Law Essays

Technology is required in the service sector and the manufacturing sector. The manufacturing sector could require it to introduce a new product, assess the feasibility and viability of an existing product, or determine why the product has not taken off as envisaged. Technology that has been developed by another firm or by themselves is the intellectual property of that firm. 

An easement is a right of way designated for a specific purpose and it does not interfere in any way with the servient property owner’s rights over his land, it is merely a permanent and/or proprietary interest held by someone else over that easement and is an appurtenant, incidental to the land in question.

The fundamental obligation of all trustees is to act in the best interests of the trust, for its present and future beneficiaries, in the exercise of their trustee functions. The relevant statutory powers enjoyed under the general principles of trust law derive in part from case law and in part from the statute.

Thоugh nеаrly thirty nаtiоnѕ pаrticipаtеd, thе rеprеѕеntаtivеѕ оf Grеаt Britаin, Frаncе, thе Unitеd Ѕtаtеѕ, аnd Itаly bеcаmе knоwn аѕ thе “Big Fоur.” Thе “Big Fоur” wоuld dоminаtе thе prоcееdingѕ thаt lеd tо thе fоrmulаtiоn оf thе Trеаty оf Vеrѕаillеѕ, а trеаty thаt аrticulаtеd thе cоmprоmiѕеѕ rеаchеd аt thе cоnfеrеncе.

 The law of contract stipulates three fundamental requirements to establish a legally enforceable contract; namely offer, acceptance, and consideration. “English law having committed itself to a rather technical….. doctrine of contract, in the application takes a practical approach…… into the marked slots of offer, acceptance, and consideration”.    

Yudonia might, therefore, have no choice but to eventually give in and accept the independence of Lilliput. Before that, though, a long-term border skirmish may be sparked, with Zackstralia involved. Certainly, Yudonia would in the long term face regime-change, as current world politics would not countenance a theocracy involved in human rights abuses for long.

There are so many aspects that are to be discussed while we speak about the liabilities of the builder to the claimant. Since the English law completely relies upon the decision in the Donogue Vs Stevenson (3) regarding the duty of care prima facie it can be doubted that the builder is liable to pay off the damages to the claimant. 

Where the transferee required being doing something on the land, then it is affirmative. Where it restrains the transferee not to do certain things then it is negative. In other words, restrictive covenants are deed restrictions that apply to a group of homes or lots in a specific development or 'subdivision.' 

The first hurdle for Rahim is to establish that Jenny owed him a duty of care. The test for whether or not there is a legal duty of care was established in the case of Donoghue v Stevenson ([1932] AC 562). 

Justices are of two types in England. There are the lay magistrates or justices of peace who work without any remuneration. Then there are the stipendiary judges who adjudicate in the Crown Courts. There are about 30,000 lay magistrates and over 100 full-time stipendiary judges in England.

The law was named after Senator Paul Sarbanes and U.S. Representative Michael G. Oxley who were the sponsors of the Act. However, while the intention of this Act is to benefit public companies, Section 404 proves to be controversial.  The reportorial requirement and compliance has been the subject of too many complaints coming from affected companies.

The acceptance of an offer should conform to the terms of the offer. If any qualifications or new terms are introduced, then it is transformed into a counteroffer. A counteroffer serves to rescind the previous offer. Flavio and Marco requested a quotation from Nuriya. She offered to complete the task, within four months for £ 200, 500.

The EU aims for complete economic integration that will also require the free mobility of not only goods and services but most importantly, of people.  It has many attributes of a country – its own flag, anthem, currency, founding date, foreign security policy, set of laws, and law-enforcement institutions.

In order to advise the parties it is necessary to consider the law in relation to resulting trusts, implied and constructive trusts, and proprietary estoppel. It will also be necessary to consider legal interests in the property. This will involve consideration of the law relating to overriding interests, in order to determine whether any overriding interests would be deemed to be in existence by the courts.

The Corporate Manslaughter and Corporate Homicide Act 2007 was enacted to address the problem associated with the apportioning of corporate liability. It is necessary to examine the way in which the courts dealt with issues prior to the introduction of the Act. This essay looks at how charges for breaches of health and safety issues by companies were brought and then compare that with the available powers afforded to the courts by the new Act.

“There are two ‘categories’ of ‘trust’. The first one is that created by ‘privilege’. Some responsible agency describes a trust as a charitable trust or family trust and so on, which has based their rulings on the conclusions provided in ‘case law’. The form of the trust depends upon the prior case law and the ‘authority of law’ based upon opinion.

