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The decision of imposing heavy fines on British Airways is highly relevant in the context of competition law. If the European Commission finds evidence of illegal business practices that restrict competition, it can act to prohibit such behavior. It can also fine companies up to 10 % of their annual turnover.
The development of this equitable principle insisted upon formalities that made it possible for a trustee to be placed in a position where he or she could construct a complete list of the benficiaries under a trust. However the House of Lords in McPhail v Doulton modified this test and substituted it with an “in or out test”.
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In order to assess the liability of Kevin and Joe in the above it is necessary to examine the mens rea of the parties at the time of the offence. It is also necessary to discuss the chain of causation to establish whether intervening events are capable of absolving the parties of their liability in this matter.
There are so-called employment appearance codes that many employers promulgate and enforce which aim to regulate the appearance of an employee such as the hair length and style, mustaches and beards, clothing and eyeglasses, and maximum weight tolerances (Sarno, 2007). Aside from being a basis for hiring, it may also be a basis for retaining or even firing an employee (Sarno, 2007).
In one area, the HIPAA requirements have led to improvements in service: guarding the privacy of patient’s records. Prior to 1996, physicians, staff, and others in hospitals could have free and unfettered access to patient records. There were few criminal consequences for those who chose to disseminate patients’ health records.
The Working Time Regulations 1998, which introduced a comprehensive scheme of limits on working time for all workers, whether or not they are referred to as “employees”. Joshua is to opt-out of the maximum working week. Now the question arises that whether the conduct is a breach of Working Time Regulations or not.
Evicting the tenant is necessary because it is the prime source promoting encroachment and defacement to the property, as vehicles are to be parked in the compound as a part of their service. Foreclosure of the lease may attract legal complications. Thus, an amicable settlement to the issue should be more appropriate and viable.
With judicial plea bargaining, the judge will give an indication to the defendant of the punishment he is minded to award if the defendant pleads guilty. This gives the defendant the option to consider whether to enter a plea or not. This can be beneficial to the accused as they are aware of the penalty involved before plea
The efforts made in the UK regarding the development of the legal aid system should be considered as justified if taking into account the changes in the social and political framework of the country in the last decades. In this context, the country’s legal system should be also updated in order to meet the needs of the public in modern Britain.
Changes in legislation and precedents set by case law have had the effect of defining malice aforethought in narrower terms. The statement made by Coke needed there to be a degree of ill will or premeditation to be present for the accused to be found guilty. The recent amendments have meant that the prosecution need only show that there was an intention to kill.
Although the aforesaid comment is not exactly truthful, it is close enough to reality, especially when considered in the light of the complexities that such a contract can create. The given situation at hand seeks to delve into the very core of the definitional concept of a contract. The most popular manner of defining a contract is by treating it as a promise enforceable by law.
What are drugs? Why is there so much talk about them? Why do people fall prey to them? Are narcotics called drugs? These are some of the questions which are asked by many of us. There is no answer to these questions. In spite of the warning of the dangers and the effects of these drugs, the number of addicts is going on increasing.
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Early concern focused on wife-beating but attention is now directed at a broader range of behavior. For example, Hester and Radford identify ‘a range of abusive behaviors’ such as ‘emotional cruelty, controlling and demeaning behavior including withholding of money, attempts at strangulation and threats to kill.
The facts of the case were simple enough; at the age of five, Sarah Roberts was to be enrolled in primary school. The city of Boston had established a school district system, by which they had divided the city into 21 districts that comprised several primary schools, with the total number of such primary schools being one hundred and sixty-one.
The author states that he cannot agree with John Locke’s Second Treatise, especially on private property. It goes against his views that he holds dear. Neither can he agrees that God gave the earth to all the men for their use. We, communists, do not acknowledge the presence of superior power, the creator or preserver.
A basic tenet of the Australian and the American criminal justice system is that justice must be done. Failing to recognize the role played by Aboriginal customary law in a particular case, may well indeed lead to injustice. This reason alone may well justify legislative endorsement of the common law discretion.
The question of losing privacy, anonymity, to some extent, dignity and civil rights is the matter for sociologists, intellectuals and mainly for the government and lawmakers to decide. It is definitely necessary to build a safe society for the people to live and perhaps losing some of their civil rights might not worry the needy much.
