Rape, on the other hand, evolves over time in its definition. Some states defined it as criminal sexual conduct or sexual assault. However, generally, rape is still a crime or offense committed against the will of an individual. The main element of rape includes the use of force or the threat of serious bodily harm.
It is a legally enforceable agreement, of which each party agrees to give and receive something of value called the consideration. To be valid, a contract must have the offer, acceptance, consideration and the intention to create legal relations. To add, it must not be illegal or contain vitiating factors.
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This union, previously known as and is still often referred to as the European Community, is an intergovernmental organization established through a number of treaties. These treaties include among others the European Coal and Steel Community established in 1851, the European Atomic Energy Commission or Euratom established in 1957, the Treaty of Rome that led to the institution of the European Economic Community in 1957, the Single European Act of 1987, and the Treaty of European Union also called the Maastricht Treaty, which founded the European Union in 1993.
The claimant was by law not required to prove any actual injury incurred by him/her on the account of the battery. One only needs to show that there was contact with some degree of negligence. Offensive contact occurs when is when the physical contact is minimal referring to the psychological disposition of the attacker.
Several issues are between Ford and its consumers. It would make much difference if Ford had decided that the $11 be passed on to the customers of the Pinto model. The increment in the costs of the vehicle as a result of the design improvement was estimated at $11, a figure that would not affect the sales if it were added to the vehicle's price.
These bribery fuelled projects has gained Siemens more than $1.1 billion in revenue (Schaffer, Earle and Augusti). In the period between March 2001 and September 2007 about $1.4 billion in about 4,283 payments were shelled out to bribe government officials in exchange for lucrative business deals in different countries which also include high-ranking Iraqi officials who got kickbacks at the expense of the UN.
The prevailing transactions whose extension is beyond member states and even borders require proper harmonization to eliminate rivalry, war and even fraud. The Uniform Commercial Code (UCC) published in 1952 is one of the laws governing commercial transactions and the sale of goods within all the states in the United States of America (Cooper 91).
These laws guide the commercial transactions in Islamic countries. This paper presents, portfolio in Islamic commercial law on two short essays. The first essay covers the history and the development of Islamic commercial law that is inter-related with political will of the state by presenting one case study of South-East Asia region.
The intentional non-disclosure of useful information that eventually causes pain or damage can also be considered as fraud. Fraud can be either deliberate or caused by laxity. Deliberate fraud occurs when a partner to an agreement intentionally fakes the facts (Yu, &Yu, 2011).
Offenses Against the Person Act (OAPA 1861), has been criticized by practitioners since it contains inconsistent and illogical set of rules that clog the court system. The first area which needs urgent reforms is the wording and language of the Act since it lacks concrete definitions of phrases and words used in the laws.
He tries to enter into Germany on the strength of his conviction that he is to find work there as a physiotherapist owing to the shortage of professionals in that line of work in the latter country. He is going into Germany as a person seeking work. The Germans have two objections.
In the year 2008, the Nebraska Supreme Court emphasized that the execution method involving the use of electric chair was a violation of the Nebraska Constitution. Nebraska does not have a death penalty as there is no alternative execution method on the books.
This state law court in its ruling declared the lots valueless and therefore should not be utilised further but rather remain under the state’s watch. An appeal filed against the ruling to the Supreme Court took a different dimension. Regulatory taking, as a legal practice by most governments, has become an avenue employed by various governments to amass wealth and take control of one’s property o entirely an enterprise in the pretext that it is a legal procedure hence legally protected.
Background Food is the core reason why there are food chains all over; from animals to the human beings themselves. Food is essential since it provides individuals with energy that is essential for the body. There are different types of foods all around people (Hutt, 23).
The law illegalizes smoking in public places. As a result of the ban legislation, different premises or places are supposed to flaunt a no smoking display, to inform citizens that smoking is prohibited in that locality or the premises. Some of the premises affected with the veto include offices, bars, factories, shops, hotels, restaurants, casinos, clubs, dance hall, sport centers, petrol stations, and transport system or public vehicles.
It would therefore be advisable to hire an events organizing company that handles all the plans for the event as well as offering consultancy services. Event organizing companies offer the services of handling all the activities related to the event to ensure the event is successful.
Police misconduct is creating problems everywhere in the world. The term “police misconduct” refers to the illegal or unethical actions taken by police officers in connection with their official duties. Even though the primary duty of any police force is to give enough protection to the life and properties of the public, it is not necessary that the police force may be successful always in meeting these primary objectives.
Undertake a critical evaluation of this view. [NAME] [SCHOOL] Introduction The present world has been stormed by massive technological breakthroughs that have seen great advancement in the way we communicate. Many communication advancements have been realized and these have led to the turning of the world into a minute global village where the distance is no longer a communication barrier.
The disadvantages that she will be likely to encounter include being personal liable to obligations and debts of the business, suffers losses alone, and business suffers or collapses when the owner is absent or incapacitated (Dore?,2003). Partnership If betty decides to enter a partnership business, the advantages she is likely to get include moral support and creative brainstorming from the partners of the business, ability to raise more funds for capital and other expenses, and a combination of complimentary skills and knowledge from other partners, which is essential for business growth and development.
