Philosophers of science have long established the concept of causation. The reasoning behind the concept argues that a problem can be better tackled and/or alleviated by the understanding of the root cause(s).
Under the tenancy agreement, both the tenant and the owner are assigned certain rights and obligations, as par the law, which are binding on both and are at least equal to their statuary rights. If less, that clause of the agreement cannot be implied. There are two parts to the agreement: the express terms/clauses and the implied terms/clauses.
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The lawyer has submitted its arguments with direct reference to the section 2(1) and 2(6) (b) which provide defense to the convicted relation to a genuine document. The section 2(6)(b) has provided 'provide a defense in relation to a genuine document where the accused has travelled to and entered the United Kingdom using a false document', for which the defense counsel has referred to the provisions listed in section 2(3).
Persons seeking international protection in the European Union (EU) have increased tremendously since the 1990s. As a result the member states need to find a common solution to this situation. This process of integrating the refugees in the European Union forms a part of the larger process of European integration which began with the Treaty of Maastricht (1992).
B says yes. At that point, the sale between A and B has been perfected because the parties by then have intended or agreed to have the goods transferred to the buyer.4 B becomes the owner of the Austin car and he is now under obligation to pay to A the ten thousand pounds, the amount of the cause or consideration or the selling price of the chattel.
The author states that the rods were indeed shipped on 10th September 2008 on board The Samba Carnival a ship chartered by Amazona Ltd from the shipowner, Pacific Liners Inc., and Segal had prepared a bill of lading for the Master of the Samba Carnival to sign but unfortunately the date was incorrectly recorded as 11th September 2008.
Advances in communications and transportation, as well as increases in international trade and economic relations, have contributed to the development of a global drug network. Over the past 20 years, the trafficking of illegal drugs has undergone significant change with both the production and consumption of drugs reflecting global economic realities.
What it has done is brought a better awareness of basic values and standards of living that all those in a sociological environment share (DCA 2005). This is especially resourceful because in the practice of social work there are always a myriad of economical problems to overcome with each individual and the way this new stipulation is set up in the Human Rights Act offers a better comprehension for the social worker as well as the service user.
Normal daily activities may be defined as the daily routine of a person which includes travelling by general transport, writing, handling telephone, reading, and normal method of conversation. Long run means that the defect of a person has a lasting effect and it is expected to continue for a minimum of one year.
The idea of the CPA is to have the same rights as a married couple under the law, but how can it be considered equal when the legal requirement for marriage is that one is born male and one is born a female. Even this definition is debatable. If one member of a marriage has a sex change, what then? The controversy continues.
A discretionary trust is formed when no individual person has any right to receive income or capital and it is left to the trustees discretion to decide as to who is to benefit from a given list of beneficiaries, when they are to benefit and to what extent.
Labor market is considered to be most competitive market, where the established market price is much closer to the value of the product. Therefore, the employee is likely to receive marginal value, in the competitive market, excluding the factor of minimum wage.
The defendant's contracting firm had been engaged in a building contract for the refurbishment of a block of twenty-seven flats. Some of the work was subcontracted to the plaintiffs for the price of twenty thousand pounds. The Plaintiff soon suffered from a financial crisis and realised that he had under priced the refurbishment.
Hannah and Ian have been the only consistent parental support provider in this case with parental responsibility.
H annah and Ian, has the clear Parental Responsibility according to Children Act 1989, as the mother is irresponsible and not committed to take care of the children and father who adopted them is physically not around.
In Australia today, there are two major sources of law called as common law (judge-made) and statute. Common law is originally received from England and it is a law which made by judges in the common law courts through the use of doctrine of precedent, in other words, the previous decision by judge.
Thirdly Gilfil plc may proceed against Eliot Electrical Manufacturers for having duplicated its patented version Phoebus brand. in the name of Pharos which Barton bought from Eliot Electrical manufacturers and supplied to Tryan.
Fifthly, Gilfil plc may file a suit against the carriers for having negligently delivered goods to Tryan resulting in damage of goods in rain irrespective of what the carriers' standard form of contract stipulates.
The law of torts developed out of court decisions in providing remedies where there are no remedies available in any statutory law enacted by the legislation. In the beginning of law where disputes arise between parties the courts use to see whether there is any remedy for the dispute.
