Law Essays

The problem with capital punishment arises with discriminatory or capricious distribution among the guilty, but this problem cannot justify capital punishment's abolition. Discrimination between white and black skin coloured criminals on the infliction of capital punishment does not make the penalty unjust.

According to the judge, the potential commission of an offense under LASPOA 2012 could not stop an applicant from establishing a title by adverse possession. As a result, Best was able to proceed under Sch.6 LRA 2002, but there may be an objection before he acquires the title. The Registrar had based a case of R (Smith) v Land Registry that indicated that obstruction could not support a claim to adverse possession of highway.

It is quite essential to state that in this case scenario, Rita and Isla should file complaints with the civil courts for wrongful dismissal. Mr. Gordon, who is representing Caring Community Ltd, who is an employer of both Rita and Isla, has breached legally imposed terms hence illegally dismissing them.

The sale of goods is a contract that involves at least two parties; that is a buyer and a seller. For a contract of sale of goods to exist, there must be a product to be sold and a price assigned to it. There are certain rules and regulations that must be followed for the sale and supply of goods to be legally bound. Actually, both the consumers and sellers must adhere to the established laws regarding the sale and supply of goods.

Controversies also present themselves about the whole family situation, especially about whether the undertakings by each family member is legally acceptable or not and whether there are unmet legal obligations vested in each party and in this case on the family members. 

Whilst the three aforementioned entities will ultimately receive individual attention in formulating the agreement, they must also receive a collective assessment, and each must be present and in sync to enable the inherent balance of a contract. If either one or more of the three requirements are not present, then the contract, whether oral, written, or implied, will be deemed invalid.

The goal of State aid supervision is, as it is stated in the original agreements of the European Communities, to make sure that administration interference does not deform competition and business. Thus, State aid is determined as a benefit in any form whatever is awarded on a discerning foundation to activities by nationwide community establishments.

Generally, the case of Mohamed et al. v. Jeppesen Dataplan, Inc. is a good illustration of how government or state matters should be handled. The issue which was presented in this case was whether the court of appeals can correctly affirm the lower court’s decision to dismiss cases at the pleading stage.

The legal basis upon which European Union Law is founded comprises mainly the European Community (EC) Treaty and associated conventions between the Member States, such as treaties of accession, EU legislations (including Directives and Regulations) and rulings of the European Court of Justice (ESJ), among others.

Rosita had indulged in conduct that was detrimental to the company’s interests. Moreover, Rapster can terminate its engagement with Mentor for the latter’s failure to control its employee as per the agreement between them. Additionally, Rapster can obtain an injunction, against Rosita to protect its business interests. 

The contract between Hamid and Speed Connect embodies the key elements of a valid contract. It meets conditions such as intentions to create legal relations, capacity, and offer, and acceptance. Nevertheless, on grounds of fraudulent and negligent misrepresentation, Hamid can be able to prove that his contract with Speed Connect is invalid. 

Founded in 1877, Cleveland Bridge UK Ltd is an English company based in Darlington renowned the world over. The company is in the business of building bridges and structural engineering. Some of the famous bridges they are responsible for the building include the Humber Bridge and the Victoria Falls Bridge (Clevelandbridge.com 2015; Smale 2002).

Elaborating on the facts presented, the law has provisions that income from Stephanie and Ronald, including the personal exertion as those which consisted of their salaries of $80,000, commissions, earnings, wages, fees, bonuses, gratuities, superannuation allowances, pensions and allowances should be considered as assessable income.  

As per the above-mentioned instances, the decision regarding this particular case too should be in favor of the passenger and as such, all the compensations have to be paid. Qantas cannot just make their irresponsibility to safeguard with the help of the note made behind the ticket. On an ethical basis, the case comes in favor of the passenger.   

Regarding the earth-moving machines, the doctrine of frustration will not come to Adam’s rescue. He has to make alternate arrangements for completing the work within the stipulated date. Damage to one of his machines will not frustrate the contract, since it is foreseeable and could have been avoided.  

The scenario entails a situation where Ali, who is a building surveyor for a municipal council, decides to sell his house to Mary. Though the house was never in good condition, and even after realizing this, Mary proceeds to purchase it. The garage appeared to be leaning to one side and had patches that looked like rust on two of the corner braces

With the understanding of the above laws regarding terrorism in Australia, Janey may be charged under the Suppression of the Financing Terrorism Act 2002. This is attributed to the fact that due to her naivety and desperate situation, she readily agreed to leave a bag outside Parliament House.  

