The author states that any declaration of trust involving any land or interest in it must be made apparent and in writing signed by a person who has the authority to attach his signature to it. Although Sarah delivered the title of Blackacre to Richard and Robin, such delivery is apparently not enough because there was no written documentation.
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.
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Critical victimology, although has been a further advancement of the positivists, is usually criticized for portraying the real problems in an as incomplete manner as the radicals. This is because it fails to realize that the conception of who the victim really changes when different political and social conditions change.
Australia still remains highest in per capita greenhouse gas emissions and carbon dioxide emission. In addition, lobby groups of industry polluters are well-placed politically that echoes lobby groups in the US. The US holds an inspiring position for Australia not only in policy but also legislation.
Having adopted the UNCITRAL Model Law, Mexico has at the very least adopted the cross-border insolvency provision of the Guide. It not only demonstrates that Mexico has revised and introduced insolvency laws that are consistent with the Guide’s purpose relative to cross-border insolvency issues, but that Mexico has modernized its insolvency laws.
According to the paper, the Human Rights Act [UK] was received Royal Assent on November 9, 1998, and took effect 23 months later on October 2, 2000. The first sentence of the legislation expresses its intentions, “An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights.
It is evidently clear from the discussion that Roman Law is the legal system of administration of ancient Rome, and other territories which were under the control of the Roman Empire. Roman law was in the practice until the 6th Century AD, until the fall of the Western Empire, and had continued to influence the eastern and the Byzantine Empire until the 16th Century AD.
In case the matter goes to court, the landlord will have to satisfy the sheriff that rent arrears are due from you. Then the landlord will have to satisfy the sheriff that it will be reasonable to evict you. The sheriff will consider the following factors in order to decide the reasonableness of your proposed eviction.
Moreover, if Naj had a clear policy regarding online usage, Sarah really would not have a leg to stand upon. So, Naj is clearly within his rights in monitoring Sarah. Moreover, Sarah probably would not have reason to get the information that Naj was keeping about her, due to the fact that, under the Data Protection Act.
The Attica prison riot certainly made American’s more aware of the conditions within correctional facilities. Many committees and organizations scrambled to study Attica from many perspectives; how it could have been prevented, how we may have better handled the situation, how to prevent a similar occurrence from happening
The author states that in the real world, the occurrence and the circumstances of the execution of Euthanasia cannot be judged by the legal status of Euthanasia. The execution of Euthanasia is practiced secretly as in most places the practice is either illegal or forbidden by the society itself.
The question of the significance of the Death Sentence in the modern world, with increased homicide rates and inhumane crimes and easier excess to lethal weapons as a result of wide spreading technology, has become as pressing as ever. Should criminals convicted of murder be given the death sentence? Or should they be allowed to live a life in prison?
Human beings are shown to be opportunists who take advantage of others and circumstances. For example, in a spousal rape, the husband or wife will weigh options, and if he realizes that the partner may keep quiet of the abuse, one may go ahead and rape his spouse. Husbands have shown to be aggressive towards their wives.
Since the computing world has sunk deep into every domain of society, it must be made more secure for this purpose. While many proponents of the field of the computer have tried touching upon the various challenges and obstacles faced in this modern day of computers which has engulfed us in every possible way.
The Giant plc is putting a claim on Hatchet & Company, an accounting firm, for fraudulent misrepresentation by falsely stating their profits on the higher side recklessly without proper verification. The fraudulent misrepresentation then misguides Giant Company’s decision on its potentials in the stocks market.
The author states that the external governance mechanisms include international agencies, national regulatory agencies, as well as the professional institutes and other associations that affect the operations of the company. The internal control mechanisms involve the management strategies used within the organization.
With the perspective of a genealogical research, some relatives related to Cora Crippen were well discovered and their mitochondrial haplotypes were well read and analyzed, obtaining the slides of their pathology while taking the DNA aside. This was done in order to locate the haplotype.
Over the last decade, technology has undergone some extraordinary rate of developments. The progress of computer technology has resulted in the increase of competition in the different levels of law enforcement agencies. Law enforcement agencies are expected to conduct investigations, utilize the finest technology available in the world.
Stage 5 of the Burnard analysis suggests that ‘The new list of categories and sub-headings is worked through and the repetitious or very similar headings are removed to produce a final list’. This shows that a list of a few categories for discussion is chosen and this would include all the issues drawn out in the interviews.
A legal system is one of the main entities of any civilized society or a country. It helps the administration in interpreting and enforcing the laws. Legal systems in different countries are different because of the differences. Major legal systems in different countries are consisting of civil law, common law and religious law.
This study will begin with the statement that the business world has adopted a lot of new methods to carry on its complex transactions around the world; even at those places where its actual presence is not found. Franchises, contractual hiring and outsourcing are few of these methods but the agency is one of the oldest and most preferred methods to conclude such transactions.
The right of refugees to be entitled to social security in their host country is enshrined in the Convention relating to the Status of Refugees. The Convention was adopted on 28 July 1951 by the UN Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons. It entered into force on 22 April 1954.
The bond between the mother and the unborn child is strong and most pregnant women put the welfare of the unborn over her own. However, when the mother knowingly and voluntarily decides to terminate the pregnancy or refuse treatment, it must be recognized that the interest of mothers and unborn children are separate.
As the paper highlights, the information that is required in a technical log includes defects and malfunctions in the aircraft, fuel consumption rate and the block times. All the maintenance procedures that have been done in between the scheduled base maintenance on the aircraft are also recorded.
Future projections indicate that after the next fifteen years, the world will achieve radical transformation than what is currently evidenced. The trends signify that during the year 2030, the current large nations whether the U.S or China as portrayed currently as the emerging superpower, will cease to possess hegemonic power.
