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According to the case of R v Bateman, gross negligence manslaughter occurs when there is a breach in the duty of care due to negligence and such breach caused the death of the victim. In our case, Olly, the fireman is duty-bound to bring the tools that he needs to fight fire and rescue people who are in danger.
The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, and weight, as furnished by him; and the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars.
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The numerous decisions of the court in relation to psychiatric injury have created a patchwork of rules and criteria as to when employees may successfully claim damages for psychiatric harm. In deciding cases brought before them, the courts always look back into judicial precedents before deciding the case at hand.
The First Amendment of the US Constitution clearly provides for the exercise of religious freedom. As a matter of course and of law, that freedom has its adjunct or supplementary liberties. Hence, the believers or followers of a religious sect are likewise free to adopt or practice the rituals and ceremonies under their faith orientations.
An easement is an interest in land which entitles a landowner, to use, or restrict the use of, his neighbor’s land in a particular way without giving him possession. It is important to mention that easements can be positive or negative. They have caused considerable problems for litigants and the courts.
The Supply of Goods and Services Act 1982, requires a service provider to exercise reasonable care and possess adequate expertise while providing services to consumers. The service has to be completed within a reasonable period of time. The professional negligence of one of RRL’s workmen caused damage to the Persian carpet.
The strict rule regarding performance can be mitigated in certain specified circumstances. In particular, the doctrine of frustration will enable a party to be discharged from their contractual obligations by reason of a change in circumstances. A frustrated contract is a contract which subsequent to its formation becomes incapable of being performed as a result of unforeseen circumstances outside the fault of either party.
Free movement of workers is incorporated in the European Treaty under article 45 of the treaty, and the law on the Free Movement of workers has been further developed by legislations, most importantly by the directives issued by the EC including directive 2004/38/EC on rights to reside.
However, since the implementation of HRA, UK courts have struggled to strike a balance between the right to freedom of speech and protection of privacy and have failed to provide a consistent approach to clarify where the balance lies and what the extent of the privacy right is that is granted under the HRA.
The three important features that exist in respect of leasehold are, firstly that the fact that a leasehold is created, thereby allows enjoyment of ownership of an estate by two or more persons, in the same land concurrently, that is the freeholder who receives rents/profits and the leaseholder enjoying physical possession and occupation of the property;
According to the ruling in the United Brands Case, such practices are an abuse of a dominant market position within the meaning of Article 81 of the EU Treaty. This approach was adopted by the European court in a consistent manner and recently reiterated in Irish Sugar plc v EC Commission  All ER EC 198.
Section 1 (1) of the “Criminal Damage Act 1971 (c.48)” states, “A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offense.”
According to Harvey v Facey  AC552, every contract consists of an offer made by one party and accepted by the other. Against this background, this essay seeks to advise the English National Operetta Company about its legal rights, if any, in relation to Costumes R Us, Pristine Printers Ltd, and Prompt Printers Ltd with regards to the given scenario involving the sale of goods.
The notable aspect of recent ECJ decisions is in the clarification of the relationship between the free movement of capital and the freedom of establishment. The ECJ decisions have underlined the fact that the character of establishment is the possibility for the shareholder to influence the activities of the Company and its decisions.
This power to enforce the law rests in the hand of the police, and this is made accountable by having a system of checks and balances, which include, “accountability to the law, accountability to police authorities and accountability through the police complaints system” the police have been forced into vigilance because of the rising crime graph.
The Organization of African Unity (OAU) in the OAU Convention of 1969 defined refugees as individuals who because of aggression, foreign domination, occupation or events that seriously disturb public peace are forced to leave their country and seek refuge in a place outside the country of origin.
When other theories regarding crime focus on the criminals, their backgrounds, motives, the relationship with the victim, and other such elements, situational crime prevention theory departs radically from those mainstream criminology theories and focuses on the settings of crime.
