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Lord Nicholls says the Courts are legally allowed to modify the meaning of the unambiguous legislation. But, it can only do so in accordance with the core aspect of the law. It cannot interpret in a way that is conflicting with this feature. Section 3 is mandatory, he says and should be affected only when the legislation is not harmonious with Convention rights.
The wife disposed of the letter and attempted to aver that the letter of severance had not been received at the address. The court established that the letter had been posted through the letterbox either the day before or the day after his death and that even though he might not have received the notice, the severance was still to be regarded as effective.
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Shirley wants to take care of her father and keep an eye on him by availing the option of flexible work arrangement. It is true that Shirley’s needs are genuine but under the constitutional framework of employment guidelines and alternate arrangement of flexible working condition, Shirley is not eligible to apply for working from home.
Recently, an employee of your company had caused injury to many people on account of his negligent driving of a company vehicle, in the course of his employment. In this context, it is essential for your company to be aware of the implications of vicarious liability while engaging new staff. Consequently, the employer is responsible for the activities of his employees in the course of employment.
The most salient distinction between Brazilian and Australian contract law is the doctrine of freedom of contract. It is a long-established principle of Australian contract law that the parties to a contract are free to agree on the terms and conditions of their contract, provided that those terms and conditions are legal.
Not only can a doctor share their patient’s information, but they are also required to when their patient, as most do, belong to a health maintenance organizations (HMO’s) which maintain health records of their clients. In addition, life and health insurers require applicants to release their medical records prior to issuing a policy.
The secretaries are working in cramped conditions with chairs not providing adequate support, which points to breach of the Act’s requirements. Section 2(5) requires employers to keep the workplace environment safe and healthy. Section 2(1) requires employers to ensure that systems of work are safe and without risk to health.
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The reduction in workforce size and the resulting unemployment is an ongoing process, rather than a spurious initial spike. According to Neumark and Wascher, "there is substantial empirical evidence that the disemployment effect of an increase in the minimum wage may occur with a lag of one year or more" (35).
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In the United States, a minimum wage rate was legislated since the Fair Labor Standards Act passed in 1938. However, the consequences of such minimum wage indexing are not favorable to the progress of the economy. The minimum wage fell proportionate to prices and average wages in the U.S. economy during the 1980s.
Streicher was put to death on the gallows at Nuremberg on October 16, 1946, but was the only Nazi sent to the gallows solely for his speeches and writings against Jews, which were deemed to be criminal acts. It could be argued that sentencing a person to death purely on the basis of the expression of his or her views amounts.
In general, Pete may explore the possibility of solving this issue by entering in to direct negotiation with Medium Ltd (in case of the court case is filed by Medium Ltd.) quoting all his justifications, if Medium Ltd gets convinced, the court case can be avoided which saves a lot of time, money and resources.
As illustrated by Booth, a “dark” nation would be delineated as comprising of three circles concurrent to each other. The widest circle comprises of the starving and homeless, however, honest. Second are the ones who dwell by the vice, and third are the people who are existent by Crime (Booth, 1997).
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The goals of the European Neighbourhood Policy is to promote stability within the European borders and this may be one of the reasons why European nations seeking to join the Union are expected to conform to certain criteria.
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This domestic law was enforced because there was a need not only to define individual rights and obligations but to delineate where the practice thereof transgresses into those of others.
The Act awards damages “where a person has entered into a contract after a misrepresentation has been made to him by another party thereto and as a result, he has suffered loss”. The Act also makes persons liable for the losses that the other party suffered as a direct result of their misrepresentation.
According to Pearlman, a company can ensure receipt for their sent messages through RPost. “RPost protects the sender with proof of their entire e-mail transaction by providing a registered receipt (which is legally valid evidence) that your registered email was sent; that it was received and when that took place.
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States such as Iowa, Florida, North Carolina, Wisconsin, Maryland and Oregon are those having task forces concerned with issues on safe mobility and have recognized the difficulty in matters of driver licensing of the elderly along with the significance of reconciling safety concerns of elderly drivers and their transportation needs (Eberhard, 2008).