All contracts begin with an offer. However, the offer is required to meet specific requirements chief among them is the requirement of clarity. The offer must be stated in terms that clearly convey the subject matter of the offer and the terms and conditions upon which the offer is made.
Al Qaeda is an international alliance of Islamic Militant organizations founded in 1988 (Wright Looming Tower (2006) by Assam (Osama Bin Laden) after the soviet war in Afghanistan. The main information of this outfit organization was to fight back the soviets who had invaded Afghanistan in the 1980s. After the withdrawal of soviets Bin Laden returned to his native Saudi Arabia.
The changes in economic and political sectors have affected the shipping sector tremendously. There have been changes in ship size, cargoes carried, performance, and general market supply/demand trends during the past 30 years. This is nothing but a direct response to the rapid growth of world trade and the shift in maritime markets.
Taking a stand against anti-social behavior” (www. Archive2.official-documents.co.uk), Home Secretary David Plunkett emphasized that there was a need for a tough approach to anti-social behavior so that when people break the rules, there are consequences which are “swift, proportionate” and which will “change the pattern of their behavior. (Cm 5778 at Foreword).
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In order for feminist criminology to have a more effective role in the reduction of women involved in criminal activities worldwide, feminist theorists need to develop an appropriate framework applicable in practice. The full extent of female crime cannot be understood and dealt with until society as a whole, particularly males, change their attitudes towards the female ability to commit a crime and allow them to take full responsibility for it.
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It can require companies to provide information and, if necessary, carry out surprise inspections in the offices of companies and, with a court order, in the homes of company personnel. If the European Commission finds evidence of illegal business practices that restrict competition, it can act to prohibit such behavior.
The future direction οf ILO's standards is not yet clear, but it is evident that standards remain fundamental to the organization's purpose. However, as pointed out, problems exist in the relations between different organizations, between different visions οf the organization and its aims, and among the ILO's own constituents.
One of the main institutions that carry out the tasks of the EU is the European Council, which is supposed to act within the limits of the powers conferred upon it by the EC Treaty. The assignment presents two case scenarios involving consumer welfare and fair trade promotion as embodied in acts of the Council that run into controversy.
Emotions are more than psychological states. They are also reflections of culture and social structure... Feelings of despondency, depression, and despair are now understood to be so culture-specific that guidelines for psychiatric evaluation recommend that cultural background be considered in diagnosing the emotional states of patients.
Even if the offeree has made up his mind to final acceptance, the agreement is not yet complete. There must be an external manifestation of his assent. This can be some word spoken or act done by the offeree or by his authorized agent, which a court of law can regard as the communication of the acceptance to the offeror.
The House of Lords’ decision in the case of Salomon v Salomon & Co Ltd established the corporation as a separate legal entity in common law, with an existence and personality separate from its shareholders. This case firmly established that when a corporation is incorporated, a new and separate artificial legal entity is brought into existence.
The inherent need of children and adolescents to be included as valued members of society, as evidenced in their intense concentration on creating bonds with their communities, can be used to help lead them into more productive fields that will not only benefit them as individuals but can work to benefit society as a whole as well.
In order to successfully establish causation in fact, the “but for” test that was laid out in the case of R v, White2 must be applied. According to this test, the prosecution must prove that but for the defendant’s actions, the death of the victim would not have taken place.
The author states that historically, China has not hesitated to use force even against more powerful adversaries when they perceive the opportunity to achieve strategic objectives. This poses a direct threat to the national interests of the United States, which according to Morganthau, are measured in terms of a state’s power.
Both intention and recklessness can be used to substantiate the existence of men's rea. The definition and application of the doctrine of recklessness have developed into a confusing and contradictory exercise and the recent House of Lords decision in R v Gemmell and Richards was an attempt to remove the previous confusions and contradictions.
In giving advice on the validity of trusts it is important to discuss the three certainties that the courts expect to find within a trust. The three certainties are certainty of intention, the certainty of subject matter and certainty of the object. Where one of the three certainties has not been present the courts have declared the trust invalid.
