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The limited companies in the UK, it can be ascertained that under the provision of the Companies Act 2006, a company must be treated as a separate and artificial legal entity. As per this doctrine, the shareholders and directors of the company are entitled to enjoy limited liabilities for the repayment of the debts of the company.
Such a directive needs to be founded on the fact that it is towards the achievement of a legitimate aim, through proportionate means. Case examples would be the – R (Seymour Smith) v Secretary of State for Employment [2000] ICR 244 or Enderby v Frenchay Health Authority (C-127/92) [1994] ICR 250 cases.
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Pepper v. Hart became a subject of intense debate even before the dust had settled on the decision. Lord Steyn an eminent jurist criticized the Court for allowing Hansard (correctly titled as the Official Report), called for a narrow interpretation of the decision, and advocated limiting it to cases of executive estoppel.
The European Commission also engages with directives, since it is tasked with ensuring that member states pass necessary national legislation in the right manner. The European Court of Justice also engages with directives in that the Commission takes legal action against non-complying member states at the Court.
European Union is the association of European nations to form a body that addresses European matters. The European Union is expressed by certain institutions. An increase in the union's responsibilities and tasks has led to its institutions growing and increasing in numbers. There are five main institutions (Adams, 2006).
On the contrary, the application of the common and equity laws will not allow future judges to have case points that can help them in deliberating rulings in cases that may have similar facts. Though not all, cases tend to have relatively similar facts and may also attract a similar result in terms of judgment.
This case merit to be taken to court. It is unconstitutional to deny a child food and also to cause physical harm. Investigation reveals that indeed Emily faced physical harm and malnutrition. That implies that her parents must face the consequence by facing those charges in court. It is only the court that will decide the fate of Emily’s parents.
For example, church leaders should establish programs in the church to enable the church to prevent delinquent behaviors among youths. Some of the programs include hosting youth rallies whereby, youth may be taught about proper behaviors and at the same time provide them an opportunity to interact and share their problems with teachers.
According to Lord Denning’s opinion, when damage to property due to the negligence of another, the negligent tortfeasor owes a duty to the property owner but not to the case of one who experiences loss only because he/she had a contract enabling him to use the property or giving him a right to obtain it at a later date.
In the last three decades i.e. from the period of 1983 until presently, firearms have been identified to be the prominent cause of mortality amid individuals of all age groups. In this context, the government of the US has formulated and implemented different gun control policies with the aim of minimizing crime and violence inside the country.
The Directors are bound to perform such duties and breach of law along with these duties might result in their removal along with taking actions like the imposition of huge fines. Thus, it should be noted that in any organization, Directors must act for the welfare of the business and comply with the organizational constitution as well as law.
Legal systems in various countries in the world today fall under one of the two main categories of legal systems. These are common law and civil law systems. There are about 150 countries in the world that are known to use civil law systems. On the other hand, common law countries in the world are about 80 (Zander 2004).
Groupings that are larger such as nations and continents are normally more diversified than the ones that are smaller. This does not mean that smaller groups are not diversified since even the simple families have diversity in terms of age and gender, and economic status, religion as well as sexuality.
Since the enactment, the country has made tremendous steps to protect the consumer from unfair contract terms. ACL is not new to the Commonwealth, the United States and the United Kingdom have enacted similar laws in the past to safeguard the interest of their respective consumers since they are more vulnerable to deceit and inaccurate information.
This work is an essay on Go Low, a company that develops golf courses. The company was established in 2006 by Alexander, Graeme and Rory-who have been members of the European golf tour for ten years. Starting the business required £500,000. All three personally invested £100,000 and raised the remaining £200,000 by issuing shares to the public.
In conclusion, the ACL is a very important law in Australia that seeks to protect consumers from unfair trade practices. The ACL advocates for honesty and transparency from any businessman interacting with consumers in Australia. This law is applicable to all the states of Australia, and it has replaced all their consumer protection laws.
The room was quite small and had very few pieces of furniture that included a bed, a desk and a chair. There was a small toilet area that had a toilet seat, a sink and a mirror on one side. Except for these items, nothing else was found in the room because if there were other objects they could use these to harm themselves and others too.