The various forms of cyber fraud explained above grow in sophistication with the advancements in technology. The technology in one way makes it easier for the criminals to easily deceive people and works against the prevention agencies as it makes it difficult for them to trace criminals or the transactions.
My experience of working in a well-informed group of people was extremely rewarding as the realization was very refreshing that there are like-minded people out there who are extremely concerned about our youth and the future of this nation and are, therefore, ready to put their energies and efforts in making this world a better place.
Criminology is of particular interest to psychologists, sociologists, social anthropologists, psychiatrists, as well as scholars of law. In general, anybody pursuing behavioural sciences can take some time to focus on criminology. Today, a lot of scholars are showing an increased interest in criminology by studying delinquent development.
The FTDA additionally defines dilution as an exercise that adversely affects the ability of the trademark to be associated with a particular good or service, regardless of whether competition between the parties exists, or if there is a probability of perplexity, fault, or fraud, amid the two trademarks.
This topic is also related to confessions which are also largely utilized as a part of the evidence and often raise the issues of the integrity of the defendant’s basic human rights. Previously this area was dominated by the common law rules, following the rather inclusionary practice of admitting any kind of relevant evidence no matter where it was sourced from.
On December 30, 2005, Fort Bend County Sheriff's Deputy Doug Patterson was working the graveyard shift. He and his partner observed a car with broken tail lights run a red light. It should be said, that they pulled the vehicle over and Patterson asked the driver, Sally Stratmore, to produce her driver’s license.
‘Malestream’ criminology emerged from the traditional perceptions of women criminals as a defective and biologically inferior breed (Baccaria, 1778, as cited by Sumner, et.al., 2004). ‘Malestream’ criminology is very much a product of the perception of women as a negligible member of the human race.
Police custody is a reformatory place rather than a pace to punish an offender. The old proverb comes into action “Hate the sin not the Sinner”. However far from being perfect the current repeated incidents of death in police custody and that out of racism is turning the circumstances into a nightmare for minority groups and aboriginal people.
The Enhanced border security and visa entry reform act, 2002 was passed in the aftermath of 9/11 terrorist attacks. It was signed into an act by President George W. Bush, eight months after the terrorist attacks, on May 14, 2002. The act was passed by an overwhelming bipartisan majority in both the houses of the Congress.
Civil disobedience involves a deliberate and punishable breach of legal duty. In particular, it is the expression of non-coherence to the existing rules implemented by the government, which is subjectively thought by a person to be against his or her conscience. It is the peaceable resistance of conscience.
After the completion of the work, Eileen and Paul allow Anne to stay in one of the apartments, in exchange for her help. These apartments prove to be in great demand, and Eileen and Paul have a change of mind and ask Anne to either pay rent or vacate the flat.
The classic definition of murder under English Law was propounded by Sir Edward Coke, asserting the two stage definition requiring actus reus and mens rea: “Murder is when a man, unlawfully kills within any country of the realm any reasonable human being under the Queen’s peace, with malice aforethought”.
Broken windows theory was one such policy framed by James Q. Wilson and George L. Kelling first published in 1982. This theory was based on the notion that a key control measure in reducing the rate of crime can be the strict monitoring of disordered society as the disorder can encourage some to think that he can easily get away with his crime.
Research and policy implications of the theory are also explored in this book. The book has some clear ideas in the subject line like the author’s conceptual thinking about what criminology means, the dominant theories behind criminal psychology- labelling, sub-cultural control, opportunity, and learning theories.
The key feature of this data triangulation is the gathering of data from different resources. As a consequence, it uses both qualitative and quantitative research techniques. Moreover, in the academic discussion of triangulation, there have been a couple of traditions or theories to say more precisely.
The USA and its allied nations are regarded as the First World Countries. In recent decades these nations have witnessed most severe measures of terrorism in spite of having the best military strength. The counter-terrorism measures taken by them are also very vast and fatal; not only for the terrorist organizations but also for the civilizations.