With regard to Thetford Travels, it is felt that there is no option but to pay. It would be better to do so instead of going in for expensive and time-consuming litigation. Actions to recover all expenses and losses can be taken against Shelley for all her acts and Canine Creation should take the step to do so immediately.
The underlying rationale for restorative justice within the criminal justice framework is to address the gaps in the court system in meeting victim needs. As such the efficacy of any restorative justice scheme is inherently dependent
Popular belief supports the view that institutional punishment is justified and necessary in a civilized society. (Hampton 1984, 203) For this reason theories of abolitionism are typically rejected as absurd and entirely unjustified. (De Folter, 2004, 40)
The concept of abortion seems to be as old as pregnancy itself. Wilful abortion was practiced in ancient Greece and Rome. It was also widely practiced in many other ancient civilizations. With the advent of western civilization, the issue came into a debate for its medical repercussions. In the last two centuries, it became a legal issue.
The author states that rape and sexual battering on women and children are also covered as indicated by the UN report on criminal activities where it is reported that rape forms 3rd most committed crime globally. Factors aiding criminal activities are also discussed as indicated by various data reports.
Female offenders are recently in focus by the criminal justice system in terms of their misdemeanors and their various needs. For some time, many social scientists have ignored the diversity of the women's prison population and the differential treatment to which women of various backgrounds have been subjected.
In the case of Baron v Lovell6, the Judge clearly pointed out that the objective behind the CPR is to ensure that the old adversarial litigation system is dispensed with and that parties are required to conduct themselves in a reasonable manner towards each other, without the point scoring and delays that drag out the cases.
The author states that it is important to note that parties entering into a contract must also have the legal capacity to do so. To this end, McIntyre highlights the fundamental point that “contracts are formed by agreement between the parties to the contract. A person cannot become liable under a contract.
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The Second Amendment to the United States Constitution allows citizens to own guns in order to protect the country and the society. But it does not allow these weapons to be used as a means of the threat or criminal intent. While the laws are liberal in most states, illegal arms sales do exist which provides sources for obtaining unlicensed guns.
The main problem that calls for government intervention stems from the difficulty in determining that a claimant is indeed suffering from a whiplash injury. As a result, rampant cases of fraud, lack of discipline on the road and heavy cost of motoring have led to an increase in the number of such cases.
As stated above, the position of law is that once the goods are ascertained and identified, the property in them would pass to the buyer, since they are now at the buyer’s risk. However, if the goods are identified and the price for the ascertained goods are not paid by the buyer these consequences may not follow
The adjudication of cases based on case-specific circumstances was still very much applied in the New World. The changes that were brought about to the common law system in America were very much dependent on the new society, new culture, and the political changes being brought about in the new frontier.
Having examined the status of the advert it will then be necessary to consider any remedies available to Mr Hastie if he was successful in proving that the advertisement should be regarded as a formal offer. This will involve examining case law in this area to determine the basis on which such a claim might be brought.
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.
One simple definition that differentiates a gift from a bribe is, “a bribe expresses self-interest; a gift conveys love". From this simple sentence itself, one can make out the gravity of the ethical issue involved. It places a bribe and a gift on two opposite poles where two totally different emotions govern, two totally different value systems prevail.
In considering this evidential issue, this paper undertakes a contextual approach in considering Ronald Cotton’s case. Accordingly, I shall firstly undertake a case study charting Cotton’s conviction to exoneration, followed by a discussion of the dichotomy between the judicial perception of scientific evidence and the psychoanalytical perspective.
According to the paper, the predominant legal method for addressing legal problems that go beyond national boundaries is through the promulgation of international environmental agreements. For the greater part, environmental problems are localized but may involve two or three countries sharing the boundary where the environmental problem happens to transgress.
There is a strong reason for wanting to believe that the present American tort law supports the basis for the economic analysis of the law. This particularly relates to the section of economically analyzing the law often called wealth maximization stating that there must be equality of positions between the plaintiff and the defendant.
Therefore, Kant would not agree with the idea that the combatants are being locked up, whether or not they are guilty, because it keeps society safe. And, because the combatants are not given the right to see the evidence against them or a right to any kind of a fair trial, there surely are people who are locked up who are innocent
The conclusion from this study states that applying for permission or granting planning permission by the local authorities are extraneous to these contracts since the performance was not contingent upon granting permission by the local authorities. Therefore, both the cases have been analyzed with reference to the merits of the contracts, and advice given accordingly.
This discussion talks that the criminalization of sodomy laws, especially those which are gender-specific may constitute direct discrimination against homosexual individuals. The Constitution of the United States provides for individual freedom and privacy and also mandates equal protection of the rights of all individuals.
The author states that John Austin was of the view that “a law may be defined as a rule laid down for the guidance of an intelligent being by an intelligent being having power over him.” Austin drew support from views advocated by Bentham, who was of the view that laws should be socially useful and not be restricted to merely expressing the status quo.
In general, international agreements are binding on the EC and its Member States. However, the agreements of the WTO are not deemed by the ECJ, to have a binding effect on the EC or the Member States of the EU. As such, individual rights had not been successful in claims relating to the WTO agreements, in the European courts.
In Vidmar and Miller’s work, punishment is discussed in terms of the criminal who must undergo the experience. Two forms of motivational factors are considered in the way in which the offender is punished. In creating a punishment for the offender, it is relevant to the circumstance to understand what need is being considered.
This paper will begin with the statement that the music festival scene has been thriving in the UK and Glastonbury Festival is a prime example with attendance figures in excess of 100,000 on the seven hundred acres greenfield site. In addition to the festival goers, the event hosts approximately, 1900 toilets, 800 traders and 250 acts performing.