Law Essays

Rehabilitation should be the primary purpose of sentencing with respect to the criminal justice system of the United Kingdom. Rehabilitation is an intervention that is seized with reforming convicts, as well as the social conditions that promote a criminal culture. It has been acknowledged that crime, poverty, and drug abuse are correlated. 

The common law of misrepresentation is a contract law that takes into account the false statement of fact made by one party to another during the agreement. Misrepresentation can affect the contract's legitimacy. Nevertheless, there is a particular threshold that must be met for the law of misrepresentation to be used.

Rohit, Ariel, Charn, and Levi can start the company to market the medical app as either a company limited by shares or as a partnership. A company limited by shares is a popular business entity in Australia and elsewhere in the world. The reference to limited by shares means the liability of shareholders in the company is limited to the amount of capital contributed.

The enactment of the Human rights Act 1998 (HRA 1998) was a great moment in the legal and political history of the United Kingdom. This was attained through the incorporation of the main provisions of the European Convention on Human Rights (ECHR) into UK domestic law (Bosma, 2000). The act made it possible to shift the UK approach on human rights from residual liberties to positive rights (Elliott & Quinn, 2009).

Homer may sue and claim the pain and suffering that she underwent when the fryer exploded and caused her serious injuries. In Donoghue v Stevenson it was established that in order to prove negligence it must be proven that the plaintiff was owed a duty of care, there was a dereliction of the duty, the dereliction caused injury and the plaintiff suffered damage that resulted from the breach.

The sales of Goods Act recognizes sales to a consumer if goods are bought for private use or consumption. As per section 62, if a person does not buy and hold himself as buying in the course of a business, it is considered a consumer sale. There is no monetary limit on the value of goods bought in a consumer sale under this Act.

It is universally basic and fundamental in the legal context that whoever causes damage to another is under obligation to compensate for the resultant injuries if the actor did so either by an act, omission, or misdeed each of which embodies fault, imprudence, or negligence. The action or the want of it may constitute a crime or a quasi-delict.

Statistics show that among the fatalities caused due to road accidents, the most risked group is the youth between 17-21 years of age group. They are the most vulnerable due to various factors and need counseling, parental supervision and community support in addition to strict laws to regulate the on-road behaviour of the youth.

As a legal officer in a law firm, it is important to represent the facts of a legal case and come up with suitable recommendations in undertaking the case before it is taken to a law court. In this scenario, we take a look at Dale who has filed an affidavit against one of his partners seeking compensation. As lawyers, we have to look into the affidavit before necessary actions are taken.

The right to torture or the protection against torture is a key element of the Universal Declaration of Human Rights. Article 5 of the Declaration states “No individual should be subjected to torture or to inhuman punishment or treatment” (Puybaret, 2008).  However, despite the protection against torture in the Declaration, there is a lot of debate and controversy regarding the use of torture.

This article examines the law underlying a successful claim of negligence. Essentially, for a successful claim of negligence, four elements have to be satisfied, which the plaintiff must prove based on the balance of probabilities. The first involves proof that the defendant owed the duty of care to the plaintiff with regard to the extent of damage or detriment that the applicant suffers.

Identification evidence is evidence used in the court whereby the suspect is claimed to have been seeing do the crime. This is where witnesses are used to identify the person through a parade, photos, videotapes, or word of mouth where the witness claims to have seen the person on the occasion of the crime or the accused used him or her to hand over the stolen goods.

In Australia, income tax may result from income that employed individuals are paid, business activities as well as capital gains. In the case of Allan and Betty, the three types of income tax are evident. First, Allen and Betty are employed, and their employers are expected to deduct tax income and then remit the amounts to the relevant authorities.

Over the years, the criminal justice system of Australia has been battling with the perennial concern of what to do with dangerous sex offenders and their likelihood of reoffending (White and Perrone, 2015. This issue has been intensified by the rising publicized incidents of sexual offenses and the societal concern over safety.

The Sentencing Advisory Council describes mandatory sentences as a fixed penalty that the parliament prescribes for offenders who commit a criminal offense (Hoel & Gelb 2008, p.3). Mandatory sentencing remains a contentious issue, as it continues to create extensive debate and divisions in communities and the government.

In the spencer vs commonwealth of Australia case, the plaintiff argued that the commonwealth did not remunerate him as required since he valued the land at a higher value as opposed to what he received. In agreement with the fact that value indicates an existence of a willing buyer and seller, some modification of the rule was instigated in order to make it applicable to the case of the land that has a unique value.