The Toms and Salisbury’s plans to market similar products with strikingly similar styles amount to the common law tort of passing off. The Soils can initiate legal proceedings with a view to preventing the intended passing off. In Reckitt & Colman Ltd v Borden Inc [1990] 1 All E.R. 873 the House of Lords confirmed that a three-tier test of goodwill and reputation.
Police officers are placed in direct contact with society at large and this gives them a broad level of authority as well as the responsibility to handle that authority within the guidelines given to them. This ability to have direct contact with people to help those who need it makes a police officer much more useful for society.
Emotions are more than psychological states. They are also reflections of culture and social structure... Feelings of despondency, depression, and despair are now understood to be so culture-specific that guidelines for psychiatric evaluation recommend that cultural background be considered in diagnosing the emotional states of patients.
The commonly known source of international law includes the legal provisions passed by the United Nations and its General Assembly. However, other laws also make up the overall international statutes which help ensure the peaceful and efficient relations of states and other international actors.
In the case under consideration, although Ross may be blamed for killing David, yet the blame that has been placed on him for killing Samantha is not right because what he did was an attempt to defend himself from the harm that Samantha was just about to cause him with her golf club.
They always include state law and are based on the lawful evidence that individuals are accountable, for the penalties of their behavior of causing harm to others. In addition, Tort Law includes civil suits, which are the legal action established to protect a person’s privacy rights.
The flipside of this provision has been its penchant for predisposing member states to the inability to control entry and residence within their territory. Eventually, this has led to the member states’ attempts to minimize stemming the burden that unbridled movement of persons places on them.
In every democracy of the globe, good governance is heavily dependent on Parliament, Judiciary and the Executive. However, the legal system of most democracies revolves around the written or unwritten constitution. The lawmakers passed the legislation. It is the responsibility of the competent judiciary to interpret the laws.
The law of tort can be distinguished from other forms of law. This is where it is derived from a combination of legislative enactments and a combination of common law principles. These principles arise from case laws. It can also be distinguished by the fact that breach depends on the actions of an individual and not on a previous agreement between parties as seen in contract law.
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However, this aspect of sales of tax-free goods is not available in many states or countries. It has been observed that in many states of the United States of America (US), the consumers making online purchases are required to pay the requisite sales tax amount in their respective state tax agencies.
Many countries in Europe, as well as, Canada have similar concerns. France, in particular, is presently reforming and altering how they handle immigration concerns; their reasoning, however, is rather different for several reasons.
The law of maritime claims has been promoted along different routes in civil law administration. Vessels are recognized as objects of security rights in all nations. Despite this and the fact that maritime claims are of profound commercial significance, there is a high degree of international uncertainty in the subject of maritime claims and mortgages.
Standing law is in other words; a set of rules aiming to determine if the person who starts a case for a legal proceeding is, in fact, the one supposed to do so. The public interests involve the enforcement of pubic rights which arises out of the legislation of policies requiring the public bodies to administer and conduct all the activities relating to the safety of the public.
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Despite the fact that Children have their own rights under the United Nations Convention on the Rights of the Child, the overall voice of children is relatively not heard due to different factors. Though the EU has introduced certain regulations, however, there is still a lot to be done in this regard. (Rindfuss, David, Morgan, & Kravdal, 2010)
As it appears, all other employees apart from Mark agreed to work overtime. In his submission, Mark indicated that he was not under any contractual obligation to work overtime. This infuriated Rebecca who decided to take the matter to the manager. However, it is also indicated that there was always bad blood between the two employees, and this seemed to be an opportunity to settle the scores.
The requirement of independent legal advice should not be an obstacle to banks taking vulnerable securities. It appears to be an onerous duty given that vulnerable sureties have an inherent right to claim undue influence and any number of special circumstances that would classify them as vulnerable and therefore entitle them to special protection.
Globally, the illegal drug trade is today committed to the production and distribution of drugs that are often subject to prohibitive laws. A majority of jurisdictions across the globe forbid the trade of illegal drugs except under license (UNODC 2012). The drugs that are prone to abuses are termed as illegal drugs, as to an extent, they affect a user’s perception, feelings, and behavior.
The foundation of a contract is that it is entered into by two willing parties, whose agreement intends to create a legal obligation. The fundamental elements of a contract are the offer and acceptance, which should be done by two sound individuals. Colin’s Computer (CC) is a computer garage offering repair services for computers belonging to other organizations, in return for a monthly payment.