Transfer of Undertakings Regulations 2006 will apply to businesses that are situated in Great Britain and Northern Ireland, and a number of amendments to existing legislation to the TUPE Regulations 1981 will be made. The number of recent TUPE polls points to the fact that most of the clients who have been covered by TUPE and TUPE transfers, had a number of uncertainties as well as problems using the earlier regulations.

Have we ever stopped to think why human beings have the natural tendency to break rules, no matter how harmless and insignificant they may be? From the dawn of civilization, the practice has continued and has become a common phenomenon in our everyday life. In Paradise Lost, Milton’s focus is on the same subject when Eve is tempted to eat the forbidden fruit which causes her to fall.

Strict liability concepts introduced for defective products show that strict liability is logical since it involves two parties who are very careful in their dealings and these parties include the manufacturer and the consumer. However, one of the parties has to undergo the economic cost of the damages.

We have been approached by Mr & Mrs Tramp to advise them in respect of three issues arising from and affecting their business and it premises, advice given by professional persons and activities in the local that they consider being detrimental. The specifics of their complaints relate to an easement, the fulfilment of which is presenting a detrimental image and a nuisance for their business.

Doctors, therefore, are duty-bound, both ethically and legally, to maintain patient confidentiality in most situations and also at the same time to divulge information, which on being kept confidential would endanger third parties. Furthermore, the courts by extension will almost always support disclosure where such disclosure is beneficial to the public or where suppression of facts could prove harmful if not fatal.

When considering the doubling of sentences for armed robbery, legislators should consider the negative effects this action would cause to the public. If first, lawmakers reform existing guidelines that punish consensual acts in the same manner as violent ones, then they can enact more stringent penalties without harming law-abiding citizens.

In a discretionary trust, the trustees exercise wide discretionary powers. If the objects are uncertain then the purpose of forming the trust itself is defeated. Hence, the test for certainty of objects aids in identifying the beneficiaries and ensures that the purpose of setting up the trust is served. As such it is consistent with the interests of settlors, the rights of potential objects, and the duties of trustees.

The above initiatives of the British Government are really helpful towards the development of the local housing markets and the only issue that should be examined is their application in the particular areas of England taking into account the character and the level of development of each region.

The British government must get around these issues in order to ensure that its citizens are treated fairly and be given the opportunity to marry or live with citizens of other countries inside the country of their residence. This is the only way for British citizens to be permitted to maintain the family life of their choosing. 

Whatever the discussions come up in this field there is still a question arises that does it give the memorandum and Articles contractual effect only in so far as they confer right or obligations on the member in his capacity of a member or does it give contractual effect on the director in the capacity of the member.  

According to Bennet and Hess (1998) cited in Flora(2001), the most important part of the interview, in the preliminary stage, consists of a recording of arrival time, determining the whereabouts of the victim, assessing the physical condition of the victim, and attempt to identify the offender (Flora, 2001).

In other words, the insured may insist upon the inclusion of full coverage clauses in the body of the marine insurance contract. By taking this approach, the insured will avoid the consequences of limited coverage under the presumptions and principles that flow from both the indemnity principle and the insurable interest doctrine.      

It is the objective of an exemption clause in a contract to circumvent liability. The Unfair Contract Terms Act disallows exemption clauses that seek to obviate or reduce liability, for the death or injury resulting from their negligence. Moreover, a statutory requirement cannot be rescinded by an exemption clause.

With regard to whether or not the living arrangements constitute a lease or a license, the general principle of law is that unless an individual occupying another’s land has exclusive possession, they will be a licensee and not a tenant. If Jerry does not have exclusive possession of the industrial unit, he will be considered a licensee. The other key defining factor of a tenancy is the offer and acceptance of exclusive possession for a term at "rent".  

Anne Marie Cammisa, explain how the welfare disputes place the citizens in an ideological connect, forcing a concession amid competing viewpoint of uniqueness and society. She further articulates that, “If an individual is not aged, has no bodily troubles, and then again is not working and having no cash, countless of us deem that he or she is supposed to find out to mind himself or herself.

This paper is about how the marine insurance industry began and about its decisive shaping time. It explains the beginnings and its evolution from that time to the present time.  It shows the advantages of marine insurance as a safeguard against crippling losses which could literally destroy a person’s lifetime of hard work and achievement.

