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Koopa becomes a bailee as a third party and his duty of care is owed to Eric/Motortek. His duty of care in respect of Eterna Motors can only be founded in the tort of negligence as there is no privity of contract between them. However, Motortek will have a claim in both contracts and the tort of negligence.
The first question that needs to be asked is whether there was an express choice of law. In this case, there is not an express choice of law. Therefore, it must be asked whether there is an implied or inferred choice of law. The relevant factors are as follows. First is what type of contract and the form of documents used.
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HIPAA also imposes the rule of keeping a record of all the disclosures of patient information other than that of treatment, payment, and operations that also necessitates the production of a system of increased policies and procedures to keep track of all paper records and electronic information that requires even more investment (Kilbridge 348: 1423-1424).
The income tax which is deducted from employee salaries is referred to as the pay as you earn (PAYE) tax system. It is paid as a percentage of taxable income after deducting the non-taxable allowances and personal allowance and ranges from 10% to -40% depending on the income (Nightingale, 2002). Married couples are also given tax relief.
The structure and the operational rules of House of Lords have been clearly set through the British Constitution; these rules cannot be changed or alternated unless reform of the British Constitution is initiated; in practice, alterations on the House of Lords membership have been introduced.
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).
One of the goals of the Criminal Code is to punish wrong-doers. Another is to seek revenge against those who have broken the social compact. These are important things to remember when discussing capital punishment. For too long, Canada has sat back and allowed criminals convicted of heinous crimes to live long, comfortable lives in prison.
Soon after the legislation is carried out, the number of human rights violations being reported may see a steep rise. But once this initial reaction settles down, the society has to show a slow and steady decrease in the graph of human rights violations, so as to prove that the legislation has been effective.
Notions of “the common good” serve to identify a common interest within a population of people. Those things or activities that match “the common good” are thus identified as good in a moral sense. Because a common good is shared by most, if not everyone, in the political community, there is a strong interest in codifying those things.
There is a line of authority in UK courts also known as the West Mercia principle, indicating that company directors are required to take into account the creditors’ interest not only when it is obvious that insolvency is eminent, but also when insolvency is a significant threat. When the threat is significant, directors are required to take steps calculated.
Having adopted the UNCITRAL Model Law, Mexico has at the very least adopted the cross-border insolvency provision of the Guide. It not only demonstrates that Mexico has revised and introduced insolvency laws that are consistent with the Guide’s purpose relative to cross-border insolvency issues, but that Mexico has modernized its insolvency laws.
The topic of the study deals with the conflict of laws between countries whose citizens have chosen to transact with each other, and in the process, a dispute has arisen which would preferably not be submitted to formal litigation. The findings of the study are seen to be significant to businessmen and professionals in Saudi who enter into commercial transactions with foreign parties.
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The significance of water is such that the right to water has been aligned with human rights at international law. The Committee on Economic, Social and Cultural Rights made this assessment in its General Comment No. 15 (2002). Paragraph 1 provides that water is a limited natural resource and a public good fundamental for life and health.
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The author states that the legacy of the Mongols can be established through the presentation of their roots as the reference point of their growth. The nomadic Mongol Empire originated from the eastern end of the central Asian steppes, a region known for rough weather and surrounded by different forms of terrain.
Both the ICTY and the ICTR were set up under vastly similar conditions and circumstances. The ICTY was set up in 1993 for the prosecution of individuals alleged to have committed war crimes, crimes against humanity, and genocide after 1991 in the former Yugoslavia. The UN Security Council established the ICTR for the prosecution of individuals.
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Absolutist and universal nature of rights is justified: “human rights are clearly and unambiguously conceptualized as being inherent to humans and not as the product of social cooperation. These rights are conceptualized as being universal and held equally by all; that is, as natural rights” (Donnelly, 1982).
The author states that there is a growing debate on the conceptualization of an individual’s duties towards his state and other human beings; however in the modern context human rights and civil liberties are most relevant to the fundamental rights owned by the state towards its own citizens and towards other states and their citizens.
Equity permits a judge to use his or her discretion to ease justice into a judgment, should certain facts be in play. This is frequently seen today with contracts, where the equitable doctrine of promissory estoppel plays such an important role. Equity and its development are something that all law-abiding citizens should be proud of.