The plaintiff must have full knowledge of the nature and the extent of the risks that they ran), the defendants are faced with a hard task to prove that James had full knowledge of the nature and the extent of the risk involved, therefore considering the circumstance of this particular case, the defense of violent nonfit injuria must fail.  

Don is liable for a civil offense as the move to award the contract to Myco where he is a shareholder contravenes section 182 (2). Don abused his position as director of Coco, to gain an advantage for himself. Don’s actions were also intentionally dishonest, meaning his conduct attracts criminal liability.

While ensuring the implementation of the due process model, CPS faces some criticism also. There is a criticism that the crown prosecutors depend too heavily on police evidence, without reviewing cases independently, (FN 11) but there are suggestions that crown prosecutors merely endorse the sometimes rather ‘subjective’ exercise of discretion.

For co-habitants who have spent so many years together without the blessings of marriage, it is often unfair for the parties to come out as having no share at all in the properties which they both enjoyed while they were together. The properties that they bought during their cohabitation is deemed to be their joint properties.

The current status of their relationship is that Imran harbours unfounded suspicions regarding Harminder and is convinced, though wrongly, that she is having an affair. He had accused her in this regard several times and had also followed her on many occasions.

The Working Time Regulations 1998, which introduced a comprehensive scheme of limits on working time for all workers, whether or not they are referred to as “employees”. Joshua is to opt-out of the maximum working week. Now the question arises that whether the conduct is a breach of Working Time Regulations or not. 

Section 20 of the Sale of Goods Act 1979 or SGA, provides that any risk arising from loss, damage, destruction, or deterioration of goods is to be borne by the person who has property in these goods. There could be an agreement between the parties, whereby such risk is not to be borne by the person who has property in the goods.

Fizzade will share liability with the College since it was held that it would be foreseeable that if a horse had been set loose in a crowd someone might get injured in seeking to run the horse down. The same principle would be applied to a forklift left unattended with the keys in the ignition while students were touring the grounds.

The cumulative impact of the sales together with the negligent conduct of the loans render the directors individually and collectively unfit to manage a company.  For this reason, they should be disqualified under the Company Directors Disqualifying Act 1986 for at least the minimum period of two years.

Since James did in fact spend 8,000 pounds of the loan pursuant to the terms of the loan agreement those funds will not be subject to a claim of misuse of trust funds by Fame. There is a total of 8,000 pounds misused by James, 5416 that can be traced to this general bank account and as such can be recovered by James’ trustees.

The issue that is involved in this case is Lionel’s negligence in pulling out of a side road without paying attention to the traffic on the main road. Negligence has been defined as “the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do.”

The New Oxford English Dictionary meaning of “search” is “to try to find something by looking or otherwise seeking carefully and thoroughly” or “to examine (a place, vehicle, person) thoroughly in order to find something or someone.” It would seem that the majority opinion in Olmstead could find an alliance in them. 

As we know that Federal court has jurisdiction over cases that either involve “Federal Questions” or there is a “Diversity of Citizenship”. There is a diversity of citizenship among the plaintiff and defendant since both the citizens are residing in different states. The subject matter is a non-federal question, but yet the case will be held in Federal court since the second clause holds valid.

A contract is an agreement which is enforceable by law and which creates rights and duties between the parties involved. This can also be a promise between two parties that one or both of them has to do something for the other in return for something. This is binding and legally enforceable if the agreement has been made.

The seller agrees to give the buyer the goods or services needed upon the agreed money value. Upon reflecting on Icebox Terry and Furniture world scenario, it is evident that there exists a sales contract between them as more sales contract elements are exhibited in the scenario. A sales contract must identify the contracting parties and specify the buyer and seller.

A director should divulge his interest when he ought practically conscious of the conflicting interest in any business transaction. Further, the general rule as prescribed in s 175(1) restricts unauthorized clash of personal interest of directors with that of the company but not in duty to the company as decided in the case Bray v. Ford.    

