If the arrangement is not acceptable to the creditors, or some creditors, then the matter must be resolved by the court.
There is no mention of the total amount owed by Steve and Anna to the creditors. If the amount owed is below 5000, there is a court-based order known as Administration order by which Steve and Anna can agree to pay the court certain amount on a weekly or monthly basis out of which the court will arrange to make payment to the creditors after deducting certain amount as its fee.
The first question anyone would ask is why would anybody be excluded And how could anybody exclude them The answer to these questions is not difficult. While nobody goes out of the way to exclude, the rules of the game are such that they are excluded. For example , if you are a single mother on welfare , the chances are very good that you do not have a checking account or a credit card and you pay exorbitant rate for cashing a cheque or paying a heavy interest for borrowing money from a loan shark.
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Over the recent past, economic growth in many parts of the world has given rise to many accompanying problems, chief among them being congestion (Banister D, 2003). This has been occasioned by the need to travel among the citizenry in their endeavor to perform their daily chores.
In the case on hand Barry was falsely held by Graham while he(Graham) was away making a phone call to his head office. False imprisonment, is in reality, one first trespass made out by the Common law1.
My Lord I would like to draw your attention on the fact that freedom of movement was deprived to Barry as he was confined on the scaffolding, since the door where the mechanism to raise the ladder is operated was locked by Graham.
A number various alarming issues are emerging as warned by policymakers and scholars, due to this undesirable trend, such as the administrative chaos, unprecedented violence and health issues. Consequently, corresponding emergency measures have been taken, to cater these issues.
Locke's theory of property has two characteristic elements. The first element consists in a need to divorce the legitimacy
with an ingenious device for doing so, the stipulation that appropriation not impair anyone's access to the materials needed to produce her subsistence.
One of the issues with the articles of the ECHR is that there is a statute that forbids any kind of illegal activity, such as human trafficking to go on. The fact that Margarita said she was forced into prostitution in her home town is very troubling.
An investigation should be launched into this aspect of having been forced into prostitution.
Contrary to the will of Benny, Douglas obtains consent from Benny's parents to allow him to remove Benny's gallstone. At the operating room, Douglas removed Benny's gallstone without his personal consent.
According to Bhat (2001), marketplace professionalism is a major factor for the advent of malpractice litigation.
The police force is given the mandate of seeing that citizens live in peace and harmony. This is to say that police ensures that people live according to the laid down rules and laws. Therefore they make sure that people enjoy their personal rights but in doing so they don't interfere with the rights of other people.
Thus, were born legislations protecting women from violence, including violence which occurs within the confines of their own homes. The most remarkable of these laws was the 1994 Violent Against Women Act (VAWA hereafter) which was subsequently reauthorized first in 2000 and then in 2005.
The human rights unknown in those days have now come into play a crucial role in all walks of life more so in sentencing reforms. The retributive approach is on the wane slowly and a day will come when it will be altogether removed from the statute book as the concept of punishing individuals rather than reforming them on a restorative basis implying conciliation between the offenders and society rather than the offence is against the State, is gaining recognition throughout the world.
The current situation with aggravated assaults committed by juveniles in Chicago requires great attention from the authorities to be regulated. Arrests in Chicago public schools occur upon a determination that the conduct at issue constitutes a criminal act. Often it is a stretch to characterize the acts of these students as a criminal.
(John, 2000) The magistrate system was designed for flexible utilization by district judges according to the needs of their respective districts. In addition, control of the magistrates, including task assignments, has been left under district judges in order to preserve the constitutionality of the magistrate system through supervision by judicial officers.
On the 15th of November,2008, the partnership agreed with John, the manager of Inky Town F.C. to manufacture 5000 bottles of premium lager commemorating the club's 100 years in the football league. Under the terms of the contract Supercool would provide a large glass show case for six months, which would be both stocked and maintained by employees of Supercool in Inky's bar located at the football ground.
At the time, a young college student was killed and they could not find any other leads about this crime. He realized that there was someone in the community that could help solve the murder of this college student and he knew that people would come forward if they could do it anonymously
However, they are not always the only means of redressal and provide an easier solution to some problems. A tribunal is an independent judicial body that acts as a court for specific issues such as employment or transport. The Court Service administers tribunals that fall under the direct responsibility of the Lord Chancellor.
