Our website is a unique platform where students can share their papers in a matter of giving an example of the work to be done. If you find papers
matching your topic, you may use them only as an example of work. This is 100% legal. You may not submit downloaded papers as your own, that is cheating. Also you
should remember, that this work was alredy submitted once by a student who originally wrote it.
In general terms, with regard to the use of land, a licence is defined as permission to enter another party’s land without the act constituting trespass. The range of activity covered by the term “licence” is wide and multifarious. In the case of Hurst v Picture Theatre, it was held that permission to watch a film in a cinema constituted a licence.
The general principle established by Lord Macnaghten in Commissioners for Special Purposes of Income Tax v Pemsel highlights four divisions of charitable trusts: “trusts for the relief of poverty; trusts for the advancement of education, trusts for the advancement of religion and trusts for other purposes beneficial to the community”.
Preview sample
sponsored ads
Hire a pro to write a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
The US Department of State communicated the provisional measures of the International Court of Justice to the Governor of Arizona without comment, where the Arizona clemency board recommended a stay to the Governor, who ignored the recommendation and allowed Walter LaGrand to be executed on March 3, 1999.
As a result, Kima is entitled to damages since rescission is not possible as the bank has a separate contract with Justin. Rescission is only possible when the parties can be restored to the position they were in prior to the contract. Under Section 2(2) of the Misrepresentation Act, the court can award Kima damages in lieu of rescission.
The author states that the equitable presumption is applied on the basis that the person contributing towards the purchase must have expected to acquire an interest in the property proportionate to the money that they paid towards the purchase. The point was made by Lord Diplock in Gissing v Gissing.
A power of attorney is a document that Professor Garfield Dixon can sign, giving one or more persons the power to act on his behalf, to ensure that his instructions on his will are carried out. He can nominate the Union Trustee Company Limited as the executor of his estate and act on his behalf since it is a company duly authorized under the Trustee Companies Act of 1964.
The author states that Raphael Lemkin, an American scholar, defined the term genocide in 1944. Genos, in Greek means race or tribe, in Latin means to kill. The word genocide is used to describe the systematic extermination of a race or ethnic group either by the government or a religious group.
If Gillian has been employed by the company for several years and has received excellent appraisals and the male employee chosen over her had been employed only for about a year and did not have her credentials then, there is clearly a case of discrimination in the case at bar. Discrimination on the basis of sex is prohibited under the Employment Equality (Sexual Orientation) Regulations 2003.
This principle was also upheld in the case of Home Office v Dorset Yacht Company.2 In the case of Anns v Merton LBC3, this principle was further refined to state that a duty of care would be owed when there is a sufficient relationship of proximity between the alleged wrongdoer and the person who suffered the damage.
The UK does not have a specific defense for the crime of passion and the characteristics that are applied in French law cannot be applied to English law. The closest defense to a crime of passion in the UK is the defense of provocation in reliance on proving provocation caused by the discovery of the adultery of their partner.
The author of the paper states that the course that the Court might take in Edwards is much more problematic. In decisions reaching back to the 1950s, the Court firmly established a Sixth Amendment right to counsel in cases involving defendants who were mentally retarded or otherwise of diminished mental capacity.
According to the ruling in the United Brands Case, such practices are an abuse of a dominant market position within the meaning of Article 81 of the EU Treaty. This approach was adopted by the European court in a consistent manner and recently reiterated in Irish Sugar plc v EC Commission [2000] All ER EC 198.
Appeal from the High Court in civil matters lies to the Court of Appeal and thence to the House of Lords, except when the High Court is sitting as a Prize Court when appeal lies to the Judicial Committee of the Privy Council. The High Court is based at the Royal Courts of Justice on The Strand, in Central London.
The author of the paper states that in 1893, policewomen were made equipped with the same authorities as that of policemen. Even though they were affiliated with this depart since 1845 as matrons in the New York City Police Department, but it took them almost half a century to come at par with males in this field.
Whether or not each of the transactions involving the Rosehall villa and the shares in Marks and Spencer represent a valid declaration of trust will fall to be determined by the formal requirements for the creation of trusts. The formal requirements for the creation of a valid trust are certainty of an object, subject, and intention.
In the words of Assistant Chief Constable, Patricia Gallan, “It’s now a matter for the courts and we will await the outcome of future trials.”(Associated Press, 2008). The anonymity and privacy of the teenager convicted in the shooting, as well as other teens who assisted him, is being preserved and after the recent hearings, they were remanded into custody.
