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One example is if A signed the contract thinking that B is buying his original copy of a Picasso painting. Yet, B is thinking that what he is buying is the original Picasso painting, and there is a mistake here that warrants the nullification of the said contract. In English case law, it is called “false and fundamental assumption of a contract”.
Torts of different kinds are increasing lately and remedies are sought by those affected by these circumstances to seek justice against their offenders. From time to time, judges calculate the number of damages based on the normal estimates provided in the applicable laws—but sometimes they seem to rely on the precedents to pass their judgment.
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The article 267 of TFEU sets the terms under which the national courts of member states can ask the ECJ for a preliminary ruling for cases that refer to the community law. The preliminary ruling can be given by the ECJ specifically in the following two cases: the interpretation of the Treaties; the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union’.
In general, it is important to state that the trust would be valid. For instance, if it were up to the beneficiaries to prove that they are a part of the class, this would be easy enough to do – every musician could come forth and show that he or she is a musician, and they become a part of the class.
Since Broomsberry is an established publishing house and is unlikely to suffer exceptional loss in profits due to Hagrid’s infringing activities, it can elect for an ‘account of profits’ rather than claiming damages for the same. An account of profits entails that the defendant is deprived of any profits that accrued to him, owing to his infringement.
Copyright subsists in the expression of the author’s idea rather than the idea itself. Therefore, irrespective of a fundamentally new and different idea being in place, what counts is the investment of skill, judgment, and labor in creating the work. Since copyright vests in the expression of the author’s idea, in cases of literary.
As part of the recommendation for this paper, it is suggested that the Government should continuously work for improving the lives of ordinary Muslims. Conflicts between human rights and security legislations must be ironed out, and these laws have to be reviewed thoroughly, listening to views and opinions of the right experts and legal luminaries.
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According to the paper, State of Arizona is at the very heart of the issue. State’s 350 miles long border with Mexico- a source of most illegal aliens- is mainly uninhabited, inhospitable and, subsequently, hard to patrol and protect. Not surprisingly, estimates are that around 460,000 illegal immigrants were living in the state in 2009.
When the law does not, expressly or implicitly, prohibit the terms of a valid and binding contract, then the terms of the contract freely agreed upon becomes the law as to the parties to the contract and those that they represent. In this case, there is no doubt that all parties to the CBA acknowledge its validity and legality
The actus reus would be easily be proved for Tony, as it is the same for simple criminal damage. Further, the basic means rea is the same, however, ulterior intent is required, that is which goes beyond the men's rea. Therefore, what is required is that the defendant was aware of an obvious and significant risk of danger to life.
It is quite essential to state that the fact that an agreement has been reached between the parties does not necessarily mean that a legally enforceable contract has been concluded. There must be an intention to create legal relations, that is the intention of the parties which is construed objectively.
The author states that many programmers enjoy legal protection for their efforts. However, there are a few who still have problems getting the same protection for their program and compiled databases. This has resulted in numerous court cases in which different parties lay claim to copyright for programs and databases.
Using psychoactive substances can often create a dependence syndrome which manifests as behavioral, cognitive, and physiological symptoms seen after repeated substance abuse (WHO, 2010). It is also the habit or practice of using substances to alter moods. It is also about the use of illicit drugs and other over-the-counter drugs.
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The dependent variables in this survey will be fear of crime and the independent variables will be age, crime rates and publicity given to crimes through media. The attempt will be to find out how fear of crime varies with age, crime rates in the society and also the publicity was given to crimes through different media.
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As the paper outlines, in the United States, as early as 1840, marijuana has been included in the United States Pharmacopoeia- the official list of recognized medical drugs. It has been in the list from 1850 -1942 and it has been recommended treatment for illnesses one of which is lack of appetite.
The law will clearly interpret the legal and ethical parameters in which the investigator should perform his operation. According to Dempsey & Forst (2007, p. 64), the conventional form of police power and law enforcement is ‘ill-equipped’ and is impeded by several constraints; whereas, private investigators enjoy rather a viable ambiance for inquiry.
