Law Essays

Under the doctrine of privity of contract, only the parties to a contract have rights or obligations under that contract.  But, there are exceptions and remedies available to people as this principle may result into hardships in some cases. Contract law deals with the enforceable agreements, and the breach of contract causes damage. In the case of Susan, she has no contractual rights arising out of a pre-existing agreement.

This paper will consider the use of both in the decision-making process. It is anticipated that the conclusion will show that although in general terms the role of the judge is to declare the law there are some occasions in which the judge might be regarded as actually making the law.

The facts of the current scenario suggest that newspaper and in-store advertisement were a distinct offer to sell and unless Games For You can adduce evidence to the contrary, the offer will be binding on acceptance of the offer by customers by the stipulated method, which was a post or by coming to the store. 

The NCH Committee of Enquiry into Children and Young People who Sexually Abuse Other Children discovered that advocacy for the progress of work with juvenile offenders seems to be inconsistent. Administrative and trained peer group denial of the crisis as a field for lawful professional intervention was raised as an important impediment. 

The very purpose of criminal law is to punish the malicious mind and negligent conduct of perpetrators. One author states that "Criminal Law is distinguished from all other kinds of law because it carries with it the moral condemnation of all of society". It is because all crimes are considered as an injury against society.

They also argue that the sentiment of humane treatment afforded animals that are terminally ill or injured and are suffering should be given to humans as well. Opponents suggest that euthanasia is a ‘slippery slope’ that would allow increasing instances of coerced suicide, family members pressuring the elderly not to postpone their demise. 

If we consider actus reus, it must be established that Alf committed an unlawful act that caused Vera’s death. Both factual and legal causation of death must be established. The factual test applicable is the “but for” principle established in the case of R v White. Alf will be criminally liable if his conduct was the cause of Vera’s death.

There were no limitations to the supremacy of parliament and if the government had a healthy majority of supporters for its new law them there was no opposition from any person within the country or government. But of late, there have been strategies that have been laid down to make the government and parliament accountable to its people.

There are those countries that do not have a universal constitution, in such states a number of imperative and consensual rules such as customary law, judge-made law, international rules, convections, norms among other statutes are used. Some such countries as pointed out by Wade and Philips, 1997 by the UK, Israel and New Zealand.

It needs to be ascertained whether the negative pledge clause and its formalities and the fact that it had been clearly illustrated were present. If this is the situation then Pressing if it brings a claim against the company, then Supplier can bring and action for breach of contract and can also claim the value of its floating charge. 

The author states that Arnold's action of causing the ingress of toxic gas has led to the loss of lives and struck panic and pandemonium and death in the underground station and serious injuries to Carl, who, unable to bear the excruciating distress, resulting from the incident, chose to kill himself in the hospital.

Contracts are freely negotiated by competent individuals where they set out their respective obligations and the remedies for a breach of those obligations. On the other hand, tortuous obligations are prescribed by the operation of law and set out the obligations one person has to others with respect to preventing harm.

The provisions of Community law gave rise to rights that could be relied upon by individuals, even with national legal systems, irrespective of whatever the state law on the same issue was. The case of Simmenthal held that a national court must apply the provisions of Community law and give full effect to them.

The author states that Queenie and Riccardo evidently qualified as proprietors because they had been in adverse possession of the property for ten years, a requirement under paragraph 1 of Schedule 6 the LRA 2002. In JA Pye v Graham UKHL, the Court held that adverse possession can be established, aside from the period requirement.

The author states that the restrictive covenant is dated 1980, but generally, it is only in some instances that a restrictive covenant is time-barred and it may be necessary for Phineas to shelve his plans to convert the property he has purchased into a multi-storeyed art center. It must be stated that not all restrictive covenants can be enforced.

The online supports are very user friendly and helpful to quickly access all information and current rules and regulations do protect and uphold the rights of the consumers today. As we become more advanced and developed consciousness and awareness have taken us ahead to identify such concerns immediately and take appropriate steps. 