When one person dies, the other joint owners take possession and this continues so that the last survivor takes the entire property solely. At the time of purchase of Berrybank Cottage, no mortgage was drawn up but the purchase deed reflected a purchase by all three sisters as joint beneficial tenants.
At its peak, the movement was involved in various reform efforts. Some of these efforts included regulating child labor, reducing the rate of infant mortality, garnering for the pension of women, establishing the juvenile court, combating child abuse, constructing playgrounds, and establishing children’s schools (Hamilton, 1985).
It is important to note that Crimes against Humanity to be precise are largely vague by definition in many legally authoritative commentaries (Trahan & Human Rights Watch, 2006). Acts of Genocide, on the other hand, are clear in many statutes while the former has many interpretations depending on which statute one is referring to.
It can require companies to provide information and, if necessary, carry out surprise inspections in the offices of companies and, with a court order, in the homes of company personnel. If the European Commission finds evidence of illegal business practices that restrict competition, it can act to prohibit such behavior.
In Webster v. Reproductive Health Services, 281 American historians signed an amicus brief which claimed that Roe was consistent with the nation's history and traditions. This article respectfully questions the basis of such conclusions and the 281 historians' claim. (Finis, 1994)
The forms must also specify what kind of a Company it is, i.e, a private or public limited company and name the principal officers. The forms must be accompanied by documents providing support for the facts claimed in the forms and also the necessary fee that needs to be paid. Additional information to be sent to the Registrar of Companies.
Insurance plays a crucial role in the economy of almost all the countries since it ensures compensating of financial and business-related risks and this help businesses remain regardless of financial contingencies and risks. There are different types of insurances like fire, marine, aviation, life, and motor vehicle insurances.
In this case, my fellow officers and I should always support the right side. This means that we should look at the problem at hand critically, and come up with the best possible solution. Then, we should gather all these neighborhood residents, and discuss these matters and come up with unbiased solutions.
Geographic information systems (GIS) are increasingly employed to examine the impact of these geographic factors. GIS provide a number of important skills that enable drug-related geographic explorations, such as informative visual displays and geocoding (Santos, 2012). Through GIS-generated information, investigators can carry out multifaceted spatial studies of drug-related issues and behavioural patterns.
Several reasons have been cited why legislatures impose death penalty in the first place (Tushnet 2). The reasons they cite, among others include death penalty being a deterrent for the commission of other crimes and also to incapacitate or prevent each criminal “from continuing to commit a crime” (Tushnet 2 & 5).
Corruption within the ranks of those entrusted with powers over the populace cannot be explained simply by claiming a certain percentage of people are just born with a malady of some sort that compels them to deviance. Sociologists have attempted to understand why 'good cops go bad' by exploring how genetic and psychological variables influence a person's judgment skills.
Since then, many attempts have been made to achieve a comprehensive code of international law, with the help of various governments across the world. The prime motivating factor for world institutions to make progress with the codification movement arises from the belief that by having a framework of written laws and regulations, international disputes and conflicts could be resolved without resorting to force.
The US Supreme Court declared that an assembly of men preparing or conspiring to wage war against the United States must be present in order for the crime of treason to occur. During British rule, the colonies were governed by English law in which there were five types of treason.
While the English law does grant these couples a civil partnership, they are still not permitted to be recognized as a married couple. Parliament argues that the Civil Partnership Act is parallel to marriage because it gives the individuals the same benefits as a marriage, but it falls under a different category because it is also meant to hold up the Biblical definition of what it means to be married.
The said Act, viz., Section 61, Chapter 1 of Part 4, which also established a Supreme Court in the United Kingdom and abolished the appellate jurisdiction of the House of Lords, endowed the JAC with three functions: to base appointments on merit alone; to consider candidates who are of good moral character, and; to “encourage diversity” among applicants (CRA 2005).
The major issue that arises in this case is whether the statute in question has hindered the free exercise of the defendant’s liberty of expression in violation of the due process clause of the Fourteenth Amendment. The defendant contends that his action falls within the purview of his fundamental, constitutional right to free speech.