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An exemption clause to be valid should be incorporated into the construction of the contract and should also encompass the breach that had transpired. Moreover, the contra preferent rule states that any exclusion clause will be interpreted against the party that desires to rely on it. Consequently, it should be unambiguous.
In order to advise the parties it is necessary to consider the law in relation to resulting trusts, implied and constructive trusts, and proprietary estoppel. It will also be necessary to consider legal interests in the property. This will involve consideration of the law relating to overriding interests, in order to determine whether any overriding interests would be deemed to be in existence by the courts.
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9 pages (2250 words)
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The seriousness of gang-related criminal activities is derived from studies that distinguish patterned conduct by gangs and other groups to the criminal conduct of non-group, non-gang crime. This essay examines the criminal activities of gangs and other dangerous groups and evaluates why and how these activities propel criminal justice responses
Act failed to create distinct and fair labeling for crimes with significant moral difference and degree of culpability. Therefore, its lack of coherence and specificity has contributed to the legal dilemma where laymen, lawyers, and judges clash in statutory interpretations—making it a potent target for reconstruction to erase its badges of antiquity, unsuitability, and ambiguity.
The UK Government is liable for damages, in respect of the non – implementation of the directive. The EC constantly enforces the infringement policies and applies pressure on the Member States to harmonize and discharge the Community obligations. Therefore, Bob can impel the EC to compel the UK government to implement the Directive.
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It is the relationship present invariably in each society with a slight difference and is being followed by human beings through every civilization of every age. However, the way modern society views the relationship of a man and a woman in a bond of marriage is very different from the one which was inherited for generations.
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This analysis will consider whether or not that is true, through the collection of data and research. To determine this, a quantitative study will need to be set up in such a way as to study the scientific connection between the types of crimes that are committed, the issues that receive capital punishment, and whether race played a role in those.
The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, and weight, as furnished by him; and the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars.
Applying the rule of recognition, it may be noted that Molly has been selling her products in the UK, hence she should be able to sell the products in other EC countries. In the Cassis case, the Court made it clear that when certain standards have been applied and found relevant in one member state, there was no reason to reject them in another State without a compelling reason.
The proper approach is to determine the correct classification by reference to the facts and circumstances of each case. In essence, the Botham case is merely a summary of these emerging and developing principles that currently shape the law of fixtures. The intended purpose of the annexation is more relevant than previously and in some cases is the dominant issue.
According to the case of R v Bateman[1], gross negligence manslaughter occurs when there is a breach in the duty of care due to negligence and such breach caused the death of the victim. In our case, Olly, the fireman is duty-bound to bring the tools that he needs to fight fire and rescue people who are in danger.
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Critical assessment of the accuracy of the statement following: ‘Even where the appellant is unlikely to re-offend, the judicial authorities may be prepared to uphold deportation on the basis that it may serve as an example and deter others.’ Deportation can be defined as the forcible removal of the deported person from the UK.
The contracts are basically of two types i.e. written and oral forms. Though the written contract has an advantage over oral form, the oral contracts are also enforceable completely. Hence, the court of law would see the principle of reasonableness in the case under review than the emphasis on the type of contract made.
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The British criminal justice system is backlogged and the Labour government in power was elected on new promises to crack down on crime. In spite of the fact that the climate may not be ideal for criminal justice reform, the time has come for the British and the Canadian public to realize that significant changes to the criminal justice system must occur in the name of justice and due process.
Technically, there are three acts that should be considered in this case namely (a) the act of moving towards Mick in a menacing manner while shouting obscenities, (b) the act of striking Mick in the head using the bottle of vodka and (c) the act of carrying Mick to a garden shed and locking him in.
In the case of Mr. F and Mr. L, the former is in an advantageous position. In his case, there is a clause in the lease agreement which has clearly elaborated that if the landlord wishes; he can actually demolish or reconstruct certain portions of the building. But he cannot do it without serving a written notice first.
The EU aims for complete economic integration that will also require the free mobility of not only goods and services but most importantly, of people. It has many attributes of a country – its own flag, anthem, currency, founding date, foreign security policy, set of laws, and law-enforcement institutions.