The Border patrol unit believes its mission is to arrest and prosecute people who enter into the United States illegally. The ICE maintains that security operations go beyond arresting and prosecuting offenders. It involves tracking down their leaders by allowing them to conduct their illegal activities under the watchful eye of law police.

Counselors mostly have controversial decisions about the matter because on the one hand they recognize the ethical breach when teachers violate the privacy and surveillance of their students and on the other hand, they have to understand the reasons for the breach from both the students’ and the teachers’ viewpoints.

In order to determine whether or not the sale of alcohol to the minors constitutes a minimum contract, the court will analyze the availability of a business relationship to constitute a legal contract. Firstly, in the state of Idaho, any beer manufacturer domiciled outside Idaho can distribute beer in Idaho.

There are basically four components of English property law. Those are English Land Law for Real Property, English Trust Law, English Personal Property Law, and the United Kingdom Intellectual Property Law. A chattel is frequently referred to as the fittings; however, the term fitting does not go at pa with the legal terminology. 

It is always perceived to be something that others should not know especially anything that happens in one’s life. Questions might arise as to why people do not want others to know about their issues. It may be due to the fact that they fear other people doing the same thing or may face rejection once whatever they are doing is discovered.

The paper is an analysis of a case between Manuel and a computer games supplier. The former individual is the husband of the supplier’s client. He was required to guarantee lease payments in case his wife defaulted. This latter situation has arisen but the client’s husband is unable to meet his obligations.

The English case of Smith v. Hughes (1871) LR 6 QB 597 emphasizes that the important thing is not a party's real intentions but how a reasonable person would view the situation.The contract or offer was completed when Craig decided to the receipt from the Drycleaners with the terms and conditions on the reverse side of the receipt. 

This case involved a product liability claim against a helicopter manufacturer. According to the claimant, the helicopter crashed as a result of contact between the tail in flight and the tail rotor. The claimant’s attorney had to prove that indeed there was contact between the two. The trial judge agreed and ruled that the helicopter had design defection which is a violation of the Federal Aviation Regulations.

The adjustments in the framework of employment law continued at their normal pace at the dawn of 2004 in Britain. New measures on matters such as sexual harassment, disability discrimination, and unequal pay have been introduced. High numbers of significant cases regarding disability discrimination and employment matters have been decided by a court of appeal.

The case study in this assignment involves two parties, Georgia and Malcolm, who decided to enter into a contract. Malcolm was leaving his home and required to hire a home pet care and so he contacts Georgia to do the work. Georgia guarantees Malcolm of good and professional work during the time he is away.

In a perfect business world, disputes can be prevented from arising between two persons or companies if they entered into a contract (an agreement) so that both sides would be pleased or benefit from the outcome. But in the real world (business), mistakes, delays, fraud, negligence, financial problems, misrepresentation, and many other unpredicted events can slow or even prevent a successful contract between the two parties in question.

The right to shelter is a basic human right and its depravity is considered a violation of basic human rights. In the UK, homelessness is perceived as crucial to the nation’s economic development whereby the UK economic plan addresses the issue of providing affordable homes to the majority of the nation’s population.

It is essential to state that in this case, Malcolm made an offer to Georgia and she accepted the offer. However, during the signing of the contract agreement that Georgia sent Malcolm, there was no concurrence of wills because Malcolm did not even read the contract details and signed it while in a hurry.

Gerry is a financial advisor at ‘Tom and Gerry Limited’ and is a financial advisor to George’s business in which Kosmo is an associate. Gerry had advised George, a business associate of Kosmo that investing the Facebook’s initial public offer is a good investment opportunity for George’s business to invest in. 

Violation of patents, trademarks, copyrights, and other intellectual property can slow the growth of an economy and affect its performance. Implementation of intellectual property rights and regulative legislation to protect these rights solves the violation problem and protects the general economy from retarded growth.

Initially, John agrees to build an extension to Chen’s house, and at that time the two parties enter an agreement. Since the prices of the building materials were changing every week, determining the exact cost of the extension by the completion of the construction period was somewhat difficult because of the weekly increasing cost of materials.

Mason, John, and Janice wined and dined indiscriminately on a Saturday night. Intending to continue the celebrations, they purchased two bottles of French champagne and repaired to the Lookout Point, which was located on a hilltop. There was no warning signboard and protection was provided solely by a two-metre-high fence.