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Both the parties should have the required mental health to interpret the terms and conditions of the contract before signing it. Moreover, both the countries prohibit minors from signing a contract. Persons who sign a contract on behalf of minors should take the responsibility of any consequences occurring from the contract.
Irish Constitution attempts to make balances between the rights and duties of parents, the status of the family, personal rights, and the authority of the Irish government as a custodian of the common good. It is to be observed that the main endeavour of the Irish Government in its anticipated amendment is merely to incorporate children’s right to make a decision on their own.
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The researcher states that due to budgetary constraints and changes in priorities of the government, the Arizona State legislature voted to eliminate the funds intended for most types of organ transplants from the state’s health care program for the indigents, the Arizona Health Care Cost Containment System (AHCCCS).
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.
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This study aims to find out the development of father’s rights in the twenty-first century with respect to child custody by a divorced or unmarried father. The father’s right movement was formed as a reaction to the prevalent perception of father’s not receiving equal treatment in child custodial matters.
The passage of the Companies Act of 2006 has brought about certain key changes, which may be summarized as follows: (a) refining of the scope of director duties (b) promoting shareholder engagement in the functioning of the Company (c) simplifying capital maintenance provisions and (d) facilitating e-communications.
The law of estoppels generally enquires in this issue whether the promise not to sell has been made without consideration – thus, if V received any consideration – money – for this verbal promise, she would be bound to keep the sofas until 3 pm Saturday, or stopped from selling them sooner than the stated date.
The two states are situated opposite to each other with a natural passage or arm of water. Situated within this water strip are many islands - inhabited and just rocky outcrops with no economic function, some which are claimed by state A are within three miles of the coastline of state B but state A claims historic sovereignty over these islands.
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The Preston Borough Council (PRC) is authorized to proceed with the planning for redevelopment of a piece of land that used to be the premises of St. Mary’s Church, at Friargate Brow. The property is government land and is owned by the government and has been given on lease to the church diocese.
Thanks to the change agents like that of information technology, communication process and globalization, the tricks and the trades of the business and the industry are fast changing. The objective and the importance of law or the legal framework in any country is to control the behaviour of the citizens so that they do not commit any harm towards the nation or towards the fellow citizens.
SFAIRP is also defined as “it can be done, it must be done “or “practicable.” It is a statutory liability in health and safety legislation. The legislation may be absolute or qualified by expressions for ensuring “practicability.” The courts make a determination as to whether duty holders have complied with their obligations.
According to the positivist theorists, this would be the end of the inquiry. The two parties entered into a contract, the contract expressly stated that the manufacturer is only liable for mechanical defects, not for injuries resulting thereto and there was nothing in the legislature that stated that the manufacturer could be liable in such a case.
In Waters v Commissioner of Police for the Metropolis, Lord Slynn stated that the employer had to supervise the acts of his employees. If the acts of an employee during the course of employment, cause physical harm and psychological stress to others, then the employer must take the necessary steps to prevent such acts.
The case Taylor versus Caldwell highlights controversial elements pertaining to whom should absorb losses in the event that a situation arises causing the performance of the contract to be impossible. Moreover, the objective of impossibility implies that neither party could have fulfilled their obligations with regard to the contract.
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.
The concept of Parliament Sovereignty had long been seen from the classical point of view of Albert Venn Dicey, who is deemed to be the greatest British and constitutional jurist, in which the Parliament is considered to be the receptacle of the most supreme authority in legislation. This supremacy entails the power to make laws, change laws and abolish laws.
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Generally speaking, the proposal of the dissertation only touches the areas that are to be discussed in a broad spectrum in the final paper. The proposal encapsulates the succinct view of the differences that the traditional English laws have with the much-debated Regulations 44/2001 of the European Union.
The author states that proposal for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. A proposal is sufficiently definite if it indicates the goods and implicitly fixes for determining quantity or price.
The World Wide Web denotes its name exactly, a world all on its own. The digital media that is the internet brought a revolution to our culture and society. Access to the internet empowers any individual in ways that would have just been a dream decades ago. It has equipped people with the ability to transform the convergence of information.
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.
the UK, it is very difficult to get reinstated into the employment, on being dismissed unfairly. The Trade Union & Labour Relations (Consolidation) Act 1992 (TULRCA), does not provide any significant help in this area. A Trade Union receives legal immunity only when it can demonstrate that its goals are lawful.
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Sharia law is more than a legal regime for Muslims. It dictates the way that Muslims should conduct themselves in their daily lives. In many ways, Sharia is a way of life for Muslims to the extent that Muslims living abroad continue to respect and abide by the principles and concepts embodied in Sharia
The First Amendment of the US Constitution clearly provides for the exercise of religious freedom. As a matter of course and of law, that freedom has its adjunct or supplementary liberties. Hence, the believers or followers of a religious sect are likewise free to adopt or practice the rituals and ceremonies under their faith orientations.
Since the enactment of the Patriot Act, controversy has covered it. While its proponents deem it a necessary evil in the face of new threats to America in the dynamic global political climate, to civil libertarians, it is an unpatriotic means of infringing on individual privacy rights and on free-speech, interfering with freedom of the press.
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The findings from various researches conducted on this behalf indicate that a significant proportion of the offenders surveyed had used drugs recently. The findings are similar across the world. For instance, studies conducted in countries like U.S.A., Australia, and the U.K have indicated that almost 63% to 69% of those arrested for crimes test.
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The two components are considered to be essential for an effective corporate governance system. The executive body will have to undertake two diverse functions, such as the general corporate functions and supervision of the functions. As such, it plays the role of the supreme executive body and the supervisory organ within the corporate entity.
