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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.
As the paper highlights, “unconscionable” means unreasonably excessive or advantageous and in the context of law, it implies that the terms of contract are unreasonably advantageous to one of the parties pursuing the contract. It is important to note that a contract is not deemed to be described as unconscionable just because one party’s term and condition are unfavorable.
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9 pages (2250 words)
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The civil and natural rights of the individual, when violated, shadow the integrity and ethical values of the world. While it would be simple to limit this discussion to one nation, the issues of violation of these rights in other, are tied to each other as the world has become a global community.
6 pages (1500 words)
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The recent decade has seen a tremendous shift in the juvenile justice system whereby owing to various reasons, and particularly a rapid rise in juvenile crimes, young offenders are being increasingly tried in adult courts. Such a trend has become a major topic of debate among the lawmakers and scholars alike.
13 pages (3250 words)
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The Office of the High Commissioner for Human Rights (OHCHR) provides these mechanisms with personnel, policy, research and logistical support for the discharge of their mandates. “Special procedures are either an individual called ‘Special Rapporteur’, ‘Special Representative of the Secretary-General’, or ‘Independent Expert’ or a working group usually composed of five members (one from each region).
According to Section 3 of the Unfair Contract Terms Act (UCTA) 1977, a party that drafted the standard form cannot exclude certain liabilities from breach of such contract or absolve the party from liabilities when the performance of its obligations is substantially or totally different from that what is required or expected of him or her.
10 pages (2500 words)
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True to the extent that public companies, and the price of shares they issue or will issue in the future, are dictated by the prices reflected on stock market exchanges where trading of their shares take place. When it comes to private companies, however, the statement is not entirely true because despite the fact that private companies are not confined by prices seen overtly by the public in stock market exchanges.
In a mortgage by way of legal charge, equity does not allow any option to purchase the property in question to the mortgagee as it is a right offensive to the paramount equity of redemption. This provision confers a right to purchase the property to the mortgagee within the first 20 years of the loan.
Anson observes in this connection that the consideration need not be adequate to the promise, but it must be of some value in the eyes of law. The curt will not make bargains for the parties to a suit and, if a man gets what he contracted for, will not inquire whether it was equivalent to the promise which he gave in return.
The legal rules of valuation of newly issued shares of stocks of public and private companies is true to the extent that public companies are limited to the valuation by market forces as indicated in their prices in stock exchange markets and to the extent that there are no fixed rules for valuation for newly issued shares by private companies.
4 pages (1000 words)
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Research has shown that most sexual offenses are committed by members of the lowest socio-economic classes with a low education. cases of sexual abuse are rampant in poor communities and they often go unnoticed or reported. The lack of proper education coupled with the absence of a complete family unit in some cases in the African context.
Companies Act 2006 allows the formation of a private limited company with just one Director however that Director needs to be a natural person. As such in order to form a company, it is not necessary to have more than one Director however, in our given case study, there are three Directors.
8 pages (2000 words)
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Every person has the fundamental right to life, freedom and the pursuit of happiness. This is the construct within which, forces involved discuss capital punishment along the following lines: some acts are so despicable and heinous that the community cannot stand. This, therefore, invalidates the perpetrator’s right to life.
The greatest risk for incarceration comes from those with a history of imprisonment, especially with the inability to reintegrate with their past lives, from reuniting with past relationships, holding parental responsibilities, and establishing themselves independently, which all brings great strain and anxiety to the person, increasing their risk for recidivism. This is in addition to the influence of incarcerated parents on their children.
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The hypothesis for this study is that the reduction of minor crimes by the deployment of more personnel and arresting petty offenders lead to reductions in serious crime by applying the principle of broken windows theory. The study will be qualitative in that it will be data analysis of the figures of crimes committed in the localities.
22 pages (5500 words)
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It is an illegal secret agreement concluded between competitors to fix prices, restrict supply and/or divide up markets. The agreement may take a wide variety of forms but often relates to sales prices or increases in such prices, restrictions on sales or production capacities, sharing out of product or geographic markets or customers.
