Law Essays

In the case of Mr. F and Mr. L, the former is in an advantageous position. In his case, there is a clause in the lease agreement which has clearly elaborated that if the landlord wishes; he can actually demolish or reconstruct certain portions of the building. But he cannot do it without serving a written notice first.

Sam’s blockage of Paula’s transfer citing issues of potential fetus harm from chemicals would apply to any female in the organization with the ability to reproduce. It is likely that OSHA laws have already been abided by in this area, or they would have to change their processes or simply prevent all female workers from being in this area.

If the resolution is successfully passed and approved by the registrar, then, later on, be considered as the new name for the company, Edwardo is not left without remedy too. He may allege that the change is not done in accordance with the provision of the act as well as with the articles of the company—thus invalid and void.

The victims of Kent were persons who were subordinate to him, and there is no history of his sexually assaulting strangers. In the circumstances, Kent’s numeric risk level is moderate i.e. level two, thereby indicating that he may continue to engage in criminal sexual conduct (Texas Department of Public Safety).

It is evidently clear from the discussion that procedural justice demands that there should be fair, just and transparent procedures in place in order to deal with such issues, the procedures should be the same for everyone and that these procedures should be followed in an objective manner when deciding an employee’s case

The bank may claim that Roughton’s extra bonus was a mistake, Roughton can use the argument that he was entitled to the bonus since his contract guarantees him that (Wynn-Evans, 2007). In any case, he was still under the bank’s employment when he got the bonus, which had been promised to him through a formal letter.

The Act explains the general responsibilities of employers, suppliers, persons controlling work premises, persons who manage and maintain workplaces, contractors, and employees. Enforcement of this Act is supposed to be the responsibility of the Health and Safety Executive (PCS, 2010). The executive appoints inspectors detailing their powers formally.

GP Dr. Jane Smith and the other doctors – the A & E doctor and the Consultant. The GP needs to be seen so as to ascertain the exact nature of the injury, the approximate time that it would take to recover and the long-term effects of the injury on Mr. Stephen Jones . The employers must be consulted so as to ascertain the exact amount of lost wages.  

Apparently, Lord Hoffman had engendered a novel form of interest, namely a non-proprietary lease. In common and legal parlance, a lease constitutes a proprietary interest or a legal estate in the land; whereas, a license is nothing more than a personal right (Royle, 2003, p.114). Thus, the entity created by Lord Hoffman is an incongruity.

A loan shark is an individual or a group of persons that give out unsecured loans at high-interest rates that are usually illegal (Albanese, 2010). Failure to meet repayment agreements results in the loan shark utilizing unconventional means to recover the money. Some of the strategies include threatening, intimidation, assault, and public embarrassment.

He was convicted of armed burglary and attempted armed robbery by the trial court. He received a 12-month sentence and was released on completion of awarded sentence. In another crime, which was committed after 6 months, he was trialed by the Florida State Court on account of armed home burglary for which he received life imprisonment without parole.

A tort can transpire, if a person who owes another a duty of care under the law, does not fulfill the duty. As such, every individual is under a duty of care towards others to employ reasonable care, in order to circumvent causing injury to them or their possessions (Judicial Education Center, 2013).

The paper “The Principle of Law, and Terms of Contract, Four-Step Approach in Legal Problem of Chicken Galore” is a fascinating example of a case study on the law. In the world of international laws and business, many directors and businessmen have to face and or deal with transactions and contracts most of the time.

Goliath Plc used to settle customers’ claims for all sums beyond the hire charge, but after including the beware sign, it is no longer doing so. Before hiring the film, it is necessary for customers to seek to know everything associated with the film’s quality, delivery issues and the responsibilities of the consumer and of the seller.  

In the contract, the two parties that are involved have rights and duties that are equivalent and relative to the responsibilities and rights of the other party involved in the contract. It also has to be understood that both parties try to get a fair benefit from the contract, these benefits are not always equivalent in weightage.

The taxable income is of two kinds. It is calculated as ‘ordinary income’ in accordance with ordinary concepts and ‘statutory income’ which is other than ordinary income such as certain capital gains to be specifically included in assessable income. Ordinary income and statutory income are again classified as follows.

Although Mr Irons knew that his product could not deliver the quality service clients expected he continued to extract money from Mrs Golf. “Generally, the plaintiff has no right to damages for any loss suffered as a result of the misrepresentation, although he may obtain a limited form of indemnity.” and was ignorant of factors that affected his business such as the need to register with the Water Board.