To show that such duty of care has been breached, it should be stressed that the fire brigade also exhibited behaviour below the threshold of “reasonable men” when they left the fire scene without double-checking if the fire had been completely put out. Hence, there also good reason to believe that duty of care has been breached.
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This report contains an appraisal of the site and its surrounding, an analysis of legal and planning issues affecting the proposal and a recommendation stating whether the reason why the proposal by Cydonia Holdings to build a mixed housing should be approved. The application site is a 0.33-hectare site, currently owned by Westminster Council.
The constitution articulates the rights of the citizens in a country. Constitutions should let the citizen identify with and completely engage with the nation and the state institutions. Constitutions could be written or unwritten. It should be mentioned, that most of the countries have written and codified constitutions.
Who would inherit your property if you die after divorcing Romeo and the matrimonial home has now been transferred into your sole name, whilst the flat has been transferred into Romeo’s name? You have provided details that your possible heirs would be Romeo, your husband, if not divorced? Collin your son and one child you had given up from adoption.
The law consists of an array of requirements that must be fulfilled to a certain degree before causation can be found to link the act to the outcome. This causes the law to become rather result-oriented; an act need not be illegal in itself provided the outcome is some form of the prohibited and thus illegal result depends on the outcome caused.
Today online trading is becoming more relevant to all the industries. Today online trading is heavily used because it is a much faster, more efficient and cost-effective way as compared to the traditional means of trading. But at the same time, there are lots of security issues that have become major concerns among online traders.
The customers can be deceived and exploited in the name of the law. Thus, they are not bound to comply with all these terms of the implied contract they have entered into. On the contrary, if a court finds that the terms of implied law have been neglected wilfully, it may issue an order for compensation to the aggrieved party.
A process that saw its beginnings in the early 1800s, crime mapping did not initially strike police authorities, crime analysts and researchers as of significant value to the fight against crimes and criminality not only because there were other crime theories that got their attention but also because preparation of the same was cumbersome, to say the least.
The ECJ stated that every national court must, in a case within its authority, apply Community law in its whole and defend rights which the latter grant on individuals and should for that reason set away from any rider of national law which may clash with it, whether earlier or later to the Community rule.
The classical contract law has been developed through a series of political, legal, and economic evolutions of the entire law of contract. What is a contract? A contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty.
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Admittedly, September 11, 2000, the terrorist attack on the United States brought into focus a problem which before that sat simmering in the shadows of political discontent. Since the attacks, the repercussions are still being felt throughout the world and are likely to have lasting implications.
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The law system itself has been geared to play a major role in treatment programs. This paper seeks to examine the pros and cons of integrating drug treatment within the correctional system. To do this, there is a need to understand the origin of this thrust and analyze the major and specific effects if implemented.
In order to substantiate a claim for adverse possession the person asserting the right must demonstrate factual possession as well as the intention to possess the land. Factual possession is determined by evidence that the possession of the land has been peaceable and open, used exclusively by the person claiming the right.
Tortuous liability is generally with a person with whom there is no connection of a contractual liability. The general nature of tortuous liability states that person who owns the building such as waste management, education; housing and building services of Severnbridge Metropolitan Council, the owners of the building are responsible for the maintenance of the building.
Detectives rummage through suspects’ garbage, send letters to be returned in hope of collecting DNA, and lie to suspects. The legal system has upheld a detective’s right to use deception in interrogations. The theory of being an innocent person would not confess if a detective used deception. The testimonial process is also deceptive.
The misuse of Drugs Act 1971 s.6 provides that it is an offense to cultivate any plants of the genus cannabis.S.8 (2) of the Act provides that it is an offense for the accused to prove that he neither knew of nor suspected nor had any reason to suspect the existence of some fact alleged by the prosecution and which it is necessary for the prosecution to prove to secure a conviction.
Aside from the general requirement of relevancy, it is important to first establish whether the expert opinion “forms part of a recognized body of learning,” and that it is “beyond the knowledge of human experience.” Hence, in this case, the doctor’s opinion meets the two requirements as it is based on the scientific process and technical knowledge that a layperson may not be able to understand.
