In order to understand and evaluate the role of post 1945 cases, some reference need to be made of earlier cases which have formed the basis of what the law is as it stands in the post Street V. Mountford era.
The licence has normally been seen as mere permission to use someone's property and seems to be terminable at will while the lease seems to engulf within its concept various statutory and equitable rights.
The author of this essay analyses the issue of termination. He thinks that one of the best ways to obtain a vivid understanding of real life issues is through viewing a simulation such as this one. The company that was represented in this particular simulation was Fast Serve, Inc., a direct marketer of branded sports apparel.
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The Brief facts of the case are . Blake, an accountant, owns a number of Apropex X18 computers. At the start of this year Blake was concerned that he required higher specification computers but could not afford the outlay involved in purchasing an entirely new set of computers.
A) In the first case scenario, Debbie is accused of robbery as she has taken a ring from the defendant's finger while the defendant was in a state of unawareness and consequently, Debbie had no right to it.
According, to the definition of dishonesty, it is established by case law that the defendant is guilty only if the person satisfies two conditions.
The report details the investigation results and the identified system weaknesses and vulnerabilities are analyzed. The major vulnerabilities include the increased exposure of Pins, tampered PEDs (Pin Entry Device) and lack of globalization. The legal perspectives are also explained with specific reference to UK Computer Misuse Act of 1990.
At the same time, it is imperative to note that Paul had actually assumed full ownership of the entire property in question. In this Paul was the legitimate owner of the property then he passed over its ownership to Nitin and Miriam by virtue of sale. In this regard, as at October 2009, they became the landlords of this whole real estate property.
She further wanted to buy paint for decorating the bathroom. Once in the hardware the sales assistant offered paint plus's own brand called Ever-last as the best paint. He did this on the basis of many customers buying and they have never come back to complain.
The sanctity of marriage used to be a positive influence in many couples' relationships, tying what was considered a knot of responsibility towards one another that cohabitation simply could not bring. Marriage also has always been considered to be a societal occurrence that ensures the protection of rights in the matrimonial process as well.
The police have a few responsibilities which are common throughout the world. These duties involve controlling crime - controlling the level of crimes taking place. This aspect includes investigations and patrolling the streets to avoid crimes from occurring. Maintaining order- using authority to avoid people from disturbing the public’s peace.
The statement follows the fundamental American concept of government directly influenced by the French philosopher Montesquieu (1949 ) who asserted that separation of powers is essential to liberty. The intent of the concept of separation of powers is the distribution of governmental powers among the different departments so that the whole power is never concentrated in a single individual or group.
The latest version of NEC came to be known as NEC 3 and that of JCT was JCT 2005. At this juncture, the present essay attempts to evaluate some of the important provisions of the two contracts. The essay takes a comparative approach wherein an attempt is made to compare and contrast the important provisions found in both contracts.
The concept of direct effect follows from the supremacy of European Law as formulated by the ECJ. This implies that if an EC Law has direct effect then such law grants rights to individuals, which must be upheld by the national courts. For any EC Law to have direct effect, it must satisfy two conditions.
Daniel-of-Service attackers flood in a manner that they fill the server limit and don't allow any other user to get the respond. Similarly with emails, weather they are internal official mailbox or a free mail service like hotmail or yahoo; each of the mailbox can receive a limited number of mails.
Where the standard expected is not met and entails loss, the question is not so much of who is liable but on what grounds. If the damage is physical an action will lie in tort. But if the loss is not physical but financial, there is reluctance in the law of tort to recognize a claim.
Normally, there are some exclusion clauses in the contracts that state clearly what the stronger party (in this case, an employer) would not undertake for the weaker party (in this case, an employee) if certain unforeseen problems suddenly happened to the weaker party.
The oft used word freedom ,despite its repeated use,abuse and misuse has many definitional and philosophical repercussions.Freedom exists as a constitutional guarantee in the West.People now have freedom to speak and be heard .