Consideration is either a benefit that is conferred on the promisor by the promisee or a detriment to the promisee. It makes a promise legally binding. It constitutes the motive behind the promise made by the promisor. Consideration requires a promise and a promise requires consideration to be valid. Thus, a reciprocal inducement exists between consideration and promise.

The film starts with the murder of Lady and Lord Morley in their car by a black-capped figure. As a result, Inspector Winship and Detective Tart embark on a journey to the deceased’s mansion, with a letter from Lord Morley that directed them to carry out an investigation on the murder (Leitch 2003, pp.192-214). 

Some people argue that Moreno-Ocampo, the ICC prosecutor was justified in charging the president with genocide. Other people suppose that he did not have enough grounds for issuing an arrest warrant. The ICC issued an arrest warrant to Bashir in 2008 but most African countries have denied arresting him.

In this case, it was Hollis who sued Vabu Pty Ltd. Hollis was an ordinary member of the public and he used to work for Team Couriers as a courier and Vabu traded as Crisis Courier in the town.  Vabu Pty Ltd was sued by Hollis in respect of negligence and illegal acts of one of the courier cyclists who acted negligently in his line duty.

Donaghy has got certain rights and there are provisions in the Copyright Act 1968 (ch).to make a claim against Parallel World Enterprises Ltd. and others who have infringed on his rights. Virtual toys, cars, and clothes are computer programs. These virtual properties are accessed through an access control technological protection measure.

Sam entered into a contract in which he would sell his business and land to Cabinet Makers Pty Ltd (Cabinetmakers) but he removed the kitchen cabinet and mahogany display cabinet from the wall before Bob and Bill took over the premises although Sam had agreed to sell the land and the fixtures to them.

The United States Commercial law is lauded as one of the best and most organized in the world. These laws help streamline the business world ensuring that all activities are carried out with proper reference to the word of law and due diligence (Nowka, 2009). This has ensured that fraudsters and other people who would benefit from those who have worked so hard are not given an opportunity to defraud them.

Generally, in Stevens v Brodribb Sawmilling (1986) 160 CLR 16, Brodribb employed sniggers to fell trees and truck drivers to carry the trees to the sawmill. They used their own trucks, set their own hours of work and were paid in accordance with the volume of timber that they delivered to the sawmill.

Antitrust laws were applied in the U.S. with the prime aim to curb monopoly behavior and unfair competition and thus advocate for a marketplace with fair competing conditions. The antitrust laws were used mainly to regulate the working of the market. Both private businessmen and government officials applied them.

The ruling does not talk of waivers or variations in the terms of a lease though it has to be noted that similar commercial outcomes may be attained by surrender and a waiver or variation of a term of a lease. This verdict is applicable just to the surrender of leases of buildings and land and does not pertain to the surrender of leases that come within the function of Division 4 of Part III of the ITAA 1936.

The colorfulness and beauty of the painting make two have a different perspective of the whole piece of art. Maybe it was because of the lack of adequate information on the real origin of the painting. They all believe that the beautiful painting was a high-quality reproduction of a Picasso original by an unknown and unidentified copyist.

The answer to the law for breach of contract is "damages" or economic compensation. In equity, the answer for law can be defined performance of the agreement or an injunction. Both answers for law award the injured party the "benefit of the bargain" or prospect damages, which are larger than sheer dependence on damages, as in promissory estoppels.

The diverse aspect of the Company Act 2006 in coordination with section 260 encloses a wide cultural evolution from the latter interest of corporations, which were viewed as detrimental to society in relation to the financial crisis. This later changed to success in relation to anything at the shareholder's interest.

The definition of the status of academic misconduct in regard to the University of Monash falls under Statute 4.1 – Discipline. Plagiarism Is Research Misconduct Under The Monash University Statutes part IV and it occurs where an individual presents work for assessment that is not his/hers in order to obtain a benefit that he/she does not deserve.

The decision in International Finance Trust Co Ltd v New South Wales Crime Commission related to the bestowal of powers upon the Supreme Court of a State. These powers were deemed to be capable of damaging the institutional integrity of Supreme Courts. With this ruling, the High Court employed the Kable principle to render State legislation invalid

Mary's natural father was a heavy drinker and a violent man who later left when she was 9. Her stepfather even made things worse as he was abusing her physically and sexually. Sexual abuse is the reason she believes made her elder sister, 18 run away from home when she was 16. Her mother, who goes drinking with her stepfather, neglected them emotionally and physically.