This concept stands in juxtaposition with an equally stagnant theory of Community supremacy within the context of the European Union. As a result, the UK’s constitution is idiosyncratic in the wider European context. The discussion that follows examines these two vastly similar concepts of supremacy and demonstrates how it is idiosyncratic with respect to the UK’s constitution.
Road accidents leading to the highest mortality rates are conspicuous among young teenagers. If they get a license to drive at an early age they are prone to have off-road and on-road crashes. Off-road motorcycling has increased the risk of an accident. The lower the age of the driver, the more he is at risk of having an accident.
Hong Kong gained sovereignty from the rule of British and hence reverted back to Chinese independence on July 1, 1997. As a unique Administrative Region (SAR) of the PRC-People's Republic of China, Hong Kong benefits from an elevated degree of independence with the exception of protection and foreign affairs and vestiges a free civilization with legally confined rights.
The essay was the result of Thoreau’s brief stay in a Concord jail after refusing to pay his poll tax. “It is Thoreau’s extremely personal response to being imprisoned for breaking the law. Because he detested slavery and because tax revenues contributed to the support of it, Thoreau decided to become a tax rebel” (McElroy, 2005).
Questions range from possible avoidance of liability under certain conditions, the advisability and benefits of having arbitration, resolution of more prevailing doctrines under the given case facts, remedies in case of cheque returned marked ‘R/D’ by the bank and where goods are being delivered including a preventive measure to prevent erroneous shipments and product liability in the relation to EU harmonization rules.
This struggle may be a moral one, or it may be a physical one, or it may be both moral and physical; but it must be a struggle. Power concedes nothing without a demand. It never did and it never will.” (Douglass). These words are most applicable in the case of Civil Disobedience where we see an active or voluntary rejection to obey certain laws demand, orders, etc.
America is the world leader in many aspects including the number of people it imprisons (per capita) and is ridiculed worldwide for its less-than-sensible methods by which it attempts to protect its citizens. Prisons should concentrate on rehabilitation because many inmates will eventually be released.
The author states that the Company claimed that it was not a new issue and this. The work assigned to Brown at DSC was to provide technical support for Motorola Cellular division software support. However, Mr. Brown was also actively involved in the idea of an automated computer conversion of machine-executable binary code.
The juvenile justice system was founded by the imperatives, not only of protecting society from youth criminals but of rehabilitating these youth. The system does not satisfy its original objective in that the focus has shifted from rehabilitation to incarceration. Juvenile crime is on the rise and that this, in itself, underscores the failure of the current system.
There are residual problems that might impact on domestic stability or stability with neighboring territories. As a result, the concept of self-determination in international law is, in practice, less wide-ranging than might be supposed.
The Green Paper discussed above shows that the EU Commission’s paper Towards a Europe free from Tobacco Smoke: Policy Options at EU Level states the legal framework on Environmental Tobacco Smoke exposure and its relation to health considerations is a major contributory factor to cancers on people who do not smoke.
The author states that the purchase price of £140,000 was financed by Harry’s savings and a mortgage loan. Sally said that she wished that she could contribute to the purchase, but Harry told her, “It doesn’t matter that I’m paying for the house, but we’ll say it’s one third yours anyway”.
Rather, they have busily rewritten capital punishment laws and, more recently, engaged in studies designed to investigate select issues, including actual innocence, ineffective counsel, and race bias in the administration of the death penalty.
Relatives cover the Parents, grandparents, and other dependent relatives of persons present and settled in the United Kingdom. The Immigration Rules say that widowed mothers and widowed fathers aged 65 or over, and parents or grandparents traveling together, one of whom is 65 or over, can come to the United Kingdom.
Charlie runs a car park, which has a sign at the entrance that announces ‘£1/hour'. Charlie always sits at the entrance and issues parking tickets. Ernie enters the car park in his car and as he enters the park he shouts through the window 'I don't agree to your offer and won't pay anything'. Ernie parks his car and leaves in it after two hours.
The author states that contract law has its base from the Latin phrase, Pacta Sunt Servanda. Any violation of the contract by any party is called as Breach of contract and Breach of contract is well recognized by the law and remedies can be provided. Almost everyone makes contracts every day. The contracts are basically of two types.