Sometimes, strict adherence to rules leads to injustice and the need for a more flexible approach becomes necessary for greater fairness and equity for a larger segment of the masses (Greenberg & Cohen, 1982). The concept of equity rules and equity court of the law came into existence. The larger ramifications of equity laws and common laws closely resemble.
Contracts that are legally enforceable include several essential features, which could be either implicit or explicit, a promise to supply something or to do something, and agreement and an exchange of money for goods or services. These essential features have been examined and defined by the courts as offer, acceptance, and consideration. Scottish law goes a step further and insists upon the presence of consensus ad idem.
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The author states that policymaking in criminal justice is a difficult task because of the serious implications involved in it. The policymakers need to consider so many parameters like ethical, legal, social, cultural, economic, political etc before finalizing and implementing a policy in the society.
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This paper is being undertaken in order to comprehensively evaluate the current issue and to arrive at a more academic understanding of patterns and trends in criminal behavior and sentencing in the United States justice system. Most perpetrators and victims are males, with 65.3% for male offenders/male victims.
The most important issues in respect of exclusive possession are the fact that it gives ownership to the person for a specified period of time, and because of it being a proprietary interest, it can be assigned and may be binding on subsequent owners of reversion. In the case of a license, it is more of a personal right, binding on parties who created it.
The problems associated with the calling up of capital, however, are that (a) Anna has sold on her shares to Docu Control, although SDI has not yet acknowledged that a transfer of shares has taken place and (b) Bill’s shares have been sold to Mystery Holding Pty Ltd, which has become insolvent and is in liquidation.
This assignment also considers the resultant legal situation, wherein one party tries to dishonor part of contractual obligation to the other, and the remedial measures that affected, or the distressed party could avail of, within the ambit of the prescribed laws and practices in the UK. Before moving into the deliberations of this specific case scenario, it is necessary to consider the structure of this case study.
Corruption in law enforcement is unquestionably a severe problem. Several law enforcement agencies have become quite challenged with corruption that the general public regards law enforcers as dishonest. Several authors have proposed that the initial step toward a law enforcer becoming dishonest is the receiving of briberies or tokens.
The benefits offered by the internet are manifold and do not conform to the boundaries of any one particular nation-state. It is an era which wherein a significant proportion of key ideas of the modern regulatory state are devoid of a common currency. Hence various sectors in the industry believe that internet censorship has lost its feasibility.
The above tests were conducted as part of the parole investigation. The violent or non-violent nature of the crime was determined based on the system adopted by the federal bureau of investigation. The impulsivity ratings of the criminals were taken from two prior studies and they were ordered according to the specific type of crime.
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The author states that the unreported sex offenses hinder the ability to know the magnitude of the sex crime problem as it is difficult to determine whether society has an unsubstantiated sense of fear or a valid sense of security. In addition, recidivism and specialization approaches to the sex crimes investigation are considered problematical as well.
Differences in the asylum policies of European countries can be attributed to two distinctive methods of policy formulation: active involvement of all the community institutions (community approach) or direct consultations between member-states of the EU (Guild, 1996:3). In context, reasons of why people migrate in the first place are: employment and political reasons.
To determine whether or not Neighbourhood Watch schemes are effective it is first necessary to look at it from a theoretical perception and then to examine the evidence. Theoretically, Neighbourhood Watch is characterized as “people taking responsibility for themselves, their neighbours, and their community” (Ness 1986, 149). It also involves bringing policy and the community together to make it more difficult for criminal conduct.
The author states that the panel stated in its ruling that owning a gun was a constitutional right. In previous times, there was no perception that a person should possess arms and ammunition for himself. The ban on arms was hence important so that there was no misuse of the arms and violence and crime could be restricted in the best possible manner.
Popper breached his director’s duties to Electrics Ltd by allowing the company to buy a land which will soon devalue. Had he not been aware of the zoning regulation that will lessen the value of his daughter’s property, he still acted with negligence on the matter because had the seller been another unknown person to him, he could have acted otherwise.