V-soarers are a range of winglet accessories for all kinds of small passenger aircraft that operate in Australia. It includes both propeller and jet engine crafts. The VS accessories are made of special high-tech composite materials that usually improve the fuel efficiency of the aircraft once fitted.

The author of the paper argues in a well-organized manner that the said Dr Benefico, who has since ceased his medical practice seems to take the blame, however on the other hand Bella gives herself a portion of the blame. What are the appropriate remedies for Nessie against Dr. Benefico or the UWS Medical Clinic Pty Limited?

The directors are required to avoid conflicts of interest with the company and disclose circumstances that may lead to such conflicts. Honesty and integrity are also important since shareholders trust the directors with the day-to-day running of the organization and dishonesty would breach such trust.

According to the case, as presented, both Smith and Jones have not fully discharged their duties to Retailer Ltd as part of its directors.  This is from both the ethical view, as per the constitution of the company, and as per the corporations act.  Their misconduct should have been avoided.  Smith is the Chief Executive of Retailer.

The enactment of the Australian Tariff Amendment Act results in dissatisfaction of Australia’s bilateral partners, where they view the imposition of tax and implementation of the policy to be contrary to the international law of trade, specifically as postulated by the General Agreement on Tariffs and Trade (GATT).

Smith is the Chief executive of Retailer Ltd and still owns 10% of the issued shares of Myco Pty Ltd which is a private company run by his wife and brother-in-law. The Board of Retailers is considering tenders by Australian companies for lucrative contracts to supply Retailers with clothing. They had shortlisted three competitive companies and Myco was in this threshold.

As mentioned in question 1 On 16 November 2012, Garry Wong received an amended income tax assessment notice dated 10 November 2012 for the 2011-2012 financial year disallowing a claim for overseas travel expenses of $16,000, he should file for a dispute., as a valid claim and within what time must he lodge his intention to dispute the amended assessment.

Before its collapse, HIH was rated the second-largest insurance company in Australia. As a result, its failure was regarded as the biggest financial collapse in Australian corporate history (Vinten, 2005). The collapse of HIH not only hurt the Australian economy but also affected the country’s social status.

The level of sexual harassment in Australia is at its highest and that is not only a one-off incident but generally impacts negatively on the motivation of employees and the emotional well-being of those working in that organization. Sexual harassment conflicts affect more women than men who have been subjected to one or more forms of sexual harassment than men.

CISG is an acronym for the United Nations Convention on Contracts for the International Sale of Goods (1980). According to the Pace Law School Institute of International Commercial Law (2007), the CISG is a legal convention that governs international trade, especially between two different states, with the objectives of promoting international trade and removing legal barriers.

The workers have different roles and job descriptions, and they work under supervisors and managers. Owing to the existence of different powers within the organizational structure, there is a potential chance for workplace conflicts to arise as a result of employees failing to adhere to the boundaries.

The negotiation several years later led to the creation of what came to be known as IAEA or International Atomic Energy Agency. The IAEA came to be known as an organization with dual responsibilities providing help to countries not having nuclear weapons to use nuclear technology for peaceful purposes and monitoring those that had the capability.

The advice should be pegged on provisions as contained in Division 35 of the Income Tax Assessment Act 1997 (herein refers to as ITAA 1997). Based on this provision, Roger Raymond is restricted from offsetting losses that emanate from activities that are not commercial and are against other income (as a barrister).

The world is always fascinated by the cruelty and horror of killings. Fictional individuals such as Michael Myers have been amusing moviegoers; and while these interesting movies continue to circle and crimes in them far-fetched, it will be absurd to imagine that such criminal activities can be a reality.

In the past decade, the legislatures in Australia have been working hard to come up with improvements in the regulations and rules and other policies that are aimed at protecting workers from suffering work-related accidents and injuries (Queensland, 2014). However, the current trend still indicates that individuals are still exposed to dangerous situations at their workplaces; this can result in dire ramifications.

The purchaser will embed the equipment in his or her business. Therefore, the computers and other materials will permanently rest on the land and require permanent installation. The annexed material is real property, and it is installed permanently. It has become an integral part of the building and is designed for use with assets.

Reference is made towards establishing the best arrangement and relationship between Italian Winery and EVOO Bottlers which can strategically position the products of Italian Winery into China market among other potential markets. This comes in the wake of intense challenges concerning underpricing and mixing the product of the company with those of other players making Italian Winery less competitive in the market.