Recently Law commission recommended the retention of the manslaughter by gross negligence and has made proposals to facilitate the conviction of companies for that offence.(The Fennel Report,1988)(2).In the light of these events, a discussion on those legal means by which a company can be brought in to justice for the individual's injuries and death ,deserves great importance.
The Bill Of Rights from 1948, clause 17 dispose that “ every private person or corporate body has the right of respect considering his assets. No one can’t be deprived of his property only in the case of public utility and in the conditions stipulated by law or by the general principles of international law. “
False confessions are expensive from a legal point of view, but rather more importantly, the conviction of an innocent is a human tragedy. The act of confession by an innocent has a considerable research history in psychology and law. Much of it has been positive; however we propose a normative study of why innocents confess.
A child born to Wulfrunian parents is an Wulfrunian citizen. If the parents are married at the time of birth, Wulfrunian citizenship of either the mother or the father is sufficient. If the parents are not married, however, a father cannot pass on Wulfrunian citizenship, whereas a mother can.
The Treaty on European Union (Maastricht) 1992 involved the creation of the European Union. UK incorporated of the EC law into domestic law by European Communities Act 1972. By virtue of ss .2 (1), 2(2), and 2(4) EC law was directly incorporated.1
Art. 221 provide that the Court of Justice will consist of fifteen judges.
Every company incorporated by registration under the Companies Act must have a Memorandum and by virtue of Section 1 (1) of the Companies Act 1985 the memorandum must be subscribed by the persons who have the intention to form the organization. These persons are known as 'Subscribers to the Memorandum'.
In the case at hand, Horace has sold the property to Pavel and has disappeared, Wynona who is Horace’s legal wife although may not be able to get an equal share from the income generated from the sale of the property. But her right’s, as a wife, shall be upheld should she choose to take Horace to court.
There were many law collectives in the 1970s and till late 1980s. These collectives ran as worker-run, co operative law firms. They often had revolutionary politics, and supported explicitly revolutionary groups and individuals.
Polkey reduction may either be expressed as a percentage reduction (sometimes it has been a 100%) or as a cap on recovery for future loss. 2
Therefore my advice to the employer would be that even if certain procedural steps are not taken by an employer, there might still be a compensation reduction in the employee's award if it can be shown that the presence or non presence of those mandatory procedural steps would not have made a difference to the decision to dismiss.
Justice and welfare are recognised as distinct theoretical constructs, although it is also clear that in practice they overlap along a continuum. Similar for each is the multiplicity of meanings, reflecting parts of a larger umbrella term. Decision-making entities involved in child welfare, their care and protection.
That would, of course, "usurp the province of the jury" and threaten the Rule of Law by resolving the dispute according to criteria other than those embedded in the instructions. This basic requirement, more a first principle than a rule of evidence, is of much deeper significance than any of the specific exclusionary rules that are usually thought to constitute evidence law.
At present in almost every community, police and the concerned groups are vigilant in apprehending those who sale prohibited drugs and most of all rehabilitating those who are addicted.There were studies conducted and laws created to eradicate and prosecute individuals who are engage with drugs and send them to criminal courts. Those people who were apprehended and found guilty were put in prison.
According to the study of Belenko and Dumanovsky of the New York City Criminal Justice agency in 1993: The number of drug arrest in the United States between 1980 and 1989 increased by 134 percent.
Before I proceed with an analysis of the law governing this question the following facts have to be taken note of. Firstly Julian is a senior employee of a firm that actually “innovates” and creates new tools. Secondly, this may be his part-time hobby but he is using the resources of his office like the equipment and the infrastructure etc.
The Supplier of a service acting in the course of business in England, Wales and Northern Ireland to carry out a service with reasonable care and skill and, unless agreed to the contrary, within a reasonable time and make no more than a reasonable charge.
They asked the security guard on duty if they could remain inside and if he could call the police for them, but were cast out. Subsequently, Mr. Broughton sustained multiple stab wounds that turned out to be life-threatening. Mr. Broughton went through a long physical recovery and ensuing psychological trauma due to the incident.