The device which would be able to track the bus routes and traffic would facilitate the commuters in anticipating the option to board the best transport for their destination and thereby greatly save time. Eighteen months after leaving college, Marina formed her company and developed the device for London bus service.
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Now that AFEC Inc shipped on the nominated vessel at Port of Lagos, Nigeria only 50.100 tons of grain. Further, though the shipment of the consignment was completed on Apr 2nd, 2009, AFEC Inc persuaded the master of the ship to issue a bill of lading 31st March 2009. They also successfully persuaded the master to include in the bill of lading both a deviation and a deletion clause;
Marriage is an important factor in the lives of people and there are certain religious factors that need to be considered while the lawmaking authorities are defining the procedures. There are marriage laws and divorce laws and everyone needs to understand and follow accordingly if they need to keep their lives within the jurisdictions.
According to George Bermann, the “EEC Treaty.....was conceived as an international agreement, and only later came to be viewed as a constitutional document.” The judicial rulings of the ECJ in the 1960s and 1970s have in effect resulted in a constitutionalization of the treaties establishing the European Union through its jurisprudence.
Criminality is inherent somewhere in human nature just like good virtues reside in some corners of the human heart. Criminologists study and analyse criminal behaviour to rein-in such activities. With the changing of times new criminal opportunities have surfaced from the use of new technologies, new types of organizations and new markets.
The case is not showing any signs of being solved and is in a position of stalemate. In order to resolve the disputes, the various parties involved can take a number of measures. Though in the whole transaction, there are various parties involved primarily the dispute is in between the Brazilian consignee and the shipping vessel
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The paper tells that it is generally considered that the commercial all of the united kingdom facilitates and encourages international trade, by having a set of simple rules which the English courts strictly follow And applied to aspects such as ‘Cost Insurance And Freight’ and ‘Free On Board’ contracts.
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The present research has identified that Hart’s view differs from another great legal philosopher, John Austin. Austin view on law gives the impression that it is more like a command given by a sovereign that has to be obeyed without question. Hart says that this view is similar to a gunman in a bank giving orders to hand over money.
The acceptance of an offer should conform to the terms of the offer. If any qualifications or new terms are introduced, then it is transformed into a counteroffer. A counteroffer serves to rescind the previous offer. Flavio and Marco requested a quotation from Nuriya. She offered to complete the task, within four months for £ 200, 500.
Franchises, contractual hiring and outsourcing are a few of these methods but the agency is one of the oldest and mostly preferred methods to conclude such transactions. The reasons for its adaptation are numerous. Such as, in today’s corporate world, a company, a legal entity, acts through its directors, who also have a fiduciary relationship with the company as an agent.
While talking about crime, we must talk about criminal justice. Criminal justice means those systems or institutions which are owned by the government of any specific country and its prime responsibilities are deterring, mitigating criminal acts or violations made by the criminals or offenders and sanctioning them.
It is not clear as to how Mary proposes to bring them up without monetary aid from john, as she has no income of her own, and the change in circumstance will not be necessary for the best. The children are too young to be subjected to lifelong strife, and so Mary needs to go to the social worker and get the issues sorted out with her.
The brief analysis in the paper would go to show that the interim certificate has its own sanctity and the Bill of Exchange Principle of Dawnay’s case still hold s good and the seemingly differing views in these decisions are in a different context without touching upon the Interim Certificate’s stand-alone validity.
It was after World War II that international trade grew greatly and along with it increased the significance of international commercial law. As the business increased between countries and companies throughout different nations, the necessity of harmonizing and organized commercial laws also become apparent.
The author of the paper states that if the parties are willing to come to an agreement, regarding property issues, then all the factors are incorporated into a consent order. Thereupon, this consent order is formally submitted to the court, for its approval. There are some issues to be taken into consideration, under section 25, while making the consent order.
This paper examines the employment contract, distinguishing it from the ordinary contract and demonstrates how the application of ordinary contract law to the employment contract can prevent employment tribunals fairly and justly balancing the interests of the employee and the employer, but it is not entirely constraining.