The law enforcement sector in Western Australia has been faced with corruption for a long time. Worldwide, the same scenario has been experienced in law enforcement agencies with police officers in eighty-six countries being charged with corruption (Aldous, 2014). Transparency International has termed the police sector to be the fourth most corrupt public institution.

It is essential to state that this case or issue can be discussed and a solution provided under the use of tort laws of negligence and negligent misstatement. A tort can be described as a wrongful act, also referred to as omission, which results in a civil action in a court of law against the party that has acted.

Arbitration is a legal term that is commonly used in resolving disputes amongst parties outside the court's purview. It is the responsibility of the stakeholders to enforce the decision of the arbitrator in letter and spirit. It also includes the form of settlement that comes out through a neutral third party.

Generally, anti-competitive behavior in the market makes it possible for companies to abuse a particular dominant market position. Consumers ultimately end up paying higher prices for goods or have their options for goods and services narrowed as a result of agreements made between particular businesses.

The world war brought about complete destruction along with itself. Seeing that the United Nations organization was brought into action. This was a successor to the League of Nations which was an insurrection at the end of the First World War. Despite the utmost efforts, human rights violations are on display.

The Oscar Pistorious case caught the world by storm. It was expected. A world-renowned double amputee who barely a year ago had been a marvel to watch at the London Olympics was now in the news for all the wrong reasons. Details trickled in of a shooting incident at his home in which his girlfriend, a model was fatally wounded.

Planning and organizing large events such as weddings can be a challenge to the organizers. The organizers need to involve other parties to take care of issues such as the venue arrangement, entertainment, equipment and catering services. It would therefore be advisable to hire an events organizing company that handles all the plans for the event as well as offering consultancy services.

Stare decisis is essentially precedent doctrine. The court of law cites it when dealing with an issue that had been previously in court and whose ruling was already issued (RE, 1977, p. 56). It is a literal rule that states that it is not legal to impersonate anyone who is entitled to vote. It is illegal to impersonate any person entitled to vote. It further states that someone who is dead has no right to vote.

The research uses secondary, data that has already been collected. Examples of secondary data used in the research include organizational data and data collected through qualitative research. The research uses secondary data because it saves time, especially the time required to collect the raw data necessary to make findings.

The law applied in the business activities' governance is referred to as the common law. It is used in the relations, behavior of people and rights in business practice. The law is thought to be a branch of civil regulations and applies to both public and also private law. The components of commercial law are the transport by sea, agent and principal, shipping merchants, bills of exchange and also partnership.

The case study attempts to clearly explore the concept, and significance along with various provisional aspects associated with the principles of tort of negligence. For a better understanding of the same, the study determines to provide an in-depth overview considering one of the renowned legal cases i.e. M’Alister (or Donoghue) (Pauper) v Stevenson.

It is essential to state that there is a Common Law legal requirement for dividends to be paid from profits. This implies that there is a need for the owners to be given their dividends separately from the work they do for the firm. This is because a business has a separate existence from its owners.

The majority of the media in the United States is owned privately. Although there are some public television channels and radio frequencies that get their funding and dictations from the government, as compared to private firms, they hold a small market share. Due to the enhanced competition among certain TV channels in recent times, there has been a considerable drop in the trend of newspaper agencies and newspaper reading in the U.S.

The standards associated with the 29 C.F.R. § 1926.105(a) principally protect the safety needs of the workforce, within the workplace, from any hazardous condition erupting due to faulty infrastructure or usage of any harmful equipment or chemical in absence of appropriate protective measures (United States Department of Labor, 2014).

Generally, the conventional starting point for the study of any case in criminal law is the set of elements that make up the criminal offense, also known as actus reus. This is also known as prohibited or forbidden conduct but a more accurate description would be the external factors related to the offense.

I know Kevin as a close friend, as well as one person, who can know another. He played a big role in helping me to get sober in 2002. We both attended an alcoholism meeting together. With respect to that, we shared our most sincere feeling. For ten years, we skied, hiked and traveled together, often with my family.

RVM is a well-known provider of data forensic and litigation support services, and also a provider of legal technology consulting services. Considering the cases of R V M and another [2009] EWCA Crim 2615, [2010] 4 All ER 51, it is found out that they were appeals that had been posted in the court. 