As the paper outlines, a field researcher in carrying out an investigation on phone thefts would not only carry out a quantitative research on the population of people that steal phones but would also carry out a qualitative research on the type of phones that these thieves steal. The foregone is a major advantage.
With the progress of time, human activism within the domain of global boundary gradually became complicated and consequently, conflicts between states became inevitable. Such conflicts also initiated several others other issues, namely, abundant abuse of human rights, deprivation of states and their inhabitants from enjoying their rightful claims.
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Neither do the facts show that all the other humanitarian grounds under the European Convention on Human Rights (ECHR) will be flagrantly violated to the extent of their being nullified or denied in Iran.
If the resolution is successfully passed and approved by the registrar, then, later on, be considered as the new name for the company, Edwardo is not left without remedy too. He may allege that the change is not done in accordance with the provision of the act as well as with the articles of the company—thus invalid and void.
It is clear in the case of three directors of “Toys4Ultd” that all three of them have legal liability towards each other since they are jointly taking control of the business as directors; thus “Companies Act 2006” applies here. Don and Francesca must consider all legal liabilities that can be thrown at them by Eduardo.
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Reportedly, in response to such a treacherous act, the Congress passed a resolution which authorized the President to "use all necessary and appropriate force against those nations, organizations, or persons” which the President “determines planned, authorized, committed, or aided the terrorist attacks".
According to the research paper, the issue of ‘immigrant’s naturalization’ in the United States is a disputable political topic form many decades. Naturalization law for immigrants passed by the congress on 26 March 1970 is the first ever government legislation that talk of giving rights to the immigrants.
Another noteworthy aspect of this contract is the technical personnel and project manager of the consultant firm. They were retained to oversee the project that was previously aware of the adverse ground conditions and needed additional time and costs; this was not disclosed to ICP lead contractors.
The trust instrument itself may be utilized, and since in this case, it stipulated that the property be used as a “family home”, the courts would be further reluctant to order a sale. Since David has not reached full capacity yet, on balance, the court may order a postponement of sale till he becomes of age.
Commission’s main role in sports in Europe is to consult with organizations across the region to plan for sports development and to identify problems associated with sports and that only in extreme cases wherein the Commission would enact legislation that would directly impact sports. (Honeybourne, Hill and Moors 2004, p177)
Rule 5 or equivalent reinstatement concept is complex in nature. Tribunal has applied various yardsticks in each case as regards to “equivalent reinstatement.” In “Wilkinson v Middleborough Borough Council”, it was held that rule 5 was not applicable as the claimants had not made the onus of proof that there existed no general demand or market for property for carrying out the practice of the veterinary surgeons.
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The author states that the legislative is an important branch of the government but it has its own limitations. It is the cumulative power of all the components of the society designated to perform acts for the community yet it must be remembered that “nobody can transfer to another more power than he has in himself".
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The author states that in the United States of America, an initiative was taken to check the integrity level of police officers. This initiative involved a fact-finding mission within a sample group that represented a cross-section of the US police force. A sample group of one County Agency and one Sheriff’s Agency were chosen.
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The author states that it is important to state at this point that the paper argues for the death penalty for completed crimes, which have been successful. Attempted murder is not an area of debate of relevancy here, for it unavoidably brings the issue of intention and culpability into play. The focus is on successful crimes.
The most striking part of the MAYSI-2 analysis in concern with Jamie is the clinical elevations diagnosed through the Suicide Ideation Subscale. Suicide ideation can be a result of PTSD, substance abuse, BPD, Panic Disorder, Anxiety Disorder, etc. Among adolescents, it can further be characterised by antisocial, impulsive, and aggressive behaviour.
The presumption of compensation culture proliferating in society on account of the Law of Torts holds no basis. There are restrictions placed on pure economic losses in various countries, and there is no uniformity on finer details. These dissimilarities restrict the scope of liabilities in purely economic losses.
Till the 1970’s the law on liability for economic loss due to negligent acts was easy. Economic loss due to a negligent act may result in physical harm to a third party's property. Loss due to damage may disrupt the claimant's capability to continue his business, as in Cattle v Stockton Waterworks.