In order to assess if there is a contract in the case of Angela and Boris, it is imperative to begin by explaining what a contract is. A contract is an agreement that is enforceable by law and which creates rights and duties between the parties involved. This can also be a promise between two parties that one or both of them has to do something.
The bank may claim that Roughton’s extra bonus was a mistake, Roughton can use the argument that he was entitled to the bonus since his contract guarantees him that (Wynn-Evans, 2007). In any case, he was still under the bank’s employment when he got the bonus, which had been promised to him through a formal letter.
The author states that equity derives from the daily life experience of human beings in an identifiable geographical area within the same jurisdiction. The notion of treating human beings as equals has a bearing on the creation of equity. This becomes the legal norm upon which human beings conduct themselves.
If we wish to see this country rise from the morass and decay in which it is sinking in, we must implement drastic measures that would curb criminality. Now, the Bahamas is being plagued with problems related to crime, prompting many people to become fearful for their lives and properties. What makes it even more unfortunate is the fact that this problem is now badly affecting one of the country’s major sources of revenue, which is tourism.
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The present paper discusses that the 14th amendment was the main outcome of this, which created a different association with the concept of offering equal opportunity within the public sector. Today, the concept of Affirmative Action has become a debate in society with issues related to how far the equal rights should go.
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From Johnston and Stewart (2000), it is clear that family courts ensure that the best interest of the children is given priority by determining the appropriate custodian from the parents. In the court’s determination, it must be clear of how the children visitation rights by the other parent will be ensured.
The development of technology worldwide has led businesses to improve their Information Systems in order to complete their rivals; the priorities set by the enterprises in regard to their survival in the market have a common point of reference: the presence of each firm in its industry needs to be supported using appropriate Information Technology.
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One simple definition that differentiates a gift from a bribe is, “a bribe expresses self-interest; a gift conveys love". From this simple sentence itself, one can make out the gravity of the ethical issue involved. It places a bribe and a gift on two opposite poles where two totally different emotions govern, two totally different value systems prevail.
Victimisation is divided into primary and secondary victimization. Primary victimization is used to refer to the experiences of the victim relative to the offense “committed against” the victim. Secondary victimization refers to how victims are treated by the criminal justice systems including the Crown Prosecution Service, the courts and the police.
The author states that the pension of an individual is the amount paid after retirement to compensate him or her when they are no longer earning a regular income. This is for old age persons to be compensated for the hard work done throughout their life. The taxation policies of pensions and the relief granted will be discussed.
The author states that universal jurisdiction arises where the nexus under traditional jurisdiction rules are absent and jurisdiction is assumed nonetheless. Referred to as jurisdiction in absentia, therefore, permits the assumption of jurisdiction solely on the basis that the state invoking jurisdiction is doing so in the collective interest.
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This problem is made more intensive in areas where human rights are violated and the national law does not provide the protection required; because of such phenomena, power has been given to the International Courts to intervene in order to resolve such crises. However, often the solution is not clear.
The Responsibility to Protect (R2P) is a rule or set of laws based on the notion that sovereignty does not afford unlimited freedom to indulge in acts of all kinds but rather produces the onus to protect. R2P concentrates on the prevention of four types of crime: genocide, war crimes, humanitarian crimes, and ethnic cleansing.
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This paper tells that while some parties argue that reserving innovations or giving exclusive rights to the creators of innovations for their works inhibits further creativity, others believe that parties should be given such rights to encourage creativity and rewards talent. Some jurisdictions give recognition to innovators’ moral rights to receive credit for their works.
It is evidently clear from the discussion that procedural justice demands that there should be fair, just and transparent procedures in place in order to deal with such issues, the procedures should be the same for everyone and that these procedures should be followed in an objective manner when deciding an employee’s case
As we can see from the above discussions, the original question of whether or not a law is desirable or practical over the information in cyberspace is not a question that can easily answer. There are times where having law is freedom for individuals, such as in the case of copyright law. The location of the internet service provider.
Australia still remains highest in per capita greenhouse gas emissions and carbon dioxide emission. In addition, lobby groups of industry polluters are well-placed politically that echoes lobby groups in the US. The US holds an inspiring position for Australia not only in policy but also legislation.