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The Toms and Salisbury’s plans to market similar products with strikingly similar styles amount to the common law tort of passing off. The Soils can initiate legal proceedings with a view to preventing the intended passing off. In Reckitt & Colman Ltd v Borden Inc [1990] 1 All E.R. 873 the House of Lords confirmed that a three-tier test of goodwill and reputation.
Punishment for crimes that are deemed cruel and unusual is forbidden by the Eighth Amendment to the U.S. Constitution. The use of the death penalty is considered by some to be the most obvious and heinous example of cruel and unusual punishment. However, proponents of the death penalty believe it to be neither cruel nor unusual.
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Contractors and subcontractors in the construction industry run on cash. Lord Denning many years ago made the oft-repeated phrase that cash flow is the lifeblood of the construction industry and this sentiment is still relevant today. Estimators when preparing tenders usually concentrate on building profits into the price.
The system of checks and balances within the UK’s democratic system makes it possible for constitutional conventions to maintain a desirable measure of restraint over government autonomy. While ministers are accountable to Parliament the judiciary is independent. There is unquestionably a separation of powers even within the government.
Whether or not the unlawful homicide amounts to murder will depend on the facts of the case. Questions of facts are matters that only the jury can decide. Therefore whether or not causation and provocation can operate to reduce one or both of the murder charges to manslaughter should be left to the jury rather than to CPS.
Where the transferee required being doing something on the land, then it is affirmative. Where it restrains the transferee not to do certain things then it is negative. In other words, restrictive covenants are deed restrictions that apply to a group of homes or lots in a specific development or 'subdivision.'
Parents of profoundly disabled neo-natal infants may elect to forego massive medical intervention, preferring simple palliative care as nature takes its course. Likewise, persons with increasingly untreatable illnesses certain to lead to death (e.g., a metastasized cancer) may elect simple palliative care, with associated pain management.
Some contend that this tactic is a necessary tool that must be employed to protect the public especially now in this age of widespread global terrorism. However, many view profiling as a violation of civil liberties. Those of Arab descent are singled out as potential terrorists, detained, and harassed more so than others. This is unacceptable in a country that champions civil rights.
As it is already known there is a UN Assistant mission to Iraq (www.uniraq.org) and its main responsibility is to help the Iraqi people in all aspects of life. In this context, we should urge UNAMI to mediate among the neighboring countries to solve the problem and make the necessary research about the environmental impact on Iraq.
The Patriot Act became federal law in October of 2001. It was quickly accepted by Congress just a month and a half following the September 11 attacks. The pressure to pass anti-terrorism legislation prevailed over the need to understand what the 342 page Act entailed. Most Congressmen admit to not have read the Act before voting to pass it.
The law within the UK has given the police the power to arrest any person suspected of terrorist activity and detain them without charge for a maximum of 28 days as amended by the Terrorism Act. In cases where this has happened the suspect is not entitled to know the reason for their arrest and in some cases has been denied access to legal representation.
Remedies for misrepresentation depend on the type of misrepresentation made. In a typical case of misrepresentation, the innocent party will be at liberty to rescind the contract and/or seek damages. In the case of discussion, it is obvious that the statement made by Jennifer to Hassan in respect to the garage’s profit was false.
In the article “Treating money as free speech”, Bowie Nolan, 2007, brings out an interesting idea of “ownership society”, wherein he suggests that in such an American society every American would have a copyright or trademark for their personal information and profile, the money value of which could be kept low.
In the case of the vintage cars, there may be a difficulty with regard to the certainty of the property as Charles is allowed to select which of the cars he wants with the remainder being given to the museum. In Sprange v Barnard 2 Bro CC 585 the trust failed as the wording stated that the remainder of the property was to go to the respondent.
The Securities Exchange Act of 1934, mail and wire fraud legislation, and Internal Revenue codes have all been designed to reduce the opportunity for a business to gain an unfair competitive advantage. With the age of multi-national corporation and globalization, foreign corruption has become a bigger issue.
The foundation of the American criminal justice system is located within the U.S. Constitution, specifically in the Bill of Rights, the first 10 Amendments to the Constitution which guarantees every U.S. citizen certain fundamental liberties and rights. With regard to criminal procedures, the foremost of these rights is the assumption of innocence.