Credentials to be required of the subsidiary contractors shall include expertise, experience and probity. Under such circumstances, and even in the remote possibility thereof, the company has to seriously assume that it has to absorb all liabilities in case of lapses and drawbacks in the project accomplishment.
Negligence is viewed as the same as being careless, as someone could be doing everything within their ability to be careful, but nevertheless, fall short of what is expected of them. a situation where someone suffers a loss and is injured as a result of the negligence of another, they may be entitled to claim losses from the negligent one.
While the main purpose of the adult criminal justice system is to punish the criminal according to the level of his or crime, the aim of the juvenile justice system is to apply rehabilitation or mentoring to juvenile offenders in order to prevent further crimes and to change their delinquent behavior.
The author analyzes the case where Cliff agreed to supply a Boiler to Desmond for his laundry business. The present case comes under the purview of promissory estoppel, wherein Desmond agreed to pay a bonus to Cliff. Though the payment was in respect of an already existing contract, Desmond was benefited by the completion of the work in time.
The author gives an example of an industrious farmer who manages through hard work to produce a surplus of food for the winter while a lazy neighbor spends the summer relaxing. Must our industrious farmer give the surplus away because without it that neighbor, who refused to work, will suffer?
The author explains that it was the first hospitalization for the woman and she had had a severe attack in the lower quadrant, in the same are, the last December. She has severe pain and a mass formed, in the area and had come to the hospital for a checkup and medication.
Under the glare of Critical Legal Studies (CLS) scrutiny, once-sacrosanct legal precepts are being dismantled, stare decisis as a doctrine is being reexamined, and the infallibility of the courts as repository of truth and justice is being questioned.
How then does a notary serve to prevent fraud and protect the public against deceitful and injurious documents'
Any notary worth his salt will start the notarial act with a thorough reading of the document including, and especially, the fine print where riders usually hide.
A more jurisprudential analysis of the attitude of the courts would suggest the utilitarian approach of the achieving the greater good for the society as put forward by Mc Kee (2000) who believes that the good of the society is based on trial judges or juries returning fair verdicts after looking at all the evidence available.
In a majority decision, the House of Lords in Westdeutsche Landesbank Girozentrale v Islington London Borough Council  demonstrated that the ‘differences between common law … and equitable rights and remedies cannot be ignored merely by the invocation of the language of restitution and unjust enrichment.’
The Act is also intended, amongst many other new regulations, to prevent marriages of immigration convenience. Those asylum seekers that fail to be admitted into the country but who cannot be immediately deported are also forced to take part in some form of employment in order to pay for their own sustenance and housing until they depart (Stansfield, 2005).
Please refer to figure 1 for a complete outlook for the different systems that are followed throughout the whole world.1
Undoubtedly the most widely accepted law amongst all, the civil law is occasionally also accepted by the name "Continental European Law".
It is unrealistic to expect companies to do away with IP agreements entirely. Nonetheless, restrictions should not be so limited that only a certain sector of society profit and that property owners benefit only in terms of profit. In today’s global society, it is also important to take into account humanitarian issues.
It is the employee who has caused harm on himself and no fault could be attributed to the employer or the physical working conditions. The major ambiguity of this doctrine is the degree of safety present in employment conditions which will establish if an employee is indeed liable for his or her own injury.
The word fiduciary comes from the Latin word 'fides' meaning faith. A beneficiary puts his entire trust on a fiduciary, who in turn has to keep his self interests at bay and must not profit from the benefits of the position he holds.
onse and opinions.3
The paper attempts to review the use and effectiveness of ASBOs in tackling crime and antisocial behaviour. In doing so, it shall review available literature and research on how the order is being applied in practice, the perceived impact of these orders on law and order situation and the evidence suggesting the effectiveness of ASBO.
In view of the discussion, it may be observed that both the true and fair view and fair presentation have not been precisely defined and both are assumed to give a meaning in the context of usage of the terms and the relative perceptions and frameworks. Both concepts have the same ultimate objective.
A contract according to English and common law is a legal binding containing exchange of promises between the parties involved. The law will enforce the contract if any of the parties breach the contract. The breach of the contract can be recognised by the law and the remedies were provided in the law to make up the loss for the victim.