A reserve fund can be either general reserve, allocate fund to equalization of dividend reserve, contingency reserve or a taxation reserve or any reserve a company may desire but within the taxation angle. When the company is earning good profits, it is prudent to build up reserves so that it can meet any eventually in case if there is a downturn in its performance.
It is evidently clear from the discussion that section 8 (1) of the SGA states that parties of a contract are at their liberty to fix the price in a sale contract. Thus, this section states that the price can be fixed in a manner mutually agreed between parties or may be ascertained from the course of the transaction between the parties.
All the Lords drew from the facts and how they perceive these in the normal course of affairs, in order to find a framework by which to view the present case. As such, they departed from the literal construction of the law, not relying so much on grammar and terminology, but seeking to infer meaning at the pragmatic level – a hallmark of the unitary approach.
It is necessary to examine how confession evidence can be used, as well as examining case law were this was allowed or disallowed. It is also necessary to consider cases in which entrapment has been averred, and examine the decisions of the courts in these cases in order to determine the circumstances in which the courts have either accepted.
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Although a Commission Consultation with respect to the Action Plan in Company Law and Corporate Governance conducted in 2006 wielded promising support in favour of the EU’s 14th Company Law Directive, the Commission announced to the European Parliament’s legal committee on 3 October 2007 that it would discontinue its work on the Directive.
We can witness the establishment of performers’ right on an international and national level at the dawn of the 21st century. The first international treaty that dealt with the moral and economic protection of the performers, producers of phonograms and the broadcasting companies were the Rome Convention of 1961.
To make the right moral choices on any issue, deontology requires that the correct ethical rules are understood and how to execute those moral duties. There is also more significant stress on why specific actions are performed; efforts must be backed by the correct motivations to stand. (Cline, no date).
The principal objective of the Warsaw Convention was to establish the uniform application of rules to international air transportation. However, the Warsaw System has failed to achieve its objectives. Therefore, in order to achieve the goal of uniformity, these conflicts and disparities have to be resolved.
Domestic violence was said to account for 15% of all violent incidents that happen. Various legislations and common laws were applied to solve this problem. This paper will cite and analyze these remedies to victims of domestic violence and will give a conclusion thereafter. The Family Law Act 1996 provides a “civil remedy for molestation”.
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One of the most contentious international trade issues is the agricultural trade liberalization and deeply concerns a diversity of groups all across the globe. Agriculture has been a subject of deep focus from the WTO’s point of view for years and has loads of importance in the current rounds of trade negotiators.
However, the supermax prison uses controversial methodologies, beginning with the lack of legal recourse that an inmate has if a prison administration chooses to send them to such a facility. The supermax prison was created because of a perceived need to have the opportunity to completely control prisoners.
The murders shocked the sleepy neighborhood in Wichita, Kansas, where they lived. What was especially shocking was the brutal nature of the murders. All of the members of the family showed signs of torture. Each was bound in some manner as well.
In the analysis below, I wrote that death is wrong for various reasons but argued that the most critical fault with the death penalty is that its effects are irreversible once it is applied. Accordingly, if someone were wrongfully accused and put to death, we can never get them back. This is the major flaw with the death penalty and something which I focused my analysis upon.
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The paper includes cases that set precedents and clarifications of the doctrine and will also demonstrate how this it relates to employment and termination of individuals who commit resume fraud and illegal aliens who obtain employment in the light of their illegality.
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In 25% of the states, it is considered as a criminal offense/child abuse if the same is committed or allowed by the person in charge of child’s care. If the statutory rape is committed by individual other than the parents or people responsible for child ’s care, it is not a reportable crime. But in 75% of states, it is a reportable crime.
Development will involve building the substantial structure on the shoreline, establishing a cooling pool in the adjacent waters, building a roadway from the nearby highway A39, and creating wayleaves for powerlines, and easements for drainage and other utilities.
