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In some situations, the goods bought may be free of defects but may fail to serve the purpose for which they had been purchased. However, in Slater v Finning Ltd the court held that if the buyer desired to utilize the product for an abnormal purpose and if this had not been revealed to the seller, then a claim under section 14(3) of the Sale of Goods Act would fail (Slater v Finning Ltd, 1997).
The author states that rules of international law cover almost every facet of inter-state activity (the use of the sea, outer space and Antarctica, international telecommunications, postal services, the carriage of goods and passengers by air and the transfer of money) and is a primary tool for the conduct of international trade.
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According to the agreement with Frank, Jeremy accepted to ‘let him off’ £750 out of his total dues, if Frank continued to be his tenant and paid the balance £750. Frank accepted the offer and acted accordingly. According to the agreement with Gerald, Jeremy accepted to ‘let him off’ £750 out of his total dues, if Gerald continued to be Irma’s tenant and paid the balance £750.
If Mandy were to rely on the behaviour of Andy she is more likely to be successful as she could point to the fact that he has previously had a problem with drugs and had to go into a rehabilitation clinic. She could use the fact that he is now behaving in the same manner as he used to when he was taking drugs before.
Although the decisions of the English Courts may feature the reluctance of the Court when it comes to adopting the precautionary principle as something that can be justiciable in isolation from other causes, there are already many instances where the principal had been seen as part of the laws of the land.
The conclusion that can be drawn from the above is that the money to the University is likely to fail as the will distinctly set aside the money for the translation of the inscription which has already been completed. The money to Statuswatch would fail under the 1993 Act but is likely to be upheld under the 2006 Act. The disposition to the reading room is likely to succeed both before the 2006 Act.
Nobody can complain of the jostling which is inevitable from his presence in, for example, a supermarket, an underground station or a busy street; nor can a person who attends a party complain if his hand is seized in friendship, or even if his back is (within reason) slapped.’ Likewise, the law relating to consent should be revised to reflect Lord Goff’s position as well.
The residue of the estate is to be left to my daughter Millie. In the event that should not survive me, then in that event, I devise and bequeath all the rest, residue and remainder of my property of whatsoever kind or character and wheresoever situate, whether presently owned or hereafter acquired by me, to the children of Millie equally.
As per Section 7 of the Act, registration is mandatory to confer title, failing which the ownership of the land is stripped away and the land is held on trust. When the title is duly registered, then this means that the entire estate is vested in the new proprietor, together with all the subsisting interests, all to be accounted.
The archaic application of the term ‘unlawful sexual intercourse’ was discriminatory in nature and encapsulated a rather sexist view of the female’s role in society. For example, a husband could not have unlawful intercourse with his wife. In other words, a woman was not at liberty to refuse to consent to sexual intercourse with her husband and could not legitimately substantiate a claim of rape.
The government organization has very limited control over the manufacturing and marketing of these products, so the manufacturer needs to give more priority on the quality aspect and ensure its fitness for use in child car seats. The Car Seats Unlimited Inc. is dealing with a major problem relating to the product liability of child car seats.
In recent years, abortion politic issue is on the top agenda between the lawmakers in the United Kingdom, which as a result pressed the Conservative to put them involved over the issue. Though there is a law that legalized, once the Health Minister in the country, during the Liam Fox, in 2001, had called for alternatives to abortion legalization in the UK, if it cannot entirely be abolished.
The media play a role in forming public perspectives about the police. Every crime is covered extensively by the media, putting the police under a microscope. The coverage is usually critical, possessing the privilege of hindsight, and give ample material for hardening of attitudes among viewers or readers.
While Zero Tolerance Policing and COPPS are based on different ideologies, the two approaches share some common perspectives. Both emphasize the role of the beat cop, the improvement of the physical environment, a preventive approach to crime, and the decentralization of the command structure. The need of the hour is a policing policy which incorporates the stringent accountability and ‘constant’ methods of Zero Tolerance Policing.
The December 2002 exoneration of five young men who were convicted of the infamous 1989 attack on a jogger in Central Park highlighted the ease with which standard interrogation techniques can produce false confessions that lead to wrongful convictions. When the jogger was attacked in 1989, the public was convinced.