The fact the damages are the major remedies in torts, and which are often calculated based on the extent of damages suffered points to the extensive considerations paid the corrective justice. On the other hand, there are a few circumstances when the laws of torts incorporate distributive justice as with the cases involving vicarious liability.

A second democratic deficit over the last couple of decades has been the emergence of a rigid (and increasingly draconian) immigration policy. This has coincided with the gradual breakdown of the sense of ‘British’ identity, as contemporary UK society has become a melting pot of diversity and multicultural.

States such as Iowa, Florida, North Carolina, Wisconsin, Maryland and Oregon are those having task forces concerned with issues on safe mobility and have recognized the difficulty in matters of driver licensing of the elderly along with the significance of reconciling safety concerns of elderly drivers and their transportation needs (Eberhard, 2008).

With the dawn of legislation in some countries legalizing the act of helping terminally-ill patients to hasten their death, there have also been varied movements everywhere demanding a review of the ethics & the morality of the said act. In this paper, I will explain why I think the law on physician-assisted suicide should be changed. 

The author states that the LRA distinguishes third party rights that are required to be registered and those that are considered overriding. As a general rule, the prior estate will have priority over the buyer subject to the exceptions in the LRA. However, the right may still be enforceable subject to the principles of equity.

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. 

As far as a private nursing home is concerned. Doreen would not have been able to get the implementation of the Directive in respect of the private nursing home as it would not have been covered under the emanation of a state, unlike the NHS which clearly satisfies the requisites that have been provided for in Foster v. British Gas.

Thomas has a right to either walk away from his employment, without notice to his employer, and sue for constructive dismissal on the ground that his employers committed a repudiatory breach of contract or continue working but protest the diminution of his wages by demanding for compensation and back wages.

The number of cases related to sexual harassment at work has been increasing over the years. In response to this problem, there is a strong need for strengthening the law behind the sexual harassment issues within the corporate environment. Among the latest updates on the law behind sexual harassment at work includes requiring employers.

All humans are entitled to these by virtue of their dignity as human beings and they apply irrespective of race, creed, religion, gender or place of birth and are enforceable by the courts, subject to specific restrictions. Some of these fundamental rights include the right to life and liberty, freedom of expression, and equality before the law.

In nearby Florida, a person can be sentenced to up to 6 months in jail, and the vehicle is impounded for 10 days (which increases for second-time offenders, etc.), but is then returned. Washington State has a mandatory ignition lock rule for all DUI offenders, and a 90-day drivers license suspension period for first-time offenders.

A citizen who narrowly avoided a crash with police and a pursued vehicle comments in a letter to the editor of the Minneapolis Star Tribune, “[The] real idiots are the police who chose to play cops-and-robbers on a busy Mother’s Day weekend rather than doing the hard investigative work necessary to apprehend this criminal without putting my family in danger” (Hlavac par. 2).

The Optional Protocol is an amendment to an earlier Convention, the Convention on the Rights of the Child. This earlier convention states that children younger than 15 may not take direct part in hostilities and that children younger than 15 may not be drafted into military service (Convention on the Rights of the Child, pp. 10-11).

Local residents of the neighborhood are also welcome in this worthwhile event. The dialogue ensues...) Joe: Ladies and gentlemen, I take this worthwhile opportunity to present my apt colleagues for a thorough and succinct discussion regarding the critical issue of the juvenile justice system. 

It is important to note at the outset that if any of the interests constitute leasehold interests, the law will imply covenants into a lease, which will include a covenant to keep the interior in good repair, which in turn will impose obligations on you in respect of the state of the stairwell in the Property. 

It is evident that the terms of the lease with CPD included an express covenant prohibiting subletting or assigning of the lease without CPD’s consent. As such, this does not constitute an absolute prohibition and section 19(1) of the Landlord and Tenant Act 1927 provides that the landlord’s consent must not be unreasonably withheld. 

Regarding the question of whether or not Mr. Fisher is entitled to royalties in the 6 years, the lower court ruled that “for so long as Mr. Fisher choose not to make…his claim [and] allowed the societies to account to the… he must be taken to have gratuitously licensed the exploitation of his copyright” (par. 45). Since Mr. Fisher did not challenge this decision, this decision stands as it is.

