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The WTO panel report on the Tuna-Dolphin case of 1991 in the United States stressed that a country principally has no permission to impose trade restriction measures on products from another based on the idea that the supplying country adopts environmental preservation laws which are not similar to its laws on conservation and protection of the environment.
Investment procedures are sensitive and witty investors will always evaluate and chose the right equity investment instrument. This ensures business growth and subsequent increased capital base and profitability. In respect to equity investors, there are various options to choose from with preferred shares being the most stable stock.
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Mandatory sentencing leads to retribution. Retribution is founded on the principle that those who harm others should be made to suffer. Offenders deserve a punishment proportional to the harm caused by the offending conduct. Bearing in mind that the aged are vulnerable the proportionality principle should be applied.
Harsh sentences have been meted out to offenders starting from the ancient periods when execution was the sole punishment. There have since then developed more informed means of punishment. These have been affected as a result of wide studies in the field of criminology and sociology in an attempt to understand the victims, and also the nature of crimes.
Sasha meets Vladimir on the 1st of June, and he informs her that the lease amount will be $1,000 per week and the term of the lease 12 months. In addition, Vladimir informs Sasha that she has to pay all the outgoings, including the electricity charges. Sasha draws attention to his advertisement, but Vladimir insists upon these terms.
Human rights are upheld and also protected by treaties, and national, and international laws. The Universal Declaration of Human Rights is the basis of human rights protection in the international system that safeguards human rights. UDHR was adopted in the year 1948 December 10th by the United Nations General Assembly and is celebrated every year as International Human Rights Day.
The new law will improve on efficiency and regulation aspects surrounding corporate operations and subsequent inclusion of effectiveness in the audit process. Effective auditing is critical for ensuring and affirming transparency in a corporate setting. This is a critical aspect within the operations of any given corporate sector.
The Australian Standard Classification of Drugs of Concern (ASCDC) defines drugs as chemical substances whose availability and usage have been regulated by policies or programs that have been put in place, and also the substance has been identified to be of concern by key stakeholders in sectors such as health crime, justice and welfare in the Australian context.
The standards of medical health and treatment in detention camps are not consistent in ensuring total control of diseases. It varies with time and in some cases it may be worse, which raises questions about the ability of the centers to contain diseases. It is important to mention the fact that an effort is made to ensure health standards.
The need to have considered in a contract was stated by Lord Wilberforce in New Zealand Shipping Co. Ltd v AM Satterthwaite & Co. Ltd who stated that for a contract to be enforceable, a few elements including offer, acceptance and consideration must be satisfied and must not be accompanied by vitiating factors.
Russia will not be able to finance or support the rebels in any way, and they will be defeated, and peace restored to the country. Although this is a viable remedy, this does not rule out the fact that Russia may have sympathizers in some parts of the world. They may, therefore, get allies from other parts of the world who will support them.
The employee should be accorded privacy at the time of providing the sample. It is mandatory that the company fulfills all these conditions before any drug test takes place. In my estimation, Sinbad has not fulfilled all these conditions hence the drug test is invalid. For this reason, I would advise Jason not to give his urine sample.
Generally, directors are supposed to ensure good governance as well as serve the company’s best interest rather than their personal interests. This paper presents a case analysis exploring the breaches of directors’ duties or any other potential breaches of the Corporations Act 2001 that arise in the case.
According to Clear, Reisig, and Cole (2015), the basic factor for making such a report is to analyze and find out if the convict will be justly and fairly charged in the sentence anticipated to be given. It is somehow a disadvantage because the report is not legally binding before the court and the judge can rely on his or her understanding.
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The criminal laws of Australia do not possess uniformity, and this extends to the laws about child sexual assault. Under these circumstances, it is indispensable to have in place a system that safeguards young and vulnerable children and adolescents from premature sexual abuse, activity, and exploitation.
The major legislations concerning advertisements are The Competition Act and Federal Trade Commission Act. The Acts offers different laws that are applicable to claims that can be made about services and goods. Under those Acts, it is illegal for a trader/advertiser to make deceptive claims about prices, services, or goods (Moore, Maye & Collins 2011).
The criminal appeal processes and rights in Australia have been interpreted as only allowing one appeal process after a conviction has been carried out. It applies to all states and territories. In 2013, the South Australian parliament enacted the Statutes Amendment (Appeals) Act 2013 permitting a statutory right to a second or further appeal.