Two centuries of research on the empirical realities of selling sex in the UK has told a remarkably consistent tale. For the most part, it is women who sell sex and men who buy it. Now, just as when Mayhew (1861) did his survey of Victorian London, selling sex is a form of economic survivalism in an environment where many women have fewer opportunities for independent financial and social security.
Owing to the repeated occurrence of the company’s breach in maintaining transparency when serving its customers, many legal provisions have been developed to assure the customers’ interests are justified when entering into any kind of contract with the seller.
In Hurst Vs Learning (2001) EWHC 1051, the judgment by Mr. Justice Lightman has been long overtaken and highly enlarged by Hasley vs. Milton Keynes NHS Trust (2004) EWCA Civ 576. Those unsuccessful litigants who refuse to meditate or take part in an alternative method of dispute resolution faced sanctions like indemnity costs or are awarded sanction costs.
As a result of the ban legislation, different premises or places are supposed to flaunt a no smoking display, to inform citizens that smoking is prohibited in that locality or the premises. Some of the premises affected by the veto include offices, bars, factories, shops, hotels, restaurants, casinos, clubs, dance halls, sports centers, petrol stations, and transport systems or public vehicles.
They argue that the United Kingdom is a sovereign state and has a constitution that should guide it in the administration of justice. However, some have argued that withdrawal from the convention will be a great political mistake. They say this will go against the post-war fundamental liberties that were established in Europe (Bowcott, 2013).
When we talk about the rule of law and natural justice it means that everyone has the opportunity to benefit from certain provisions of law and to knock down at the door of competent jurisdiction for justice and fair play. It is the duty of the lawmakers to make sure that everyone should seek justice in time and in accordance with the laws in vogue since justice, delayed amounts to justice denied.
The perceptions of the public can be largely shaped by how sexual offenders make use of crime-switching and specialization tactics. This is because they believe they should not be caught and brought to justice. The role of the people at large is to understand how they can find a way through which these sexual offenders are taken to task.
The English legal system of courts dictates that the highest of all courts in the land is the Supreme Court. This comprises of a High Court of Justice, which handles all civil cases and a Crown Court for high profile criminal litigations. The court that occupies the lowest level is the Magistrate Courts for criminal litigations and the County Courts for civil suits.
The case presented is the opinion of all member treaty was signed for the use and exploration of space was bringing conflicts among the superior state (Zines 2008). It came at a time when technologies were cropping up and great inventions being carried. The superpower countries don’t have trust in each other and they fear to spy on their secrets.
The Employment Rights Act of 1996 provides a number of rights to employees. Section 94 of this Act provides the right not to be unfairly dismissed by employers. Moreover, Section 98 describes the process for determining if a dismissal is unfair. Finally, Section 98(4) establishes the reasonableness of the employer’s conduct as the standard for fair dismissal (Brodtkorb, 2010, p. 429).
Sometimes a product with potential market credit may be traced and copied by competitors without the authorization of the original makers. In such cases, the need for obtaining registered identity recognition becomes essential for the safety of the developer’s innovative ideas. This protection is guaranteed by the attachment of each new endeavour.
This is an open expression of willingness to contract that is often made with the sole intention of becoming binding on the offeror once the offeree accepts it (McIntyre 2008, pg. 12). Genuine offers are usually different from invitations to treat, which are mere invitations of offers which can either be rejected or accepted.
Ethics help and guide individuals in making rational decisions when faced with scenarios that need moral judgments that reflect personal values, by developing clear analytical skills in reasoning abilities to understand the crucial decisions that have to be made. Crime refers to an unlawful activity that is done in law violation, where moral inclusiveness is used in ensuring criminal justice.
This implies that no harm was caused, and no damage was created to a person, the society or the state. Oxford dictionaries define crime as an act or omission that constitutes an offense that is punishable by law. A crime is a wrong committed against an individual, society, and the state as defined in law and carries a punishment of fines, incarceration, and, in some instances death.
In broader terms, Uberrima Fides is used to disclose all the material that is to be traded through marines. For instance, as per this law, both the parties i.e. issuer and receiver has to mention all the peculiar details to the insurer in order to certify that the traded material does not violate any of the marine insurance laws.