The western society speaks of the Rule of law and Human rights and freedom of the individual.The year is 2008.It is only recently that the controversial Regulation of Investigatory Powers (Communications Data) Order 2003 as well as the Regulation of Investigatory Powers Act 2000 has been passed.
Regarding the maintenance of the product, supplying the product after the deadline, bad quality of the product, service not up to the mark, etc. constitutes some of the problems between a consumer and a seller.
To solve the disputes government of UK introduced many laws and legal rights were provided to both consumers and sellers.
She really needed a car that was worth the 3000 she had been lend by her Stepfather but she came across an advertisement for sale of a second hand car that was going for 3200. There was a Janet's telephone number who owned the Black Ford Fiesta that was being sold and Barbara called the number in response to the offer.
He may also have invalidated the aircraft hull insurance so any claim for the damage to the aircraft may be refused by the insurers. Specifically, Article 52 of the Air Navigation Order 2005 ("ANO") dealing with the pre-flight action by commander of aircraft requires a commander, among others, to ensure that the flight can safely be made and that there is sufficient fuel for the intended flight, thus:
The reason why the speed limit has risen is the advancement in technology which includes better roads and better vehicles. This limit is put in place in order to reduce road accidents, protect the environment and also to enable police to easily apprehend suspicious motorists.
Perry Barr and Student of Birmingham City University and The owners of the adjoining public house may bring an action against Bloggs & Co Builder's under private nuisance and public nuisance. Before a claimant can succeed in a nuisance action, they must first be able to prove that they have suffered damage.
On the contrary, they make resistance against all types of bondages inflicted upon them in one way or the other. The individuals and nations, not demonstrating any signs of resistance to the factors and elements imposing bars on them, lose their liberty eventually; as Call (2002)1 argues that selfish and weak yielding must always do harm.
(Wikipedia) In general there are three basic requirements to be met with for the formation of a trust. As decided in the case of Knight v Knight1 the three certainties that should exist for the creation of a trust are:
Thus from the foregoing it may be observed that while any item of property whether real or personal can be made the subject matter of a trust.
A promoter is not a trustee or agent of the company but holds a fiduciary position with respect to the company, which he promotes from time to time when he first becomes a promoter until he ceases to be a promoter thereof. A promoter cannot retain any profit made out of a transaction to which the company is a party without full disclosure.
However,if amicable settlement is not reached by the couple, the laws in the United Kingdom with regards family, divorce and property are very clear on this issue.First the Matrimonial Causes Act 1973 sets out the foundation for divorce
Two of the three standards of proof, "preponderance of evidence" and "clear and convincing evidence" are limited in use to civil case.This is largely because they require only a low to medium level of proof for the establishment of guilt.
Judicial decisions are based on cold logic and cogent thinking besides legal dexterity. There may be many relevant facts to a case which may not be prima-facie available, and yet may be prime material for the establishment of guilt or innocence of the defendant.
This is where the development of money laundering law takes the stage. Considerably, because of the emergence of financial crimes, it could not be denied that the more involved people are with their needs of earning money for their basic and their luxuries, the more they become vulnerable in making particular mistakes and crimes against financial gains.
The current legislation for health protection against foodborne hazards is aimed at curbing contraventions of the law and reducing the risk they pose to public health. There are also the requirements of the Police and Criminal Evidence Act 1984 with regard to the interviewing of persons suspected of having committed an offense.
A gift to charity will be upheld, even if there is no indication of the giver's intention as to how it should be used.
The primary authority on what is charitable used to be the repealed Preamble to the Charities Uses Act 1601. Charitable purposes were those listed in the preamble, or those which are analogous to those in the preamble, and are within its 'spirit and intendment'.
And the history of school, work, counseling, and family programs in prisons does not inspire confidence: while programs of these sorts are not uncommon in prisons, they are difficult to evaluate, often operated haphazardly, and plagued by skepticism about whether 'rehabilitation' actually 'works.'
The European constitution is threatening to overtake the British constitution, considered to be the mother of all the constitutions and there are apprehensions in the air. In his recent speech as party leader at Labour Conference, Prime Minister Gordon Brown Declared: "Britain has been tested and not found wanting.
