The amount of money given or awarded, in theory, is the amount that would be required to make whole the injured party for their loss. Though these are the general and dominant rules of damages, they are not exhaustive. Exceptions exists where damages are awarded to punish the injuring party or as a matter of right (Mallakh 23).
(2 marks) Judge Pearce. Gave judgment to the plaintiffs for the sum claimed. 3. Where was the case heard at first instance? (2 marks) Lambeth County Court. 4. Who were counsel and solicitors in the Court of Appeal? (2 marks) Nicholas Yell for the Defendants.
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As per the sections 641 to 649 of the Companies Act, 2006, a public company can reduce its share capital with permission from a court. It is obvious for the management of a company to resort to reduction in share capital, mainly to extinguish a shortfall on its profit & loss account.
2 check account maintained at Elwood Branch without giving adequate notice to Narni. Because of the breach of their arrangement, Narni allegedly have suffered damages for loss of earning profit from the Carrum Nursing Home and even after the sale, Narni did not earn any income.
Contrary, non-residents do not lie under the similar jurisdiction but in majority of the cases, non-residents are liable to pay tax for the income earned from the country under consideration. Residence for individuals is attained after residing more than 183 days of the income year in the country in question.
Another issue that has also been identified in staff meetings and discussions within the department is the staff's unhappiness with how decisions are made within the department. It is their expressed perception that the system of decision making within the organisation is top/bottom.
On the other hand, it is argued that financial market regulation imposes significant costs to an economy that outweighs the benefits (Benston, 1998).It has been argued that the inappropriate regulatory measures combined with many other factors have resulted in the recent economic crisis
Marine Insurance enables an entity or a person to be indemnified in respect of any loss caused due to the damage to one’s ship or cargo etc, by an accident which is always a probable threat in sea voyages. In the given case, the loss is caused due to damage to two ships, a pier and 20,000 tonnes of cargo each belonging to different parties.
The concept behind punishment is to decrease the likelihood of people committing crimes by attaching a cost to them . In the case of incarceration and execution, there is an additional benefit of removing the criminal from society for a certain period of time or indefinitely.
The duty of care is owed to the claimant in the following circumstances: when the damage to the claimant is reasonably foreseeable. Secondly, when the relationship between the claimant and the defendant is sufficiently proximate and, three, when it is just and reasonable to impose a duty of care (Wesemann, 2011).
Use of Force Policy in New Jersey
The policy of the use of force has both its advantages and disadvantages.
This paper is an evaluation of the force policy currently applicable in New Jersey. It will begin by describing the force policy, which can be divided into two parts; the policy governing the use of lethal force, and the policy governing the use of non-lethal force.
It took two years for Stella Liebeck’s injury to heal completely. Stella Liebeck sued McDonalds for the damages. The case was tried in The Second Judicial District Court in Bernalillo county. The two main issue at the trial was of the temperature of the coffee served at McDonalds was not the normal that is usually brewed at home, instead it was striking 180 to 190 Fahrenheit.
Here, in this particular study, the behavior of gang involvement is explained to have an impact on the entire life course of an individual. What is the research question in this article? The research question in this article is what impact gang involvement that happens in adolescence, has on the adult life chances and adult criminal behavior of individuals.
Adam took what seemed outdated in trade and commerce then used public policy and his wisdom to re-state all these facts into complete, fresh, and new principles that people use fruitfully centuries later (Smith, 2010).
This means that the magnitude of some of them depends on what the offender did, and how they did it. The law enforcement agencies protect people of whichever part of the country they represent. However, what happens when the same people supposed to be protected do not seem to understand the purpose of a law enforcement agency?
When the Parliament Acts of 1949 was enacted, it served to amend the Parliament Acts of 1911, by reducing the duration the House Lords could delay Bills from two years to one-year period. 3 The two acts are important legislations, in that they limited the powers and the privileges wielded by the House of Lords, and sought to give the common person more powers through the empowerment of the House of Commons.
Covered in commercial laws are subjects and concepts such as merchant shipping, bills of exchange and partnership, principal, agent and insurance. Commercial law thus regulates commercial contracts, sales of products and hiring practices among other aspects of business.
