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Employment Law Problem Question...?Employment Law Problem Question Advice to Arinder A detailed examination of the restrictive covenants in Arinder’s employment contract will be made. Restrictive covenants that are triggered after the termination of an employment contract are considered a restraint of trade per se and anti – competitive. Such covenants are void, as they violate public policy. If the employee challenges the validity of such a covenant, it is the responsibility of the employer to prove that the covenant is justifiable.1 PPP will have to defend the use of their restrictive covenant should Arinder contest it. Agreements that prohibit employees from working for a competitor, after the termination of employment are fundamentally void. These covenants... the...
13 Pages(3250 words)Coursework
R v Adomako, Law case.... The Court of Appeal discussed the tests on involuntary manslaughter when related with questions of gross negligence in dismissing the case and upholding a conviction. The court was faced with confirming that the violation of the duty of care resulted into the death of the victim. It was also important to find out whether the breach of the duty resulted to the death thus justifying a criminal conviction. The appeal was thus dismissed as it failed to convince the judges of the Court of Appeal to have satisfied the test of gross negligence in manslaughter cases (Erin and Ost 2007, p.19). The House of Lords was to ascertain what established criminal negligence, whether it was by gross...
6 Pages(1500 words)Essay
Contract law problem question...that there was an offer and an acceptance. The question remains whether there was consideration.
The general rule is that there has to be reciprocity between the two contracting parties i.e. that a promise should not be able to get anything unless he gives or promises to give something in return to the promisor [Curie v. Misa (1875)].
In our situation, in the agreement between SE and Jayne, SE promised to give 4,000 and in return Jayne attended the training conference. There is however, the issue of the consideration being adequate and whether performance of contractual duties could form sufficient consideration. In the case of the adequacy of the consideration, the law is quite...
10 Pages(2500 words)Essay
Criminal Law: problem analysis...Criminal Law Order 161674 Deadline: 2007-04-03 16:01 Style: APA Language Style: English UK Grade: 2 Pages: 8 Answer: This problem question raises some issues from homicide, inchoate offences. In order to answer this question it is necessary to discuss transferred malice, conspiracy, and mens rea of Ben, Carl and Drew. The criminal liability of Ben, Carl and Drew is discussed bellow.
Gabrielle and her personal trainer, Carl may be liable for conspiracy. At common law the offence of conspiracy was committed where two of more persons agreed 'to do an unlawful act, or to do a lawful act by unlawful means'...
8 Pages(2000 words)Case Study
Problem essay - law - criminal law...0421947802].
5) Odgers, "Criminal Cases in the High Court of Australia (McAuliffe v McAuliffe)", (1996) 20 Criminal Law Journal 43.
6) Farrier, D. 1990, "Criminal law and pollution control: The failure of the Environmental
Offences and Penalties Act 1989 (NSW), Criminal Law Journal, vol. 14,
7) A Case Study in the Insanity Defense- The Trial of John W. Hinckley, Jr., 3dBy John C. Jeffries, Jr.; Richard C. Bonnie; Peter W. Low; Anne Coughlin Publisher: West/Thomson/Foundation Press (March, 2008) ISBN: 9781599413846
8) Cases and Materials on Criminal Law and Procedure, 3d...
8 Pages(2000 words)Case Study
Criminal law problem question...CRIMINAL LAW PROBLEM QUESTION - ACTUS REUS Actus reus, put simply, means 'a guilty act'. This must be present for an offence to have been committed. In the case of murder actus reus must be an act that results in death. In the case of manslaughter, this can be performed in a commission or an omission resulting in death. The most common definition of the actus reus in murder is provided by Edward Coke, who states -
"When a man of sound memory and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King's Peace, . . . so as the party wounded, or hurt, et cetera, die of the wound or hurt, et cetera,...
6 Pages(1500 words)Case Study
Criminal Law Problem question.... In view of the foregoing reasons, Edward cannot be held criminally liable for unlawful act manslaughter because Edward was merely involved in the supply of a controlled drug which was later subsequently self-administered by Lisa to whom it was supplied freely and voluntarily. Under the facts in the given problem, Lisa appears to be a fully-informed and responsible adult.
Moreover, Edward and Sarah cannot likewise be held criminally liable for Lisa's death upon a charge of gross negligence manslaughter. In the case of R. v Khan (Rungzabe)4, it was ruled that that "manslaughter by omission was a type of manslaughter arising from a breach of duty coupled...
8 Pages(2000 words)Essay
Criminal Law - Homicide:Murder Problem...be motive of Gordon could be regarded as an aggravating factor for the attack, which would increase the possibility of a more severe charge being brought against Gordon.
Bibliography
Allen, C, Practical Guide to Evidence, 2nd Ed, 2001, Cavendish Publishing
Ashworth, A and Blake, M The presumption of innocence in English law [1996] Crim LR 306
Cook, K, James, M, and Lee, R, Core Statutes on Criminal Law, 2006-2007, Law Matters
Elliott, C & Quinn, F, Criminal Law, 3rd Ed, 2000, Pearson Education
Glanville Williams, Textbook of Criminal Law (2nd ed 1983), London: Stevens & Sons
Herring,...
6 Pages(1500 words)Essay
Criminal law problem question... to Siegfried satisfying the condition set out in R v Newbury and R v Church9. The act also satisfies the condition set out in R v Ball that the act need not have been target at Vince for it to constitute the actus reus of manslaughter10. Therefore, the court would easily find Barry liable to the crime of involuntary manslaughter. The fact that the original act was unlawful denies Barry access to a viable defence.
Bibliography
Case law
DPP v Newbury [1977] AC 500
R v Ball [1989] Crim LR 730
DPP v [1977] AC 500
R v Church [1966] 1 QB 59;
R v Lowe [2002] UKHL 46
R v G & R [2003] 3 WLR
Roper v Knott [1898] 1 QB 868
Legislation
Violent Crime Reduction Act 2006
Criminal Damage Act 1971 s.1(1)... Criminal law...
3 Pages(750 words)Essay
Contract Law Problem Question....; Crystal, N. M.; Prince, H. G., Problems in contract law: cases and materials (Aspen Publishers/ Wolters Kluwer Law & Business 2007).
Liu, C.; Newman, M. S., Remedies in international sales: perspectives from CISG, UNIDROIT principles and PECL (Juris Net 2007).
Meyer, L., Non-performance and remedies under international contract law principles and Indian contract law: a comparative survey of the UNIDROIT principles of international commercial contracts, the principles of European contract law, and Indian statutory contract law (Frankfurt am Main 2010).
Notes to the PECL: Article. 8:101
Notes to the PECL: Art....
10 Pages(2500 words)Essay