Problems of specification of intellectual property have become more controversial with the spread of digital technology in the form of computers. Print media have advantages that arise from their tangible form, over music, film and designs of commercial importance, though elements of subjectivity in judging whether a piece of work is a copy or essentially new, cannot be avoided altogether.
There have been several cases where the issue of illegally obtained material has been considered. This paper proposes to examine the cases where judges have both exercised their discretion and excluded the evidence as well as the times when such evidence has been allowed.
People serving in jury system not only inspect the crime but also saves the citizen from these speculative criminals. They inspect and investigate crime not as jury server or inspectors but disguising in as a casual citizen. So jury servers may also know as protectors of citizens.
The research has pinpointed the fact that the role of a police officer is hugely -multi-faceted as their main purpose is to help the citizens of the community, and at times this requires different roles for them to fill. However, this literature details that their role of maintaining order and keeping social control is emphasized the most and is shown to be consistent with what the majority of the public expects from the police force.
A condition is a term of vital importance and goes to the root of the contracted. It is basic and primary to the contract its breach, if committed by the seller gives the buyer a right to reject goods completely and refuse to pay the price and if the price has already been paid to recover the same.
It seems sometimes the companies do not realize the lines they are crossing, or simply don't care.However, in the eyes of the public this bides horribly, as the ever watching eye of the public often keeps its stare gazed into what business are doing.
The burden of proof is as described in European Communities - Anti-Dumping Duties on Imports of Cotton-Type Bed Linen From India (2001) quoting Canada - Measures Affecting the Export of Civilian Aircraft (1999) "a procedural concept which speaks to the fair and orderly management and disposition of a dispute"1More commonly; it is the responsibility of producing sufficient evidence in support of a fact or an issue.
Court cases have also been filed with regards to jury deliberations questioning it whether acts or acts of omission were constitutional, adhering to human rights law, right of information, Criminal Procedure and Investigations Act 1996, among other things.
CIF, FOB, and SoGA (1979) have attained relative consensus regarding the obligations of the seller within the sale of goods contract. CIF and FOB emphasise the more important of these obligations to be conformity.1 When the sales of goods contract covers ascertained goods, the buyer is obligated to provide the seller with goods which fulfil the description and characteristics of those contracted for.
According to the author, the Terry V Ohio case took place when a police officer stopped and checked three men because of their suspicious behavior. Occurring on October 31st 1963 when an experienced and old member of the Cleveland Police Department, Martin Macfadden, went patrolling downtown and saw two individuals acting suspiciously.
The police asked her where her boyfriend was and she told them, "He's home, come with me." Patty takes the officers to a building three blocks away and brings them to an apartment. The police officers knock on the door and another woman answer the door.
The parties in arbitration can choose the procedure, go for fast track arbitration, and dispense with the disclosure of documents and / or witnesses. The parties can even forego with hearing, if they wish so1. The seemingly simple process actually involves laws of four nations.
In this particular scenario, and unlike many divorce proceedings, the question of child custody does not come into play. The facts presented show no contention between the two parties in regards to whose custody the two common children shall be awarded upon the dissolution of their marriage.
The loophole in the law concerns situations where a home is purchased and no agreement is made as to the respective shares in the event of termination of the relationship. The courts have wide discretion3 to redistribute the assets of married couples without having to take into account beneficial ownership.
Remaining silent is a right5 that can be exercised by any arrested person during police interview and trial, so that police cannot fabricate evidence, because an accused is not a compellable witness, according to Keane (1996, p. 364). Interview is usually for the benefit of police, to assist their task of seeking more evidence6.
In the same way, it is problematical to define an elephant in terms of description, function or type to someone who has not seen this majestic, gargantuan creature without causing confusing or erroneous visual imagery.
Society cannot disregard the importance of binding agreements and the problems that parties usually encounter when the bargain for exchange is not honored by non-performance or an interference with the other party's performance. The law has provided remedies for the aggrieved party who has suffered damages resulting to utter disregard of a contract.