be remitted, e Lake County, Florida, or e as otherwise provided by law with Seller having the sole right to choose among any of these jurisdictions and venues for any dispute related to or arising under this Agreement.

This Agreement shall be governed and construed exclusively by the provisions contained within this Agreement and in accordance with the laws, including the Uniform Commercial Code, of the jurisdiction in which Seller chooses to bring a particular action without resort to the principles of conflicts of law, and any right to object to such venue or to assert the inconvenience of such forum is thereby waived. Conditions, understandings, or agreements other than those stated herein, and all prior proposals and negotiations are merged within and superseded by this Agreement.


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These Terms shall be binding upon the parties and their respective heirs, executors, administrators, successors, assigns and personal representatives. Additional or different terms and conditions that alter or modify these Terms are expressly rejected by Seller and are not binding upon Seller unless an authorized representative of Seller specifically accepts the additional or different terms or conditions in writing. Seller specifically rejects any contrary Terms contained in any lien waiver document where an authorized representative is coerced into endorsing in order to receive payment for a debt, especially with reference to indemnification and warranties beyond that which are provided in this Agreement.

If Customer fails to comply with these Terms, Seller may terminate or restrict any order immediately upon notice to Customer. Customer certifies that it is solvent and that it will advise Seller immediately if it becomes insolvent. Waiver of Jury Trial. The parties waive trial by jury in any action to enforce this Agreement. If any one or more of the provisions contained herein is held to be unlawful, or unenforceable, the provision will not affect the enforceability of any other provision of this Agreement, which shall remain in full force and effect.

In such event, this Agreement shall be construed as if the illegal or unenforceable provision had not been included in the Agreement. Insolvency; Change in Control.

Customer and Seller are the only intended beneficiaries of this document and there are no third party beneficiaries. The Terms shall survive termination, cancellation and completed performance of this Agreement as long as necessary to allow the aggrieved party to fully enforce such clauses as contained therein. The Customer certifies the information contained in any credit application agreement submitted to Seller is correct, that it is submitted for the purpose of obtaining credit and will be relied upon for that purpose. Delinquent accounts shall bear simple interest at the rate of 1.