This thesis was largely based on the assumptions of the philosophy of legal positivism which argues that the validity of the legal processes is always a function of the particular social systems that regulate the behavior of the members of the society. In Hart’s view, all societies have their unique legal systems which have their own criteria of judging the legal validity as well as provisions of adjudicating and changing the law to achieve justice.
WHERE THERE IS AN INVASION OF PRIVACY BY THE MEDIA, AN ACTION IN TORT IS REALLY ONLY AN OPTION FOR THE WEALTHY. CRITICALLY DISCUSS. Over the years, application of tort law relating to privacy in the UK has proved to be confusing despite the law being fairly simple.
One of the key factors is the government related legislative policies and other laws, which will influence the organization while selecting the entry mode. Selecting an optimum entry mode and aptly formulating the initial establishment process is half a battle won.1 This being the case, Atlantic Oil while entering Polenskya is planning to go for the production sharing agreement.
Product liability law is a division of tort law which seeks to a cause of action against the product’s manufacturer, seller or designer in situations where a person is injured by the product. Over the years, product liability law has shifted the liability arising from an unsafe product from the consumer towards the seller in order to safeguard the consumer.
Chinese present legal system reveals a number of influences including the Chinese culture and deeply rooted philosophies of classical China such as Confucianism and legalism. Nonetheless, one concept that has attained a great level consensus is the idea of Confucianism that has contributed largely to the development and understanding of the modern China law.
In accordance with the Sixth Amendment, a suspect or defendant only has a right to obtain counselling services when he is being prosecuted for charges levied against him. In the case of Brewer v. Williams, the judge ruled that a suspect is entitled to have an attorney while the proceedings of the case have been started against the suspect.
Andrea can argue out her case and appeal to the reasoning of the court to allow her a forum that will enable her to explain what she meant by the “colored arm”. She can explain that the term “colored” could have been used to denote a type of garment color that had been worn by the thief at her friend's house.
The memo will follow the following steps in its preparation:- analysis of the audience, this is looked at in terms of the priorities and concerns including how important this memo will be to the audience. Secondly, the heading of the memo is written down showing who has written the memo, date and the subject matter addressed.
The act makes it illegal for all public bodies to take any actions or decisions which are in contravention to the European Convention on Human Rights.The only exception to this is Parliament, because it has the legislative capacity in the United Kingdom, and should, therefore, remain sovereign
The author explains that three issues of concern were raised by Epcot Solutions. First and foremost, Epcot claimed that Regus’ lack of professionalism to deal with the faulty air conditioners led to damages that were causes of loss of profits. The second claim was that of the opportunity to make profits being cut down by Regus.
This was after Casey finally admitted she had no idea where her daughter was, although, for the past one month she had been claiming Caylee was with her babysitter, Zenaida Fernandez Gonzalez. This lie was later discovered since Caylee never had a babysitter by that name.
Respecting the individual autonomy, the medical law has presumed that the adults have a capacity or competence to decide for themselves as to whether they consent for the medical treatment or refuse it. Their decision can be made regarding their medical examinations, investigations, procedures and treatments and this decision is responsible and respectful so it must be fulfilled (Hope, p.
Marijuana and Prostitution This paper has been divided into two parts. The first part discusses the legalization of prostitution, and the second part of the paper discusses the legalization of marijuana. Prostitution has been the oldest profession in the world.
Section 1 part 2 of the same act denotes that the statement must be in written form, and an employer can give such kind of a statement in installments. When he does this, he should not take more than two months to dispense all the particulars of the contract to the employee (Cicero and Zetzel, 1999).
The paper will also comprehensively cover the ‘deliberate indifference’ standard. Key words: cruel and unusual; deliberate indifference Cruel and Unusual Punishment In the constitution of the United States, the Eighth Amendment deters the federal government from imposing cruel and unusual punishment for federal crimes.
The respondents (growers) role was to rear chicken based in “Hunter Valley Region.” These chicks were supplied to them by the appellants (Steggles) whose processing plant was at Beresfield. When chicks had grown, they were picked and paid for by appellants.
The model is used to administer police operations in a multifaceted manner, especially in offering accountability for patrol commanders when administering policing actions within their geographical regions. CompStat system comprises five functioning principles of timely and correct intelligence, efficient policies and tactics, speedy deployment of staff and resources, in addition to assessment, monitoring, and re-evaluation (McDonald, 2001).