Along with this transition the practice of law has originated different law professionals in every country to suit various needs of the people. And UK was not an exception to this. The industrial revolution that swept across the UK in the eighteenth century marked the beginning of the emergence of a well defined, deep rooted and progressive legal industry in the country.
Its impact is generally achieved by the literal rule, since Parliament clearly tends to enact its intention. If judges use a purposive approach, they are engaging in an essentially legislative function, which is a breach of the doctrine of the separation of powers.
The doctrine of privity in contract means that only the parties involved in a contract are allowed to enforce it. It restricts possibility of a third party/beneficiary in enforcing a contract, (Atiyah, 1995).
Under the rule of consideration, the consideration has to move from a promisee to the promisor, this raises the doctrine of privity, where each party need to clearly show the people who are the parties in a given contract thereby defining their obligations.
The case of Victoria and the intensity of her sufferings in the last few months of her life were in the knowledge of numerous agencies with responsibility for the protection of children. But the dominant weaknesses present in the structure of the system disabled the enabling of required services to Victoria.
The Patriot Act was making possible for the America to be united and to strengthen the nation by providing the necessary tools that are needed to interrupt and block the terrorist act. The interruption and obstruction of these possible terrorists' acts are made through the expansion of the law enforcer's surveillance
The consumer is legally entitled to receive a full refund from the retailer, on returning a product that was defective at the time of. The reasonable time for doing so is not defined in law but is often quite short. A reasonable amount of compensation or damages for up to six years from the date of sale is now permitted.
The media dominance among the uncritical public meant that, the society knowledge about the legal system is only vicarious, leaving only minority to have direct experience of the legal system3.
Compared to the past, people have realised now, that media is not sufficient to provide accurate information, nor is it capable to distinguish facts from fiction, as media programmes are meant for entertainment and are selective with an intention of profit making intention4, and it would be a mistake to rely heavily on its transmission.
This system involves the courts of law and police who have discretion or powers in executing their duties. They should ensure that the law is applied universally without fear or favour.
These rules of interpretation of statutes by the courts should be interpreted fairly in reference to the laid down principles of interpretation.
He uses his imposing personality to his advantage. No one may dare question him about his ownership of Bleak Hall.
He uses his wife, Muriel's money to cover the outgoings and maintenance of Bleak Hall. He has a six figure private income of which a vast majority he deposits in offshore investment accounts to be free from the attention of the U.K.
The employer will then set out a meeting which will look into the timescale given to the employee for their improvement and this is kept in proper records.
Secondly if the employee fails to make any further improvements he is given a first warning which is written and a final warning is also issued if the employee fails to make any improvements.
This essay concerns the Fashion Designs plc legal Position. In the financial years ending December 2004 and 2005, the company made trading losses of £400,000 and £200,000 respectively which were carried forward. In December 2006,the company showed a trading profit of £1m. In October 2006 the company sold its North East outlet for a net profit.
During the rejection of the Lisbon Treaty by Ireland on June 12, 2008, the Irish Justice Minister, Dermot Ahern, used in his comment the phrase, "a referendum is the essence of democracy…” It is the giving to the electors of the chance to agree or disagree on a particular issue that is the very fundamental exercise of democracy.
A critical evaluation of benefits for sickness and disability primarily will require the understanding of the details within the benefits available. The definitions of sickness and disability must be clearly understood in order to evaluate benefits effectively.
With the increased concern about the state of the borders, it would bring about increased awareness of those faults and how they impact the ability for drug smugglers to reach their consumer base within the United States, through whatever means available to them. There would remain many essential aspects to consider.
Ethical dilemmas are clinical scenarios when the caregiver ends up in a conflict between two ethical principles, and the correct decision making suffers as a result of that. Therefore, these are practical situations where the caregiver is supposed to do something and at the same time is not expected to do something.
The author states that the dilemma is more profound than the halo of morality prohibiting what can crudely be termed as “mercy killing” or suicide or even assisted suicide. Validating euthanasia may not only change the existing criminal laws on killings but the question we should be asking is whether such a law would be mentally acceptable to the society.