In 2010, the son of Igor Kharkaroff, Marcus Kharkaroff inherited the empire from his father. Marcus loves life, and he decided to buy many cars that are expensive. In fact, he goes ahead to buy cigars and champagne to fuel his lavish lifestyle. This trend has contributed to his downturn, and he found himself bankrupt after the world economic recession hit everyone.
The above-highlighted case centers mainly on contractual law. Therefore in consideration of the contracts signed, namely the two contracts signed by Marcus and the other two parties, contract law will play a major role in their determination. In Australian contract law, not many remedies are offered in situations where parties are found to have breached contracts that remain a wanting situation.
Generally speaking, in this essay, business laws will be discussed extensively considering the case example given. It will explain the existence of a contract and the procedure of entering into a legal contract and advice clients who are on the verge of being sued or suing another person or an organization.
Marcus Karkharoff had two ships that he decided to sell. On October 1st, he signed a contract with Luiggi’s shipping company for the sale of the Moskva for a price of $15 million, and the amount was transferred to Marcus' account the same day. However, all people involved did not know that Moskva had caught fire a few days earlier, suffered irreparable damage, and then sunk.
The case of clients who come to seek advice about different issues arising from business activities undertaken by the client will be covered exclusively in this essay. They will be provided with ways of seeking justice, as far as legal business activities are concerned, in a tribunal. In the case of contracts, they have to be fully legal and contain relevant evidence for the existence of the contract.
The case of Lord Macnaghten, Salomon v Salomon & Co Ltd, highlighted some of the important issues with regard to the relationship between a company and its owner. Legally it was determined that a company is a separate entity from the owner. This means that a company has a dual nature as dulia nature both as an association of its members and a person separate from its members.
This legal essay advises Marcus Karkharoff who signed a sale contract with Luiggi’s Shipping Company, in which the latter party purchased the ship called Moskva at a price of $15 million, an amount Marcus received on the same day of signing the contract. However, Moskva had been sunken some days earlier after catching fire and suffering irreparable damage, a fact unbeknown to both Marcus and Luiggi’s Shipping Company.
The federal constitution dictates the creation of the institutions of the state government. The federal constitution does not establish an absolute autonomy for the state to act autonomously. As a result, an obvious framework for the excise of the state powers lacks, leading to a scenario whereby the central government dominates nearly all the state’s aspects.
The Australian electorate has continuously rejected any proposal aimed at increasing the commonwealth government’s powers and authority through a constitutional amendment. This is because there is a perception that even with the current powers and authority, the Commonwealth government has tended to monopolize access to Australia’s primary sources of revenue.
Estimates by the Commonwealth of Australia indicate that federalism has ensured fiscal decentralization, which delivers benefits of $2,426 per capita, compared to the average fiscal position of the unitary states. However, reforming the federal fiscal decentralization structures is likely to increase the benefits by an additional annualized $2,925 per capita.
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The failure to clean the ship's engine is a product of negligence on the carrier’s part. The carrier failed to ensure the seaworthiness of his vessel and also allowed an unseaworthy vessel to take the voyage. For this reason, the carrier violated legal provisions on the seaworthiness of vessels (Hague-Visby Rules, Australian Navigation Act 2012 s 108 and s109).
Negligence is defined as the failure to use reasonable care in a professional practice. This is especially judged when negligence of this type is the cause of damage to the person. In this case, the court will judge whether the negligence that is proven is the root cause of damage that is experienced by the complainant.
Commercial law also referred to as business law, is a division of law that involves the rights, relations and conducts of individuals and businesses involved in commercial activities, trade, sales, and merchandizing (Crane & Matten,2010). It is normally considered civil law and deals with both public law and private law issues.
In this case, it is advisable for the couple to take a legal step to seek justice and sue the bliss island resort. According to Lewis, B. (2014), when a firm creates an advertisement or brochure, and there are clients interested in those services advertised. The business will be liable for any breach of contract or agreement between the two parties involved.
An example of a business structure available is a general partnership. This is a business structure where two or more people are involved in a proprietorship in a business. The partners agree on the amount of money to be contributed, labor, and skill requirements of the business (Matthew, Granziera, and Smith 2011).
This paper discusses misleading contact in trade and commerce, and the operation of exclusion clauses in Australian business contracts. The paper analyzes the elements one needs to prove in order to be successful in a misleading conduct action against a business. It also discusses the elements that need to be present for an exemption clause to be accepted into a contract.
As everyone would attest, life is full of incidents and events in which one’s reasonable judgment is called into play. With each decision comes ethical and legal liability. In the case of 69-year-old Bruce, the facts of the case are quite simple. He is an adult who continuously and defiantly refused to seek medical intervention for his condition.