The analysis will further investigate the factors that qualifies the concept of unconscionability to be vague, and thus not a good law. This ruling effectively puts the law of Equity and Trust in a jeopardized situation, considering that the principle of unconscionability considers the intention of the act, as opposed to the adherence to the provisions of the transfer procedures and rules, a concept that was introduced in the case Lloyds Bank Ltd v Bundy  EWCA, where the ruling observed that where one side to the contract is in a better position to have favorable terms in a contract than the other party mandatory terms can be introduced to justify equality2.
Legislative action on eyewitness error and wrongful conviction.
Undeniably, numerous cases have prompted judges to pass incorrect judgments on defendants due to the absence of adequate information. This is because of poor methods of collecting information and to some extent ignorance on the part of law enforcement officers.
II. Introduction. A. Introduction of the topic of Police Corruption & Violence. B. Introduction of the topic of Correctional Facility Violence. III. Police Corruption & Violence. A. Causes of Police Corruption & Violence. B. Types of Police Corruption & Violence.
Rape is sexual activity involving actual or attempted penetration, including anal, vaginal and oral, of a victim against his or her will, through coercion, physical force or usage of weapons to threaten. Apart from normal insertion of male penis, penetration may be executed by usage of resembling objects or sex toys to generate pleasure for the offender.
raq 37 Conclusion 44 Bibliography 49 Introduction Iraq has one of the world’s largest proven oil and gas reserves. Current estimates of proven oil reserves suggest a potential of 115 billion barrels of crude oil which makes Iraq the world’s third largest oil rich country.
All measures involving state aid are always implemented after it has been approved by the relevant commission. An assessment of the compatibility of state aid is done on the basis of the treaty on the functioning of the European Union. This treaty contains the rules and regulations necessary for the smooth running of the state aid hence minimizing conflicts.
Louisiana State University Hurricane Center had warned of ‘leeve overtopping for west New Orleans (Cooper & Block, 2007). The storm surge was more than 20-feet high and death toll was estimated at 1,836 people. About 80 percent of New Orleans was flooded in water and thousands of citizens were left homeless.
The author states that at the trial, numerous evidence was represented before the court of law. Most of the evidence presented in the court of law firmly advocated that Ms. Johnson was guilty of killing Michael Thomas. In accordance with the case, it can be viewed that Michael Thomas, a 25-year-old man, was killed.
In case , if the danger of an instant death or grave personal injury is so violent to overcome the ordinary powers of human resistance,then, duress is allowed as a defence.1 This research essay will analyse how duress cannot be claimed as a defence to murder as held in R v Howe with decided other case laws on the subject.
According to Lindgren (474), a partnership is made of two or more people who, by consent, have come together with the intention of carrying out business and making profit. What makes the definition of a partnership difficult is the fact that a partnership may even exist even in cases where the partners do not have an express written agreement.
As such, this section of the paper seeks to compare and contrast the traditional view, human relations view and the interactionist view of organizational conflict. According to Verma (1998), the traditional view of organizational conflict “assumes that conflict is bad.” It often leads to poor performance of the organization.
The US legislative history of the act, which is supplemental to the national prohibition Act terms or makes it a misdemeanor for any officer of the US to conduct a search on private dwelling or any other property or building without search warrant, maliciously or with no reasonable doubt.
In recent years, however, the child labour issue has grown into a significant problem in the world. This problem has also grown to more serious proportions with more children being involved in labour and exploitation. The issue of child labour is mostly seen in under developed and developing states, almost reaching alarming proportions.
It notified the employees in early April 2013 and intended to effect the changes starting 1st June 2013. The company served each one of them with a letter titled “Written Statement of Changes to Employment Particulars” and were required to sign and return a copy to the personnel manager acknowledging receipt.
The report will cover the following: the role played by the setting of objectives in auditing; the roles of auditors towards realization of misstatement-free financial statements; the roles of auditors whenever fraud cases are detected; the roles of auditors in handling executive issues of the client company; the roles of auditors in the management of the auditing process.
Student’s name Course name Instructor’s name Date CASE PLAN Facts Amy Whipple is a single parent with a sole responsibility for her four-year-old daughter, Angie. Her boyfriend with whom she had this child left when the child was two years old. Even though she knows where the boyfriend is living, neither Amy nor Angie has had any contact with him for two years.