The common law of England with respect to contracts categorizes contracts into three; specialty contracts (written, signed, sealed), contracts of record, and simple contracts (agreements enforceable by courts). However, the common law of England commonly what is referred to as the ‘law of contract’ dwells much on simple contracts.

It is quite unfortunate that some people are not always honest when giving pledges or even promises in cases where transactions are taking place. It is for this reason that many governments have tried to rule over business transactions in an attempt to protect the innocent from fraudulent businessmen.

The legal issues and circumstances surrounding the question on Harold can be looked at from different perspectives. The main issue to be looked at in this scenario is the rights and obligations of employees. Employees such as senior executives are hired by the board of directors and they sign a contract with terms and conditions.

Generally, illicit traffic of drugs and psychotropic substances has for a long time been a threat to the economies and humanity of many communities across the globe. Saudi has not been exceptional in this regard and just like many other countries, she has tried tirelessly to curd this practice (Bolt, 2007).

In general, obligation refers to the responsibilities which have to be fulfilled by a party and these obligations can in some cases incur penalties if they are unfulfilled. However, the obligations of the parties vary and hence there are different obligations accruing to both the owner of the train, the operator of the train and the affected parties.

Basically, a legally binding contract has fundamental elements but it should also have the capacity as well as legal purpose. The elements of a contract consist of mutual consent, consideration, offer and acceptance. Any contract lacking these aspects or capacity and legal purpose is not a legally binding contract. The most crucial aspect of a contract is that one party makes an offer while the other party accepts the offer.

The partnership was dissolved through the court and it is on this date that the court found and ruled that the conduct of one of the partners was detrimental to the business and thus the dissolution of the partnership was found to be fair and equitable. The partner had not been making required contributions to the business and hence the court found that the partner’s conduct involved partnership neglect.

George was able to see Malcolm’s two pets, and thereafter they discussed the rates of taking care of the two pets. In the conversation, Malcolm mentioned he was going to present the rabbit at a show in Melbourne where the winner will walk away with 10,000 dollars. George told Malcolm he was able to take care of the two pets and even quoted the rate of taking care of the pets at $100 per day (700 dollars per week).

Generally, the importance of selection as a human resource function is founded on the performance as well as the production value that a particular firm is bound to get from good hires and the high costs which are bound to be incurred in the replacement of employees following bad hires (Kokemuller, 1).

This is the section that stipulates the general duties of employers to their employees. This general duty include requires, as stipulated within the section that it will be the responsibility of every employer at the workplace to ensure the safety of the employees. It adds, “so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

The exchange of promise creates an enforceable agreement and the law that governs contracts ensures that they establish the facts of contract law including an offer, acceptance and consideration to consider whether an agreement is binding. However, minors may probably not enter into a contract. This is also the case with mentally ill and a person without the legal capacity in entering the contract.

Whether Joe can rescind the contract and get his money back from Harry will depend on whether there was innocent misrepresentation by Harry. The misrepresentation here can only be innocent since the seller was unaware that the piece was not authentic. Misrepresentation is deemed to have occurred where untrue statements regarding facts that are substantial are made and end up provoking another party to agree to a contract.

We have learned in the last four topics about the nature of law and case studies of the Australian legal system. It is clear from the study that principal and subsidiary legislation takes precedence over common law in resolving legal disputes between individuals or between a state and its citizens. If there is no legislation, then Common law (case law) is applied.

It is essential to state that contracts for services are legal agreements between two or more parties, in which one side will agree to provide services mentioned in the contract for the sake of some fee, depending on the nature of the document sign by the parties. This agreement is usually governed by common law.

Before 1974 more than 9 million workers in Britain had no legal health and safety protection in the workplace environment. The Health and Safety at Work Act 1974 (HASAWA) provides the legal framework to stimulate, promote and encourage high standards of safety and health in the workplace. It protects the public and employees from workplace activities. 

A company incorporation law is an artificial person created by the law capable of creating contracts, acquiring property, suing, and being sued. The legal obligations that are imposed once a company has been incorporated apply with no derogations. Liquidation, winding up or dissolutions occur when a company is unable to effectively service its liabilities and pay its creditors.

HSWA Act 1974 is the general duty of care and requires that: “It shall be the duty of each employer to make sure, so far as is logically feasible, the health and safety, in addition to welfare at work, of all his employees” (whsmconsultants /WHSM- Requirements. N.p, n.d. Web. 24 May 2013<http://whsmconsultants.com/?page_id=179>.)