In England and Wales, the law of tort covers five types of offenses: trespass of land, trespass against goods, trespass against person, negligence and defamation (Wikipedia).
Trespass on land, goods and person is altogether the most common type of tort, but in all cases the main concern is the allocation of responsibility for whatever losses are sustained.
It is must be noted, however, that positivism is not a monolithic theory. Quite the contrary, there are positivist variants which offer different explanations for crime, which thereby suggest different types of responses to crime (both proactive and reactive), and which extend responsibility to other individuals and to society.
May drank some of the said substance from the bottle and poured the rest of it to the tumbler. This was when she claimed that the decomposing remains of what apparently was a slug plopped out of the bottle into the tumbler. Later on, May complained of stomach pains, which the doctor diagnosed later as gastroenteritis.
Due to an increase in competition in the area Helen is now finding it hard to make the mortgage payments and wants to sell the property. However there are some liens on the property that a prospective buyer would need to be informed of before a legal sale could take place.
In Mr Taylor's case the contract was indeed a legal and binding one since there was an act of performance when Mr Taylor worked to produce the costumes. An offer takes effect only when it is actually communicated to the offeree as in Taylor v Laird (1856) 1 H & N266; 25 LJ Ex 329.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The legislation addresses the control of noise pollution in the Town and Country Planning Act 1990 [1997 in Scotland]. During planning, noise is considered as criteria to be assessed as a factor effecting the environment. The following legislation are aimed at controlling the noise pollution at construction sites and operating industries:
Any incident of threatening behaviour, violence or abuse [psychological, physical, sexual, financial or emotional] between adults who are or have been intimate partners or family members, regardless of gender or sexuality.
Some of the tactics employed by the perpetrators of domestic violence include psychological, sexual and physical violence, emotional and verbal abuse, isolation, threats and intimidation, harassment, destruction of property, actual or threatened harm to children and pets and financial control.
Wendy's younger brother, Bill, therefore offered to have his name added to the title, so that a mortgage loan could be obtained on the basis of Bill's earnings and age. The freehold of the house was then bought and registered in the joint names of Arnold, Wendy and Bill, but there was no declaration as to beneficial interests they were to hold.
In March of 2000, in Louisville, KY, two police officers were awarded medals for shooting an 18-year-old black man who, they say, was trying to run over them with his truck (Cose 2000). An investigation followed, and it was discovered that the police officers were perhaps not so correct in their judgment (Cose 2000).
According to the report social policy, its values and principles, is one of the most important elements in the implementation of common strategy of the European Union.
Protection of the human rights is one of the cornerstones of current social legislation of the European Union. Social legislation of the European Union protects the citizens of the Union.
Common law can be defined as a “system of law that prevails in England and in countries colonized by England.” The name common law is resulting from the medieval theory that the law overseen by the king's courts signified the common custom of the kingdom, as opposed to the custom of local jurisdiction that was applied in local or manorial courts.
Therefore this type of law is customary and provides the basic framework for a constantly changing legal paradigm that adjusts itself to new cases and appeals, but is still based on the principles of natural law combined with principles of civil law. "Civil law rests upon justice as its foundation, and hence civil law does not establish justice, but rather accepts it as the guiding light of legislation.
The significances of the ruling with regard to the Home Secretary acting illegally in inserting a revised criminal damages system under the prerogative power instead of enforcing the statutory system under the Criminal Justice Act 1988 is analysed. The challenge is that the House of Lords accomplished the right conclusion, but for erroneous causes.
The umbrella organs, agencies, and personnel involved in these efforts of reducing and preventing these acts of terrorism, crimes and disorderly behaviors are collectively referred to as homeland security (Coppola, 2008). Particularly, homeland security relates to all the national efforts to prevent criminal acts such as terrorism targeting United States’ citizens, assets, and interests.
If the damage is minor, the buyer has an obligation to return the product to the seller for mending, replacement, price cutback, or even refund depending on the case.When the damage proves serious, the buyer is allowed to refuse the product and annul the contract
In this case, Jaspal’s uncle is right and Friedrich will have to return the car to Jaspal’s estate because the car was given to Friedrich only by Jaspal as a gratuity or a gift on the very night that Jaspal thought he would die. He had not mentioned to Friedrich that he could keep the car if he survived and died later.