Laws that force women to carry their pregnancy to term contradict the precepts of the U.S. Constitution as well as any definition of compassion and decency. It is unconscionable that a nation founded on and dedicated to civil liberties could allow its citizens to resort to dangerous self-abortion procedures.
Any attempts by either party to prevent the performance of the contract would be classed as a breach of the contract. The doctrine of anticipatory breach centers on a party either renouncing the contract before performance is due or disabling himself from performing the contract before it is due to be performed.
The conclusion that can be drawn from the above is that the courts are likely to insist that Marcus has to compensate David for the amount of money he has paid towards the upkeep of the property. David is unlikely to get an equal share of the profits in the property as he did not pay towards the purchase.
The author states that private property is nothing but any material and nonmaterial property owned by any person or group of persons1. Several theories have been postulated in support of the possession of private property. Theories like occupation theory, utilitarian theory, labor theory, and economic theory are quite prominent among them.
As may be noted in the case of Pye16 the position of the Government was that the reality of the unopposed occupation of land leads to an inference of legal ownership. On this basis, therefore, there arises a legitimate public interest in maintaining adverse possession, since the alternative is costly litigation in the Court.
The author states that the precautions, auxiliary or otherwise, that are enshrined in our constitution to protect liberty and prevent tyranny as articulated by Madison and the other framers include the principle of checks and balances as found in the constitution for the purpose of maintaining in practice the necessary separation of power.
Article III of the United States Constitution provides that ‘The judi¬cial Power of the United States shall be vested in one Supreme Court.’ In accordance with this provision and by the authority of the Judiciary Act of September 24, 1789, the Supreme Court was established (“A Brief Overview”, n.d.).
For co-habitants who have spent so many years together without the blessings of marriage, it is often unfair for the parties to come out as having no share at all in the properties which they both enjoyed while they were together. The properties that they bought during their cohabitation is deemed to be their joint properties.
There are not too many who care about what will happen to that person once s/he is in the custody of the wardens and that person’s identity and life are often lost to the system of corrections. However, there is still a life which goes on behind bars and an entire system which governs how that person is to be treated, what rights are given.
The starting point of genuine reconciliation and dialogue is mutual recognition and acceptance of the legitimate rights of both … A settlement, which recognizes the legitimate rights of nationalists and unionists, must transcend the context of Northern Ireland… It requires a common will to alleviate the plight of the people, both nationalists, and unionists.
Firstly, you wish to know what kind of business I propose to set up. I have given a great deal of thought to this and my conclusions are that setting up a private limited Company, with a few shareholders to start off with would be the best option for me to choose. The Company could be incorporated in accordance with Articles in Table A form, as allowed for under the Companies Act of 1985.
For the consent of the patient to be valid, the doctor must prove that the patient had been informed of the risks involved and that they had notified the patient of all the possible complications that might occur when performing the operation (Hope, Savulescu and Hendrick, 2003. The doctor is also under a duty to ensure that the patient is competent to give their consent to the operation.
The paper shows that the act only dials with the right sue of the 3rd party 16. But, the second rule has not been abolished. The rule and its, exceptions all remain. The Act only creates a large and wide-ranging exception to it. Though the Act practically made the scope of the second rule very narrow, it still exists there.
The traditional view of international law is that advocated by Hall1 as a series of rules of conduct which are adhered to by civilized nations as if they were laws formulated in their countries. As a result, the modern international law is a comprehensive legal system to structure society, wherein the legal rules are formulated based upon political.
The pluralist view of industrial relations recognizes the divergent positions of the employer and worker – the employer is motivated largely by profit, while workers are interested in acquiring decent conditions and occupational security. Due to these conflicting goals, tension exists in the employment relationship.
Farrar has spelled out these fiduciary duties and one of the most important aspects of this fiduciary duty arises when there is a conflict posed between the Director’s interests and the interests of the Company, where a Director is expected to subordinate his own interests to that of the Company rather than profit from his position as a Director.
In the case of Baron v Lovell6, the Judge clearly pointed out that the objective behind the CPR is to ensure that the old adversarial litigation system is dispensed with and that parties are required to conduct themselves in a reasonable manner towards each other, without the point scoring and delays that drag out the cases.
The offenses were committed when the defendant was fourteen years old, but she was convicted for them when she was fifteen. The judge passed an order for detention of the defendant for a term of two years in a young offender institution for each offense, for which sentence was to be served concurrently.