These privacy laws are painstaking in the milieu of a personality’s right to privacy or reasonable expectation of privacy (Fass, 1996). These privacy laws differ from one country to another. This report seeks to explore the difference and similarities between the media privacy laws of the United States and the Latin America.
Enlightened Shareholder Value Introduction Enlightened shareholder value is an important aspect of English Company Act 2006.The determination of the goals of a big traded company brings to fore two main concepts that are applicable in various commonwealth jurisdictions: the ides of the value of the shareholders, and the value for the stakeholders.
Commercial leases remain mainly drafted by, and to the advantage of landlords; hence, tenants should take significant care in entering into such leases. Majority of the commercial leases is of a certain form detailing a Full Repairing and Insuring Lease (FRI).
He was quite charismatic in nature for which the victims easily got trapped under him. He was able to perform such hideous crimes as he possessed the ability to lure his female victims into his trap. Most hideous crimes that reflected from his part were the serial killing of the female victims in the most inhuman and torturous manner.
Name Instructor’s Name Law 8 October 2013 Why it is Important for those in the Criminal Justice Field to have Good Character Introduction The professionals in the criminal justice field have always been under public scrutiny for their performance and the way they execute their roles.
In order to protect the targeted groups, it is paramount that measures to curb activities of such websites are introduced. Enactment and enforcement of laws that will end propagation of hate speech transmitted through the internet should be welcomed by all instead of facing opposition from some people as it will assure the group.
As an increasingly inter-connected society is threatened from all fronts, it is important to understand who Al Qaeda is and what their aims and objectives appear to be. The group itself was founded by the now deceased Osama bin Laden way back in the late 1980s.
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Both boys had stab injuries inflicted by a knife taken from Darlie’s kitchen. The weapon could not be traced. Darlie had her throat slashed and many stab wounds on her body. She survived after an emergency hospital surgery. The case investigations lead to the arrest of Darlie after 12 days and within seven months she was convicted of killing hers sons.
Nobody benefits from an accused person being sentenced to a crime that they simply did not commit. The victim of the actual crime loses. Society loses faith in the system. The guilty are left free in the community to commit more crimes; while the innocent lose what shred of freedom they had on the outside.
In the developed countries, corporate governance mechanisms are better and function independently. In the developing countries however, the corporate governance system is wanting. The institutions mandated to carry out corporate governance roles are in most cases affected by external factors for example wealthy people and the government.
The contracts have provisions that govern the interaction between the buyer and the seller so as to facilitate a smooth transition of the goods and the risks factors that may affect the transaction.1 As pointed out in the ruling of Stock v Inglis, FOB simply means that the seller is to deliver the goods to the buyer at a designated port and load those goods into a designated vessel as instructed by the buyer.2 The ‘free’ part signifies that the cost of delivery to the designated loading point is to be incurred by the seller.
Some of the LLC companies in Qatar include Qatar Holding LLC, United Gulf Financial Services Company LLC, Global Investment House (Qatar) LLC, PricewaterhouseCoopers - Qatar LLC, McNair Chambers LLC, etc. (Qatar Financial Centre Authority, 2013). A limited liability company is an organisation that is formed under the state law which shields the owners/members of the organisation as well as the management from personal liabilities arising from debt or liabilities of the company (Martin, 2010).
This essay shall also provide legal advice on the course of action Freegames may take against each party and its desire to recover the domain name freepcgames.co.uk. A critical analysis of the case will also be provided to present a balance view of the merits of each case.
HUMAN RIGHTS LAW RESEARCH: ADDRESSING HUMAN RIGHTS ABUSES IN POST GADDAFI LIBYA Question 1 A: Legal Alternatives to a TRC in Seeking Justice Human Rights Abuses The 2011 Libyan revolution was a form of armed conflict that occurred between 15 February 2011 and 23 October 2011.
Paris approaches Peter and says that she’d like to buy the vacuum. Peter explains that the vacuum cleaner is not for sale as it is a display model on loan from the manufacturer. Paris gets very angry and tells Peter that she will sue Everyday Electrics if he refuses to sell the vacuum cleaner to her. Since his business is doing so well, Peter decides to sell his Ford Fiesta and invest in a new car.
rimp.3 Since Nigeria together with Somali have documented the most serious and frequent incidents of piracy in more recent times4, this research study focuses on Nigeria. This research study analyses why piracy along Nigeria’s coastal waters is so prevalent.
Introduction Although international human rights emphasis the significance of gender equality, a number of state violations of sexuality-based equalities are justified on the basis of religious beliefs and practices.1 The fact is, many sexuality-based human rights are typically violated as a result of religious or cultural beliefs, norms and practices.2 Even so, state policy and practices have demonstrated that equality based on sexuality is not compatible with religious freedom.3 British case-law in particular reflects a practice in which sexuality based equality rights will not be forced on religions.
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.
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.