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There would apparently be challenging tasks in identifying and implementing such a section, but it appears in principle the most favorable means to do justice to what are, this paper claimed, the rightful demands of the political community on its citizens, as well as victims, to fulfill their role in responding to public offenses
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One advantage of using secondary data is that it is a pragmatic way to do the research because such data can go beyond the geographical distance. Moreover, it is possible to squeeze more time and spend it in thinking about the research aims and taking more efforts in analyzing and interpreting the data.
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The results of the paper will allow an understanding of the contribution of international laws in the prevention and reduction of this practice around the world. The researcher will carry out the proposed research principally while focusing on the secondary research methodology regarding different aspects of human trafficking, such as its causes, factors, preventive measures, statistics, etc.
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Companies or corporations are generally created to spread the risk of investment and to protect the interest of the owners. Unlike single proprietorship and partnership, the corporation enjoys autonomy from its owners. By operation of law, corporations enjoy legal fiction and have a distinct personality from their owners.
Lawmaking cannot be left in the hands of Courts and jury since it could be robbed of critical application and holistic approach since it is necessary that lawmakers need to consult the public on how best it could be framed and implemented. Judges are constrained from seeking opinion for law and legal pronouncements.
The murder could be mitigated if Adam could show that he was provoked. This would be a partial defense. We have to look at - 1) did the loss of self-control coincide with the act of the killing? 2) would a reasonable person act in the same manner? If this is the case, then the charge could be reduced to manslaughter. R v. Camplin (1978) 1 QB 261.
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Liquidation may suddenly come up in the process of two or more organizations engaging in business relationships. The principals affected in these business deals are Contigrain Ltd, located in Southampton, England; Agriplus Plc of London; Munchy Feeds Ltd of Northampton; Mr. Giles; Hampshire Supplies Ltd; and, indirectly, Industrial Finance Ltd.
With regard to the contractual rights against Unimeal plc, the contract between Karg and Unimeal plc was concluded on CIF terms and provides different rights with regard to documentary obligations and delivery, which will impact Karg’s rights to claim. The UK has not ratified the Vienna Convention on Contracts for the International Sale of Goods.
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.
Based on the studies gathered, there is sufficient evidence to conclude that family problems and social environment are causes of youth delinquency. Family problems like broken homes, abuses and neglect push the child to get the attention they need from their peers. Peers exert pressure on the child, much more if the peer group is a dangerous one.
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Discussion of equality in the UK has been ongoing, covering numerous areas of concern as they arise. In 2006 The Equality Act was passed as a first step toward further legislation designed to combine all equality legislation of Great Britain in a concerted effort to protect the employment rights of people across the racial, ethnic, gender and class spectrum.
The paper has identified and analyzed different studies related to the topic; however, it is anticipation that future researches in this regard will allow a more comprehensive and updated understanding of the impact. It is an expectation that the paper will be beneficial for students, teachers, and professionals in better understanding of the topic.
An offer is “a proposal by one party to enter into a contract, on a particular set of terms, with the intention of being bound as soon as the party to whom the promise is made signifies his acceptance”. An offer is a presentation of clear terms and conditions coming from one person (the offeror) to another person (the offeree) to make a contract.
In the matter of the sale of generic goods, the seller is bound to supply appropriate goods of the description on the contract as per the case of Bowes v. Shand (1876 – 77) L.R. 2 App. Cas. 455 (HL)₄. In the case here under review, shipment time was restricted to February/March 2009, although loading was actually completed on 2nd April 2009.
The concept of regulated third party access set by Directive 2003/55/EC has been reinforced with the Article 22 and procedure followed in applications for exemption from tariff to the newly developed liquid petroleum gas terminals. Regulated TPA based on yearly tariffs can occur in monopoly conditions.
The numerous decisions of the court in relation to psychiatric injury have created a patchwork of rules and criteria as to when employees may successfully claim damages for psychiatric harm. In deciding cases brought before them, the courts always look back into judicial precedents before deciding the case at hand.
These conditions, however, can be waved to someone who seeks permission from the holder of the copyright. The creative approach relaxes rules on copying while at the same time allowing the owners to retain their moral rights including the right to protect their work to be used for others for commercial purposes.
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In Barclays Bank Plc v O’Brien, Lord Browne-Wilkinson had stated his opinion regarding the disadvantages of married life, particularly for women, and how modern wives were deprived of their independence due to the marriage institution. Women had enjoyed special protection, under equity, in the context of their surety transactions.
Under the government framework of the United Kingdom, there are agencies denominated as non-departmental bodies. There are three types. An executive body is one that undertakes a good number of tasks involving its own operations and regulations in connection with its defined powers and authorities. It also deals with commercial and semi-commercial transactions.
Chadwick was working at the railroad when the incident happened and he was forced by circumstances to give aid to the victims of the incident. He was not in anyway duty-bound to extend help to the victims but he did anyway. Unlike Palegray, he did not have the right training and experience to deal with the aftermath of the incident.
“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.
The case of New Zealand Shipping Co v Satterthwaite [1975]1 concerned the right of the defendant to terminate the contract with the plaintiff. In this case, the defendant had entered into a contract with the plaintiff for the supply of leather booties for babies.
Three main issues that may have the greatest impact on Australian land laws. the overturning of the doctrine of terra nullius (land belonging to no one) in Australian land law, the question as to when a native title is deemed extinguish and the effect of this decision on existing as well as future land rights legislation.
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.