Hobbes was known for his espousal of rationality and reason much like the other enlightenment thinkers who saw life as mechanical and the universe working in a clockwork manner. Newtonian physics or rather metaphysics that arose during that time saw the universe as predictable and the quantum theorists of the 20th century had not yet arrived.
The Disability Discrimination Act makes it unlawful for employers or workmates to harass their disabled employees or fellow workmates. Victimizing a disabled employee because of taking legal action against his employer is not allowed in the DDA. This Act has helped push for the interests of the disabled members of society especially when such interests are related to employment.
This also very much essential under such circumstance to remind the lady that platform of law and civil rights cannot be a means to execute personal beliefs or thoughts. Justice should always be rendered from a neutral eye, and the officers who are privileged to safeguard them must be free of any pre-occupation or inhibition.
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.
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The Joint Operating Agreement basically has two principal functions. The first one is to document the proportion of shares and responsibilities that have to be fulfilled by the different contractors. This function of the JOA is there to determine the responsibilities that are relevant to the interests of the participants.
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The basic demand of the inhabitants of a democracy from its constitution, social governance and administration is to obtain the scope for living a peaceful life, respect for the basic rights and being protected from any form of social arbitrariness. Criminality is essentially a social vice, not an isolated process.
However, if the transaction does not involve the holding company, the new rule requires that they should avoid the situation conflicting with the interests of the company unless there has been a prior authorization by the company’s board for the directors to do so. For a public limited company, the articles should have a provision for such an authorization.
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As of April 23, 2010, the Arizona governor signed into law an Act that would prevent illegal citizens from living in the state of Arizona, making it a crime to live illegally in Arizona, a law that is to take effect on July 29, 2010. This law would prompt police officers to inquire about the citizenship status of people.
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).
Under the Workplace Health and Safety Act of 2007, an employer and employee have reciprocal duties. An employer has a general duty “to ensure as far as reasonably practicable, that workers and others are not exposed to risks to health or safety arising from the conduct of the employer’s business” (P.5, D.1, S.55).
The author states that the nature of consumption is such that for most of us, simply listening to or viewing the material once is sufficient to complete the experience-consumption of the good. It also goes without saying that physically, audiovisual goods are indistinguishable from each other.
This paper outlines that the agencies of the Government having been created to safeguard public interest, they should act within the limits provided for in the constitution. In the USA, the limits can be found as codes in Acts such as the Federal Administrative Procedure Act (FAPA) and State Acts.
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Admittedly, the Constitution forms a framework for the functioning of the Federal government and outlines the nature of alliances that the Federal government must form with its citizens and its member states. It was first adopted in 1787 by the Constitutional Convention that took place in Philadelphia.
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The increasing body of data on the lethal dangers of so-called ‘second-hand smoke’ has augmented this movement. Smoking has come to be regarded not only as a personal choice and right, and a danger just to the smoker, but a health threat to all those around. Smoking is ‘the single most important cause of mortality in developed countries’.
Like Lee, Simon is also responsible and liable for the acts of James if such acts were done in the ordinary course of business of the partnership. If the car that was sold by James was owned by a customer who had left it for the purpose of having it fixed, then Simon, like Lee, is liable jointly and severally with James and Lee for the loss.
Gambling on tribal lands is not subject to state and local taxes; therefore it adversely affects the overall revenue of the state in which they thrive. There is a lack of data on the revenue because the tribes are not obligated to report their earnings to any U. S. governmental resource, thus it is difficult to assess the actual damage.
Hawley Harvey Crippen, more famous as Dr. Crippen, was an American homeopathic practitioner who was tried in London in 1910, for the murder of his wife Cora Henrietta Crippen. This case was interesting in many ways, especially in the context of the early twentieth century when technology was still in its nascent stage.