Stage 5 of the Burnard analysis suggests that ‘The new list of categories and sub-headings is worked through and the repetitious or very similar headings are removed to produce a final list’. This shows that a list of a few categories for discussion is chosen and this would include all the issues drawn out in the interviews.
According to the essay, Wolfe explains on July 17th, 1992, a twenty-two-year-old hair stylist, walked into a suburban bank near Richmond, Virginia carrying a 12 gauge shotgun in his hand. Additionally, he meant real business for he fired two shots at a door and took one man and nine women as hostages.
There are so many aspects that are to be discussed while we speak about the liabilities of the builder to the claimant. Since the English law completely relies upon the decision in the Donogue Vs Stevenson (3) regarding the duty of care prima facie it can be doubted that the builder is liable to pay off the damages to the claimant.
It's clear that maximum possible care has to be exercised while selecting executors because their job demands an immense amount of work, care, and responsibility. Thus the consent of the person has to be sought prior to that person being appointed as an executor. This is a very important factor that has to be taken into account while appointing an executor.
Justice Rehnquist’s dissent, quite properly, was rooted in law and precedent, and not in theology. Nonetheless, it is difficult to escape the notion that Rehnquist’s language at least tacitly pointed to underlying respect for what Aquinas termed ‘third-order’ moral judgments—those reflected in the practical behavior of the great majority of people.
The word ‘deviant’ is preferable to ‘criminal’, as the latter just refers to violations of legal codes which may not reflect consensual values at all, do not encompass all acts of deviance or are based on legal concepts which are unscientific, reflecting metaphysical concepts of free-will and intent.
It is to determine the constitutionality of a ruling rather than the determination of innocence or guilt, or the legality of an issue. It is thus of extreme importance that a Supreme court judge be thoroughly cognizant of the US Constitution and to be able to set aside ideologies whether social, political or cultural.
This study examines the situational approach to crime and how valid it may be as a rationale for criminal behavior and recidivism, particularly within a captive environment. The prison environment itself may be a factor contributing to changed and escalated patterns of offending behavior in certain prisoners.
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The principle of insurable interest refers to the fact that a person seeking insurance must have an actual pecuniary interest in the subject matter of the insurance, i.e, he must stand to lose something of value and not benefit from the loss of the insured matter.(www.helplinelaw.com). This appears to be a valid principle.
The Due Process and Equal Protection Clauses that comprise the amendment make it very valuable support for immigrants and minorities. In the context of the civil war, it liberated the African American slaves and brought equality in American society, at a conceptual level at least. The fourteenth amendment acted as the foundation upon.
This essay demonstrates that issues hindering the exercise of public rights or public health, safety, and convenience comprise misuse or interference. In order to seek a redressal action in tort, claimants have to establish that they suffered damage over and above what had been suffered by the public at large.
In Iran, the Supreme Leader has the power to pardon an individual as well as offer clemency rights. (Ruckman, 1997) The President of the Republic of Italy has the right to pardon while within the United Kingdom, the same is a royal prerogative that lies at the mercy of the monarch prevalent within the United Kingdom.
In the matter of giving evidence, Section 53(1) of the Youth Justice and Criminal Evidence Act holds that all witnesses are competent to give evidence unless the person is unable to understand the questions put to him or unable to give answers that are understood, or the person is under the age of fourteen.
Proponents of the practice argue that the sentiment of humane treatment afforded animals that are terminally ill or injured and are suffering should be given to humans as well. It's worth mentioning that opponents suggest that euthanasia is a ‘slippery slope’ that would allow increasing instances of coerced suicide.
Whatever the discussions come up in this field there is still a question arises that does it give the memorandum and Articles contractual effect only in so far as they confer right or obligations on the member in his capacity of a member or does it give contractual effect on the director in the capacity of the member.
The Court has always ruled the terminology of the Eighth Amendment does not exclude the implementation of death as punishment. The Constitution is a malleable document, however.
As was stated by Balcombe LJ all relevant evidence needs to be admitted and judges should be trusted to be able to give probative weight to relevant evidence. The exclusion of any evidence, especially in a criminal case, poses the danger of potential injustice that could result in the withholding of valid hearsay evidence.