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The most common kinds of intellectual property include trademarks, copyrights, industrial design rights, patents, and trade enigmas in some jurisdictions. According to Sherman and Bently (1999), “The British Statute of Anne 1710 and the Statute of Monopolies 1623 are now seen as the origin of copyright and patent law respectively.”
A contract is a legal tool signifying the meeting of the minds between parties to deliver certain goods or perform specific services. In order for a contract to be valid, certain requisites must be met - an offer and its acceptance, legal consideration, capacity of the parties to enter into contract and compliance with the formalities of contract.
Competing governmental interests may fall under the following: false conflicts, when only one state has an interest; true conflicts, more than one has an interest, and; unprovided-for when no states are interested to apply its law (ILO 2005). The only competing interests here are State A, where the defendant resides and State C, where the action is filed. On the basis of theses different approaches, the court should apply the law of State A.
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.
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The project starts in June and ends in September. First of all, the topic is selected as it is the first step of the research, this is done before June. After topic selection, the sources that are required for the research will be searched and material related to the research will be gathered in June.
The main argument is who authorized the chair for Lionel. Why would a firm deprive an employee of a good chair unless they wanted to make things difficult for him and get him to resign? Also, why would the Line Manager continue to block Lionel’s attempts to draw her attention to his colleagues’ taunts?
The author states that the mediator whose objective is to bring out a positive outcome has to be naturally taken into confidence by the parties to the dispute. Unless there is an assurance that confidentiality of matters relating to the dispute will not be compromised, parties will not come to the mediation forum.
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The history of antisocial behaviour dates back in the early 19th century when various scientific studies revealed the occurrence of individuals who were mentally healthy but continued to behave in a manner that was unacceptable to society despite having knowledge regarding their antisocial conduct.
The beginnings of the UK Trade Mark Law took root as early as pre-1875 and were part of Common Law. The ground for protection of marks was then based on the concept of deceit and misrepresentation, which eventually evolved into the property after the passage and adoption of the first trademark law in 1875.
In the Fanti and the Padre Island cases, two autonomous applicants filed an appeal to the House of Lords to seek remedy in opposition to the protection and insurance organizations. These cases highlighted the connection between the ‘pay to be paid’ clause and the Act of 1930. The holders of the Fanti were associates of an insurance society.
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As is the case with most fundamental legal principles, the courts have been faced with circumstances in which exceptions to Salomon have been necessary and indeed permitted. And so began the slow and steady battle between the courts and the new cases which required that the Salomon decision should be applied carefully.
One of the duties imposed by the law on company directors is to act only within the confines of the functions and powers granted them by the company’s Constitution. This doctrine is essayed is s 171 of the Companies Act 2006. The same section, in the next subsection, also stresses that such powers legally conferred must only be the exercise.
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In a dual system like ours, there are two different streams of court and have their own areas of adjudication. Normally no court interferes in the matters of the other stream. But in case of Ed Johnson, instead of preferring an appeal in the District Court of the state, the attorney filed an application for de novo trials.
Under the Animal Welfare Act 2006, it is stated that a person commits an offense if an act of his, or a failure of his to act, causes an animal to suffer. It is also stated in this act that an animal’s needs shall be taken into consideration such as the following: the need for a suitable environment, the need for a suitable diet etc.
This case involves Alex – a Western Australian winemaker, Neil – a regular purchaser of Alex’s wines and Clive – who is also a regular client of Alex living in Canada. Alex makes an offer to his regular purchasers and Neil accepts it, thus entering into a contract with Alex. The same happens with Clive.
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As soon as the human rights groups state that the law is unjust, the opposing group asks - what is just and unjust? It is necessary to clarify a notion of justice which coincides with the classical definition of justice found in the Justinian’s Institutes: justice is the constant and unceasing will to render to each one his due.
“No act is punishable if it is done involuntarily: an involuntary act …means an act which is done by the muscles without any control by the mind such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleepwalking…”