The author states that the Court of Appeal disagreed, holding that the testator knew and approved of the contents. Testamentary freedom is the defining principle of inheritance law; in the case of Re Segelman, Chadwick J stated that “the probability that a will which a testator has executed in circumstances of some formality.
The prison system operates on limited funding. The addition of prison time, while effective for keeping habitual criminals off the street, serves to further overcrowd prisons. This situation creates a ‘revolving door’ effect which releases violent criminals early and adds to an environment that is hardly conducive to rehabilitation.
The reverse burden would, therefore, be extremely onerous if thee defenses were relied on. It should be remembered that the offense is one where possession of the material presumes guilt. As a consequence, the application of the defenses would be fairer if the traditional onus of the criminal law remains on the prosecution
In November 1950 The European Commission for Protection of Human Rights and Fundamental Freedoms (“ECHR”) was signed in Rome. In September 1953 it came into full swing comprising of 22 parties. There were eleven more Protocols to European Convention signed, in order to improve the convention or to add to the rights recognized in the convention.
The author states that each case will turn on its own specific facts with the result that the issue of fairness is subjective. Setting parameters of fairness in respect of discretionary executive powers is necessary for democratic concepts of indiscriminative justice. The government is likewise accountable to the public by virtue of judicial review.
When a person without forming the appropriate men's rea sets in motion a chain of events that will cause harm to another unless uninterrupted, that person is under a duty to prevent or minimize the harm on becoming aware of the dangerous situation that has been created. A vagrant who was squatting in a house woke up in the night to discover that his cigarette had set the mattress on fire.
The entire discussion would be made in the lights of two different areas of international law, such as international environmental law and climate change and the aspects in the international law context of human rights. The system of explicit that is instrumented among States and nations is commonly referred to as international law.
The estimated score which Megawati would get in the Points Test System are the following: Occupation - 40; Age -30 ; English Language – 15 (minimum); Specific Work Experience - 0; Australian Employment - 20; Australian Qualifications - 5; Occupation in Demand - 15; Regional Study - 5; Designated Area Sponsorship - 0 ;
Billy is advised that based on the Hoare and Pierce/Beckles interpretative issue basing his appeal on his silence because of Legal advice will depend to a large extent on his mental state at the time of the questioning and also the extent of his genuineness in heading to the advice of his solicitor.
Personally, what is basic is the inculcation of the minds of the populace to the right moral values and norms. Even torture, the way the CIA does it, is not effective because the torture victims “will start telling the torturers what they want to hear, rather than the truth” (Harbury, 2005). For once, morals and values as well as dedication to a supreme being should take precedence over modernity.
The relationship between Homer and Maria comes within the definition of cohabitants and associated persons under the Family Act 1996. .” The law defined “associated persons” as, inter alia, those who are “ presently cohabiting or cohabited in the past; living or have lived in the same household except if one is a tenant, lodger or boarder.
The argument doesn’t solicit to generously enter the US borders every time with a warm and welcoming tenor. The real problem put by the immigration applicants is of greater security, not the economic fruits. At least some immigrants can be given some wonderful training on how to respect and behave like civilized American nationals.
The author states that the concept of fault assumed the status of a legal requirement. The moral characteristics of fault were ignored by courts. Furthermore, the courts adopted an objective approach to the primary requirements of the inquiries into a liability, which became a barrier to the moral considerations inherent in fault.
The author states that the UK legal framework, in its present form, is largely representative of the nation’s historical and political developments of the past few centuries notably starting with the Treaty of Union, 1707, when Scotland became a part of Great Britain. The United Kingdom came into existence with the union of Great Britain.
The author states that it is therefore crucial to understand the concept of legal personality and its implications. It is precisely the objective of this paper to explore the concept or concepts of legal personality and determine the acts that make a legal personality subject to criminal or civil prosecution.
But we also know that our culture, education and the values taught to us greatly influence how we make our decisions. In that aspect, can we say that our will is totally free? Or is our will always bound by the influences of everything that surrounds us hence we are never free? Nathan Leopold and Richard Loeb were young men born of wealthy families.