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Capital punishment is a highly debated subject all over the world. Life is so precious since science or technology failed to unveil the miseries of life till now. Capital punishment is normally given to criminals who cause severe damage. Advocates of capital punishment argue that hardcore criminals will never rectify their behavior
The idea presented in the article is that the services of structural engineering and services engineering are interspersed while taking inspiration to some extent from nature and applying them to a large-scale conceptual design. The end-product of this endeavor is a so-called load-bearing product.
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The federal laws covering the civil rights are many. Based on figures provided by the US House of Representatives Judiciary Committee, at least two public laws on civil rights were enacted in the 1950s. However, the Civil Rights Act of 1964 and the Civil Rights Act of 1991 are among the most prominent.
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The author states that members of the state of the ICC, as well as General, assemble Security Council have so far failed in defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime; and no individual has ever been charged for this supreme international crime.
The analysis presented in this paper focuses on explaining whether the notion that the EU suffers from a democratic deficit is real or whether there the prevalence of the feeling can be explained as arising out of the causal factors that seem to have receded somewhat in the recent past.
Doctors may retain an arbitrator to tackle disputes out of court, where a neutral third party serves as the mediator of the dispute. The incidence of use of binding arbitration rather than the court system to resolve disputes have become more common and many doctors now require patients to sign such binding arbitration agreements.
Date and time of incident: The fraud occurred when a check of $ 30,000 issued by the internet auto purchaser, Jack Arnold, towards cost of Volkswagen automobile, $27,000 and freight and forwarding costs $ 3000, (total check for $30,000) returned unpaid from the bank. The dishonor by bank occurred on March 24, 2010 at 11.00 PM.
Siemens Inc. would not have been noticed or suffered the implications if it had remained careful and not made the entire process much obvious. Such as bribing the AUG labor union to concede to harsh policies of the company is an obvious step that would make the opposing party extremely suspicious about the fairness of practices.
First of all, the Chief of Police must consider the officer’s service for the last 15 years. Only prior evidence against him was reported before 10 years. For instance, disciplinary action was taken against this officer on behalf of his involvement in a fault traffic accident. But this incident occurred before 10 years.
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The term “white collar crime” was introduced by Edwin H. Sutherland in 1939, emphasizing the fact that criminal activity in the United States was to a great extent, taking place in everyday business by respectable individuals of high socioeconomic status. The main feature of the crime was a violation of trust.
The Law Commission & Scottish Law Commission 2009 p. 14). The phrase “sale in the course of a business” was clarified in R&B Customs Brokers v United Dominion Trust [1988] 1 All ER 847 as one referring to a sale that is basic to the business of the seller or even if incidental, but only if it regularly occurs.
The author states that before these clubs were established, shipowners were unable to obtain insurance for the entire value of the vessel, only three-quarters of the vessel, and the shipowner had to cover the other quarter on his own. Membership in one of these clubs, however, entitled the ship owner to turn to the club to cover the last one-quarter.
The author of the paper states that the court systems have been set with the burden of defining what is to be determined as an accident in regard to incidents that occur on air transportation. The word accident has the same meaning whether it is used in the United States or in the United Kingdom.
Much of a misrepresentation case is concerned with the determination of the kind of statements that are seen as reasonable and can be relied upon. In this context, fact statements, which are actionable, have been distinguished from other forms of statements that are seen as not being capable of forming the basis of action.
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The author states that the terrible irony of a state system is, if you murder a single person, you are bound to be imprisoned but if you massacre thousands, you are to be recognized as a strong political leader. Following this old piece of wisdom leaders like Hitler, Stalin and Pol Pot seemed to have adopted impunity for their crimes.
In this report, The Holyrood Project is being analyzed in view of the four-phase model of project management. Project management activities can be clustered into four process groups which are Conception, Development, Realisation, and Termination. Activities within these groups have clear dependencies and must be performed in the same sequence.
Therefore, a set of laws was formed as part of international law to protects the rights of people and minimize the effect of war and arms (Meron, 1989). Thus League of Nations was replaced by the charter of the United Nations that developed a universal declaration of human rights and international humanitarian law.