Regarding specifically the business operations in the European Union area, this is regulated mostly by the rules stated by the Union directly but also the Treaties that have been signed throughout the years. However, it should be noticed here that specifically for Treaties it is necessary for them to have been ‘verified’ by the relevant States.
Since the year 1948, the various revisions to the Marriage Act have removed the restrictions on a woman marrying her father in law. In 1960 in particular, most of the restrictions on marriages between in-laws have been removed1. As things stand now, a man may marry his son’s wife when if she has been divorced, so long as both individuals are adults over the age of 21 years.
European Economic Community directive 85/374 and the UK Consumer Protection Act 1987 are stringent with regard to the product liability in cases involving the safety of products causing death or damages to the customer. The object of this paper to analyze the given commercial liability case and conclude on the advice to be given to the defendant.
Protection of interests may occur when there is an anterior application on a property, in which cause a caution may be lodged with the Land Registry. Any party who could not register his/her interest for any reason will be able to examine the title of a property proposed for registration and lodge a caution in the event of any objection.
There is a crime committed through a direct act of the perpetrator and there is a crime of omission when the person failed to perform an act. In the case of Boris, Colin and Dr. Dan, all three of them are criminally liable in connection with PC Ali. However, since the three of them did not perform a concerted act but rather of three different.
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“Common law lawyers have traditionally tended to regard good faith as an invitation to judges to abandon the duty of legally reasoned decisions and to produce an unanalytical incantation of personal values and the point out that it could well work practical mischief if ruthlessly implanted into our system of law’ (Zimmermann et al., 2000, 15)
The labour movements have been instrumental in the enacting laws protecting labour rights in the 19th and 20th centuries. Labour rights have seen integral to the social and economical developments since the industrial revolution.
When looking at the liability of each party in this particular situation it is necessary to examine causation and consider whether any events have occurred that can be deemed as having broken the chain of causation. In this particular case, it would appear that his intention was not to harm Ali but that he was attempting to evade arrest.
Fortunately, there are sections of people around the world who recognize the fact that animals too have a right to exist and lead a life free from torment. Under the circumstances, it is heartwarming to know about this singular piece of legislation from no less an institution than the great Mother of Parliaments.
The main aim of the criminal justice system is the conviction and the appropriate punishment to the guilty and the acquittal of the innocent. It also wants to ensure that very little pain is caused to everyone in the process. In the UK, crime has increased to thirtyfold in the last century but the criminal justice system has not adapted to it.
Perhaps a more holistic approach to the criminal justice system is the best way to address the fear of crime. This approach was more clearly delineated in The Morgan Report which resulted in the Crime and Disorder Act 1998. The general idea is to generate some feeling of community responsibility as a means of reducing the fear of criminal activity.
Trietal however points out that in respect of obligations of parties in a contract “the question whether a particular obligation is entire or severable is one of construction, and where a party agrees to do work under a contract, the courts are reluctant to construe the contract so as to require complete performance before any payment becomes due.”
To understand the concept of Parliamentary sovereignty, it is important to have a clear Knowledge of political and legal sovereignty as well as Dicey’s definition and he has introduced this doctrine of Parliamentary sovereignty. For example The Nigeria Independence Act 1960 and The Zimbabwe Independence Act 1979.
They are also increasingly being brought up by a single-parent, by one or both step-parents, and sometimes by grandparents. In most circumstances, families bring up their children in a loving and caring environment which is necessary for their healthy and normal development until they reach adulthood.
In the case of Fales v Canada Permanent trust, for example, the trustees were held to be liable for their failure to act responsibly and for their lack of duty of care to the shareholders. This could prove to be a difficult issue for Peter and Mary if Paul is considered to be a shareholder.
The British government must get around these issues in order to ensure that its citizens are treated fairly and be given the opportunity to marry or live with citizens of other countries inside the country of their residence. This is the only way for British citizens to be permitted to maintain the family life of their choosing.
The size of the government has been growing and there needs to be a clearer understanding by the public that there is no misunderstanding of the intentions. The act, irrespective of the implementation hassles, there are too many positive aspects which make the government more responsible and the state's ability to govern improves.