In the case of Henri and Ivar, the agreed consideration was for 7500 pounds, while the written down terms on the back of the envelope were also accepted by Ivar, who commenced the work without disputing any of the terms. On this basis, it may be concluded that Ivar and Henri had a contract in place and intended to enter into legal relations.
The underpinnings of these studies are the present trends in the American criminal justice system which has four goals: retribution, which is deserved punishment; deterrence, to impress that in crimes the costs outweigh the benefits; incapacitation, to keep offenders from repeating crimes; and; rehabilitation, to make offenders into model citizens.
In order for the theory to work and the crime levels to drop there has to be an examination of each offender as an individual so that it can be determined why they have chosen a life of crime and also to establish whether there is anything that could have been done to have prevented them from becoming involved with crime.
The ECJ had initially accorded significant importance to environmental protection in its rulings. Its first decision regarding environmental issues was in the case of Handelswekerij Bier v Mines de Potasse d’Alsace. The Court has delivered several decisions, subsequently, in respect of environmental matters.
The Children Act of 2004 requires that children’s needs and wishes must be ascertained as far as possible, before making a determination on what services will be provided. Schedule 22 of the Children Act of 1989 also requires that when a child is in need, the child’s needs are to be assessed not only under the Children Act of 989 but also under the Education Act.
Isabel has based her grounds for divorce on the basis of a suspicion that John was having an affair with Emma. She also claims for divorce on the grounds of unreasonable behavior by John, who became depressed and withdrawn after his accident. In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts.
This appears to be a fair and reasonable similarity between the two elements of tort since equitable principles of law recognize that liability should equal culpability. It is for this reason that the tort of nuisance, like the tort of negligence, requires culpability/fault on the part of the defendant for liability purposes.
The author states that starting new business requirements that it must have certain legal form in order to enforce its legal rights, therefore, it becomes necessary that at the time of forming any business, owners must be aware of about the possible legal forms of the business. The next important step is the bookkeeping of the transactions.
The author states that an example of a gentleman's agreement is a private debt that one advances to another party. Thus when a gentleman gives a writ promise that they will pay back debt as an honor, this would ordinarily fall short of a legal binding and be categorized as payment of honor.
Private limited companies are owned by their shareholders. When a private limited company is limited by shares, it means that those shareholders who have paid in full for their shares will not be liable for the Company's debts; however, those shareholders who have paid only in part for their shares will be liable to the Company for the amounts that are outstanding on their shares.
In general terms, co-ownership assumes that the relationship is a joint tenancy unless there have been words of severance or when it is one of the three special cases where the owner is covered by equity. Under equity one of the special cases that are listed is where the co-owners are business partners.
This essay demonstrates that the trade unions have, therefore, become the greatest economic institution of our times and the future of democracy closely bound up with the fate of trade unions. The immediate objectives with which trade union has been formed in different parts of the worlds are essentially the same.
This essay analyzes that cheap labor has been one of the driving economic factors behind the shift in the global economic power map, labor laws in these countries have come under sharp attention. It's important to highlight that China recently added to the debate by tightening its employment contract laws even further.
One of the oldest yet most repeated principles of contract and tortuous law is the maxim of caveat emptor (buyer beware) a system by which manufacturing negligence and defect in goods were entirely the responsibility of the buyer to check through due diligence. Consumer Protection law stands in counter to this theory and has been in many ways common law’s response to the emerging consumer economy.
Temper’s financial situation appears to be at cross-roads and admittedly the partners were hesitant about the ability to successfully manage an investment company. In doing so, they have acquired debts to their creditors/stakeholders and also have some outstanding debts to collect from Ashley. The company has also suffered damages both financially and to its reputation.
Minimum harmonization enables member states to maintain more stringent regulatory standards than those prescribed by Community standards, provided that these are compatible with the treaty. The community legislation sets a floor, and the treaty a ceiling, with member states free to pursue their own policies within these boundaries.
The face οf policing has undergone change since the terrorist attack οf September 11, 2001, better known as 9/11. Previous to 9/11 policing focused more on protecting and serving the community by responding to crime and protecting a community from future crimes. Since the 9/11 terrorist attack, extreme awareness οf terrorism has been a central focus for police.
Due to the increase in juvenile crime, many changes must still happen in order for the system to be comprehensive. Many juvenile criminals are being punished moderately for the different crimes that are being unswerving such as robbery to assorted degrees of murder. They require being the examples to the criminals still out there and showing them that it is no laughing matter.