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Suspected terrorists should not be subjected to torture, to extract information, because such information would be unreliable and inadmissible in a court of law. It is imperative to adhere to the rule of law, which constitutes the keystone of any free society. In addition, short-term gains should never prompt a nation to ignore the rule of law.
A second democratic deficit over the last couple of decades has been the emergence of a rigid (and increasingly draconian) immigration policy. This has coincided with the gradual breakdown of the sense of ‘British’ identity, as contemporary UK society has become a melting pot of diversity and multicultural.
The author states that the existing laws guarantee the rights of gender equality for women in all European Union countries since 1957. But there are reports that the implementation of these laws has not been fully operational in many establishments in EU. Several studies point to the gap in equality of pay that needs to be reviewed in this topic.
Often, they are engaged in such activities such as investigations, interrogations, helping in the prosecution, and arrests of those criminally liable (McGuinness, 2009). Hence, they are subject to such scrutiny from different sectors, including the Supreme Court (McGuinness, 2009).
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In order to discuss whether the UK government has lost its power to the European Union and other organizations and institutions, it is necessary to examine the powers that the government has supposedly lost.
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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)
In RJR MacDonald Inc. v. Attorney General of Canada, the Court explained that freedom of expression includes the right not to express something ([1995] 3 S.C.R. 199). The Court held that there was no link between the ban on advertising of tobacco and the decrease in the use of such products ([1995] 3 S.C.R. 199).
One such evidence of their weakness that is often left at crime scenes is their fingerprint. The human fingerprint is so unique that it can set one individual apart from the rest. Even identical twins do not have the same fingerprints as their formation is affected by environmental factors.
In the United Kingdom jurisdiction, the competition law applicable to the airline industry is the Competition Act of 1998 and because it is part of the European Community, also the European Community Treaty of Amsterdam specifically sections 81 and 82 thereof which treat of prohibited acts and abuse of dominant position, respectively.
It is necessary to consider the law in relation to noise, in particular with regard to aircraft as well as the rights of individuals to airspace in and around their property as well as the law in relation to noise from machinery and aircraft to demonstrate the way in which machinery noise is regulated differently to aircraft noise.
The senior faculty members who would form the review committees should have their specific roles, duties, and obligations described clearly in the contract language so as to ensure fair play in the faculty performance review process; to avoid decisions that are biased, influenced, or infected with discrimination, unlawful or inappropriate.
Section 33(1)of the Companies Act 2006 does not appear to alter the previous position. Section 33 (1) provides that the “company’s constitution” is binding on the company together with each of its members in the same way that covenants made by the company and its members bind both the company and its members.
It is really quite essential to state that the final ruling of the honorable Court is justified and legally correct, as it upholds the constitutionality of the fourth amendment statute. This has also upheld the American tradition of respecting the basic family values and private freedom of all residents.
In the case of Hugin v. Commission the ECJ implemented a restrictive approach to the definition of product market and on grounds that there was a special demand for spare parts. Moreover, in the case of Hilti v European Commission narrow view was taken of the product market in considering Hilti’s patented cartridges to tie in nails.
In nearby Florida, a person can be sentenced to up to 6 months in jail, and the vehicle is impounded for 10 days (which increases for second-time offenders, etc.), but is then returned. Washington State has a mandatory ignition lock rule for all DUI offenders, and a 90-day drivers license suspension period for first-time offenders.
It is unfortunate that this section of the Act doesn’t help the seller in the sense that it refuses to recognize the possibility of unexpected factors blocking or hindering the smooth delivery of the goods as planned. This code inconveniences the seller even though it has spent a lot of money to prepare the goods for delivery.
The studies of the alleged modern civilizations over and over again grab two key point of views out of which the former stresses on an incessantly incrementing restraining or authoritarian supremacy, and the latter convention, in views of Laclau and Mouffe, appears to be contradictory to the former by means of stressing on trends such as democratic revolution or the expansion of citizenship.