It could be said that it is very much possible that judicial instruments do have powers as much as common laws and are not yet redundant. UK‘s membership in the European Union (EU) also ensures that many of the laws that have been enacted in the EU also needs to be implemented in the context of this country. New Legislatures are also been invoked.

In the case of Helen and John, the two of them are apparently well established in their career and the fact that they contributed money for the purchase of the house only shows that the two of them have the financial resources to enter into a joint venture or commercial partnership contemplated in the case of Springett and Defoe. 

In our problem, Fred had been provided with the facility of selecting a substitute for himself, from the list approved by the company, whenever he was desirous of proceeding on leave. All the same, it had been clearly specified by the company that Fred was precluded from availing himself of leave for more than 14 days per year.  

The author states that an invitation to treat is an invitation to make offers. The person making the invitation need not accept any of the offers. An advertisement made to the general public is not an offer. Adam’s advertisement for sale constitutes an invitation to treat; because this advertisement does not explicitly state the contractual terms.

The United Nations adopted the Universal Declaration of Human Rights (UDHR) on the 10th of December 1948. It consists of a number of civil, cultural, economic, political, and social rights. Although it is not legally binding, it provides an authoritative interpretation of several articles of the UN Charter; and the latter is binding on the member states of the United Nations.

The Fourth Amendment to the United States provides that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched'.

Certainly, we must be forced to give to the poor because they will always exist. Or could it be that generosity of spirit might come to the fore and the doctor simply takes care of patients who do not have the means, much in the same way the often disparaged lawyers take cases pro-rata. There is already precedence in place.

One thing is clear in the midst of this difficult controversy: Law, in and of itself, however, cannot address the entire issue. The law is first and foremost always open to interpretation. Therefore, although one court may come down with a decision on a matter, another court may overturn this decision.

There are many companies and individuals offering security for corporations and individual citizens. Its staff can be hired for a specific fee or salary for providing security to the above mentioned two groups. According to reports, the United States has a very large number of people working as private security personnel providing protection to individuals, and non-governmental organizations.

It is better to add clauses in the JCT contract as regards to the contractual provision concerning the finding antiquity objects during the course of contract work for varied reasons. One has to be careful in regard to antiquity objects as disturbance or removal of such antiquity from their original site may deteriorate their value. 

Duty of disclosure is fundamental to any insurance contract and stems from the principle of utmost good faith expected from both the parties to the insurance contract i.e. the assured and the insurer. The principle of good faith known as “uberrimae fidei” is thrust upon the parties to the insurance contract as the contract is based on speculation.

It will examine one of several civil suits against law enforcement first responders, brought about by family members of Daniel Rohrbough. From the parking lot, Rohrbough's parents watched as Daniel bled to death while the first responders waited to secure the area. This prompted parents to sue Jefferson County law enforcement.

The Sale of Goods Act provides certain remedies to the buyer for breach of a contract of sale. The buyer can seek repairs to the damaged goods, demand a replacement, or a partial or full refund of the price paid. The goods should not develop any defect within six months of their sale; otherwise, it is to be construed.

A federal government is conceding its individual dominion and powers to the central governing body, whereas it acquires other limited powers. There are various federal agencies working for the well being and peaceful existence of the country. It is their duty to help the government in maintaining law and order of the state.

Equitable duties of a director arise from the fiduciary relationship between a director and company and as such, directors have a general duty to act in good faith and exercise their discretion bona fide in the interests of the company[1]. Moreover, directors must exercise independent judgment in order to prevent a claim for breach of duty of good faith[2].   

“In the scenario, the conflict arises ought a company to obey the laws of its home country, or should it follow the less stringent laws of the developing country in which it does business?” Most of the codes are designed to increase the professionalism of individual members by indicating those behaviors that are prohibited as well as those that are expected of them.

Whether there was a legally enforceable contract between Marvin and Andrea. If there was a legally enforceable contract, whether Marvin was entitled to revoke the contract, thereby precluding Andrea from claiming breach of contract or specific performance; or in the alternative, the legal implications for Marvin.