An individual must be assigned to watch the armed student until trained officials reach to take control of the situation. In addition, administrators must contact the student’s family members to gather other required information if any. It would be effective to list the armed students’ closest friends as they can better assist officials to disarm the student. If the presence of the college staff is likely to persuade the student to fire. 

The involvement of the sample population is derived from the planning of the study previous to making the attempt of the study. The sample design has to be planned and the population has to be anticipated from the focused groups and from the experimental groups. Subsequent to estimating the sample size, the sampling is done. The number of samples taken is 150. Once the sample size is determined, the sampling is done.

While examining the rights of the subtenants, I decided to examine case law that had invoked the provisions of Section 146 of LPA. Accordingly, I searched for “S.146 LPA+ case law” and was able to find several cases listed, including Rugby School Governors v Tannahill, Scala House, and District property v Forbes, Hyman v Rose and Savva v Hussain.

The public policy being considered then was an overriding control on reasonability at large and the proper circumscription of the relations between the plaintiff or his property and the defendant or his property as well as the circumscription of liability through the proper imposition of a duty of care.

The Charities Act has provided the necessary rules for the protection related with all areas of such kind of activity (Third Sector, December 7, 2005), like the creation of fundraising contract (regarding all its areas, from the evaluation of risk, the specifications, the standards, and the payment measures’. 

Article III of the United States Constitution provides that ‘The judi¬cial Power of the United States shall be vested in one Supreme Court.’ In accordance with this provision and by the authority of the Judiciary Act of September 24, 1789, the Supreme Court was established (“A Brief Overview”, n.d.).

The owner of the property will then have the right to retain rights over surface ownership of the land while selling off the mineral rights to companies. These companies can retain the mineral rights for several years and ownership of these rights will continue on the Company’s behalf even if the title and ownership of the surface land changes.

For while the amendment itself simply states the prohibition on the part of the state to enact laws or legislation that will establish a religion, Jefferson’s separation seemed to be a far more complex idea. Whether the Supreme Court finally comprehends Jefferson’s perspective in its decisions will remain to be seen.

The Truth and Reconciliation Commission was questioned in the Azapo case as to whether it was unconstitutional for the law relating to the organization’s prevention of victims of atrocious conduct during the apartheid era from suing those involved who came forward and told the real truth to the commission.

The organizations are penalized due to the miss management of personal information and the civil courts are also involved. Over the past, the government has launched websites and agencies to facilitate individual users and corporate organizations regarding the guidelines for protecting personal data. Currently, there are 19 agencies and websites working in a full capacity related to every domain for protecting the economy.

Today correctional facilities, in fact, as always involve many cases of human rights violations. Being a prisoner does not mean being less human. The jail does not take away the human rights that a person has in every-day life. The USA correctional offices reveal to have some of just terrible violations of human rights.

George was convinced by her description and assumed that the piano was in very good condition, as had been fraudulently claimed by Lucy. This deceptive statement of Lucy induced George to enter into a contract of sale. George intends to bring in a claim for misrepresentation against Lucy, since the piano, he had bought from her, proved to be defective.

In the UK, there is a clear distinction for levying income taxes on different persons based on their residency status. There are many personal allowances in the UK to reduce the tax burden. At the same time, some studies show that there is no clear differentiation between avoidance and evasion in the UK, which goes against the principles of fairness (Chittenden and Foster, 2008).

There are some cases in which there is a need to necessary reveal the truth for the benefit of society in general. There are some cases in which not telling the truth would mean injustice to others and justice for others. The point is, invasion of privacy can be an injustice to others and justice for others at some point.

The following proposal is for a mixed method study of gender labeling within the context of the legal system. This study intends to discover if there is an underlying cultural bias that supports the concept that women are less likely to offend than are men and if that bias is promoted by the actions of law enforcement. 

This conclusion established that the government of Massachusetts, representing the entire population of the state, had demonstrated, “injury, causality and redressability” and, therefore, was entitled to standing in this appeal before the Supreme Court. (Massachusetts v. Environmental Protection Agency. 2007).

No country is safe. There are over a hundred and thirty terrorist groups across the world. Sadly, no single week passes without hearing the acts of terrorism in some parts of the world. Terrorism is evolving and applies advances in science and technology. Apart from conventional acts such as suicide bombings, kidnapping, and assassination, some terrorist groups have resorted to biological and radiological arsenals.

The levels of access to the people of Caymen islands may also be restricted in actual practice due to the mixing up of legislative functions with those of the executive. The Act demonstrates the deficiency of allowing the executive branch of Government, i.e, the Governor, to amend or modify the Act.