This is a discussion of fraudulent misrepresentation as well as misleading and deceptive conduct. The Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Australian Consumer Law) sets out various provisions regards what constitutes misleading and deceptive conduct as well as the available remedies and defenses available to parties in an action for breach of the provisions set therein.
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Public opinion is found to be heavily influenced by the media (Gelb, 2006). The specific type is that criminal activities carried out by young people are deemed to be newsworthy and evoke feelings of retribution and anger in the people’s minds (Green, 2006). These feelings among people contribute to public perception of harsher youth justice measures.
In Australia, businesses are supposed to conduct their activities in accordance with the law. The brochures for Bliss Island indicated that the facilities that were being provided were of high quality. It indicated that it offers the best reef diving than anywhere in the world. It also highlighted that the finest food is offered.
This case is about a mechanic by the name of Oscar who makes an offer to loyal clients and later on withdraws the offer after looking at the cost of the offer. In addition, Oscar’s garage is spread with tools and metal all over, however, inside the garage, there is a sign that reads, ‘owners liability at own risk, please do not enter’, meaning that any accident that occurs in the garage would not be the liability of the owner.
By looking at the events that unfold in the case study, it is clear that Anna and Julian are entangled in an exploitative business situation with Bliss Island. For the record, Bliss Island resort fails to honor the provision of quality services that are advertised in the resort’s brochure. These services include reef diving, delicious cakes, and a tropical experience, among other services.
The couple, Julian and Anna, expected to enjoy their 20th wedding anniversary to the fullest. To do this, they booked in at Bliss Island resort based on the information in a brochure about the island as well as advice from the person who ran the resort. However, they went home very upset and dissatisfied and sought legal advice on what they should do.
This essay advises Julian and Anna who booked in Bliss Island resort with the hope of enjoying their 20th wedding anniversary to the fullest, only to go back home very upset and seeking advice on what to do. In doing so, the essay will first discuss the indispensable elements required to establish legal grounds for compensation to a party in a mutual contract, before giving the requisite legal advice based on their scenario.
I was excited to know that there is an available job opportunity that befits my competencies and aspirations in the Department of Corrective Services. For this reason, I hereby submit my application for community corrections officer (Ref No. 011550). I am a holder of a Bachelor's degree in Criminology and Criminal Justice and a Certificate III in Corrections Practice that complements my extensive correctional experience.
This case lays on the fact that Julian and Anna experienced a failed 20th wedding anniversary. The issue began when they planned to go on a holiday together to Bliss Island which is a small, exclusive tropical island in the Whitsundays Queensland. However, the impression that they were given about the island was very different from what they found on the ground.
A contract that is not under seal, is not binding in Australia. Such a contract is rendered binding only when the promisee provides consideration for the promise, or when the party claiming the absence of consideration is estopped from such claim. The emphasis, for this requirement, is upon consideration and not estoppel or seal.
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A young offender is defined as a young person who in many countries and states is legally treated differently from adult criminals and is usually tried in a special youth court. Crime by young offenders is dealt with under the juvenile justice system (Richards 2009). In various countries, the age at which criminal responsibility starts is ten years.
The Judicial Compensation Clause Article III, Section 1 prohibits the reduction of the compensation of a judge during their tenure. The clause aims at protecting the judges from the intimidation of salary reduction. This offers them protection when giving unpopular judgments that may stir controversy such as the death penalty.
According to Perth Now (2008), Western Australia introduced the nation’s first-ever “one punch laws”, which are aimed at impacting tough sentences for any level of assault that results in death. This law was prompted by a given number of cases whereby the accused got acquitted of manslaughter charges since it could not be ascertained that the deaths were reasonably foreseeable at the time when the assault happened.
The Ministry of Environment considers the reports and assesses the ability of the management arrangements to manage the fishery in an ecologically sustainable manner. The outcomes of the assessment must be included in the management plan or arrangements for each fishery. All exporting fisheries have received accreditation under the EPBC Act (AFMA 2006).
Apollo and Rocky breached their director’s duties by violating the statutory and common law duties that are vested in company directors. Under common law, company directors have various duties including; contractual duties, in that, they have a duty of care which is implied during their performance of their duties.
The concept of equality and its principles has been used as a turning point and a point of reference for scholars and activists to base their arguments when advocating for constitutional reforms and various national and international legal standards. The ideas of formal equality have been used primarily in promoting social justice laws and social policy.