The Judiciary and legal professionals have increasingly resorted to this stratagem. Lord Woolf’s 1996 report Access to Justice has highlighted the importance of the alternative dispute resolution for engendering the unbiased, fair, speedy and impartial resolution of disputes.
A marriage that is found to be bigamous may also be voidable. While a polygamous marriage cannot be conducted within the UK and be recognized under the civil law of England and Wales, English law does recognize and render voidable, marriages that are contracted abroad and the parties are not domiciled in the UK at the time of the marriage.
The author states that the scope of the treaties and lawmaking bodies has to be comprehended in order to appreciate the constitutional implications in respect of being a member of the European Union. Moreover, it is essential to understand the lawmaking process and the manner in which these laws are enforced in the legal systems of the Member States.
The rule on implied sharing in the property stems from the assumption that the people involved are partners. According to Lord Bridge in the case of Lloyds Bank v Rosset (1993), there is a need for us to ascertain whether or not the parties have established a kind of agreement regarding their affairs.
The common market and the formation of the EU meant that laws across different nations had to be consolidated with several aims in mind e.g. prevention of unfair competition, protection of consumers, and ensuring uniformity of law. These laws also affect the processes by which food is produced across the EU.
On the basis of the above, it may be concluded that the Jackson case has questioned the traditional notion of Parliamentary sovereignty. This case is important because it raises the issue of curtailment of the powers of the House of Lords, which in turn raises the issue of imbalances in the bicameral system.
In Anns v Merton London Borough Council the test for the duty of care was held to contain three primary functions. The first was to determine the remoteness of damage. Secondly, the relationship between the parties must be of sufficient proximity to imposing a duty of care. Thirdly, the imposition of a duty of care must be fair and just.
The Telecommunications Act of 1996 was the first comprehensive ‘overhaul’ of telecommunications law in 62 years. During floor debate on the Act in the House of Representatives, a floor amendment (Title V, cited as the Communications Decency Act of 1996) was adopted, included in the comprehensive reform measure, and enacted into law.
Most youth courts are developed from the assumption that most offenders are more likely to have been brought up in disadvantaged families or they may not have received penalties for previously committed crimes, for this reason, therefore, these courts have developed in our present world to cater to such needs.
Patient assessment invariably includes the three key factors: knowledge deficit, physical immobility, and anxiety. Addressing these three main factors in addition to the appropriate therapeutic factors would certainly bring a nurse to a clear understanding of the patients’ overall position; thereby retrieving consent from the patient becomes easy.
Article 81 deprives undesirable trade policies of competition including fixation of price, market sharing, limiting output, and bid-rigging. Article 81(1) proscribes business agreements that could influence trade between the Member States and aim or bring about deterrence, restraint, or alteration of competition.
Phillips will purchase additional quantities of plastic bottles from CBC during 1986, CBC’s commitment to purchase several additional molds to blow the Phillips plastic one-quart container and Phillip’s agreement to take delivery of a maximum of 4,000,000 bottles to be made available by December 31, 1986.
The Law that will apply in this case is the representations and terms of the contract. In assessing the question of the clause in the contract that prevents B from setting up in the bookstore trade, the law that will apply will be conditions and/or warranties in the contract. The legislation that will apply is the Sale of Goods Act of 1982.
The Duty pertaining to the conflict of interest has also been premised largely on the three aspects of the fiduciary relationship in which a director is held to his company, as has been stated above. Case laws have emphasized the fiduciary aspect in deciding upon some issues of the conflict of interests.
Smoking should not be a criminal offence because (a) it cannot be conclusively established to be the cause of death for passive smokers since they could be suffering from other ailments (b) making smoking a criminal offence would be a violation of individual right to conduct and freedoms guaranteed under the European Convention of Human Rights.
When required to determine whether a car was unmerchantable the Court should consider (i) whether the car can be driven safely, (ii) the ease or otherwise of repairing the defect, (iii) whether the defect can be completely repaired, (iv) whether there are a number of minor defects and possibly (v) any cosmetic factors which appear to be relevant.
The question of determining whether an agreement is a license or a lease has traditionally been based upon the conferring of exclusive possession5 of the premises to the occupier, to the exclusion of the landlord and others6, which makes him a tenant under Part II under the Landlord and Tenant Act of 1954.