Business law

Assignment II
Tatiana Monserrat Penella

2.- What are the main duties of a company director? How can he be
protected from the resulting liabilities?

Directors are charged with the day to day running of the company. They
normally have extended power. As well as corresponding duties and that
some major decisions will need the consent of the members like the
shareholders.

Shareholders: their powers are set out in the articles of associations of the
legislation.

They can protect from the resulting of liabilities with the conflict of
interests like the shareholders may vote as they with conflicts of interest
notwithstanding. However there are some limits to this. A shareholder
may not commit a fraud on the minority.

4.- Explain the main characteristics of the three most common kinds of
charter party. What is a maritime lien?

Internal waters

Territorial sea

Contagious zone

Exclusive economic zone

The high sea

Base line ( the normal base line is the law of water along the coast, as a
marked on the recognized charts)

12 meters territorial (national airspace)

24 meters continuous

Freedom of navigation

Piracy illegal

Slave trading illegal

Unauthorized sea broadcasting

Drug trafficking illegal

Freedom of over flight

Freedom to lay sub name cables and pipelines

Freedom of scientific research to contract artificial island

To over fly a country you have to make an agreement with the countries.

8.- What is the meaning of easements, profits, and covenants? What are
the main rights and obligations attaching to land?

Easements: aright enjoyment by the owners of land owner neighboring

land
Example
Right of the way
Right to right
Right to support

Covenants: clauses in leases contracts which limit the way in which land
may be used can be:
Positive obligations to repair
Negative providing certain use
Sometimes they may also affect freeholds
It is possible sometimes to get rid of them applying the land tribunal

Profits: technical name: profits a render

Rights to take something from someone else land
Examples:
Fishing rights
Collection of wood
A difference with easements: the beneficiary does not have to be the
owner of neighboring land

Note many duties under health and safety legislation

In addition the common law imposes a number of duties
Not to injure persons on the highway by allowing the harmful situation to
develop on the land
The same repressions on an joining land
To those on the premises: reasonable care so that a visitor is reasonable
safe in using the premises
It is variable duty higher for children, law for professionals
Liability may be avoided by posting a warning