Law Essays

It is quite essential to state that there are two breaches of contracts and misrepresentation for the scenario provided. First, Mr. Iron entered into a contract with Mrs. Golf with a promise to clean 2000 golf balls in 10 minutes using his product, which subsequently did not yield the expected results.

A copyright act attempts to provide an author or the owner with a set of intellectual property claims with exclusive claims within a particular period in time with respect to the work that he has produced. These rights include the rights of distribution, adaptation and reproduction. After the particular time period has elapsed, the work enters the public domain.

Generally, it is essential to state that the terms transnational corporate crime and cross-border crime bring about inexpressible worries. These words reflect a strong and elusive hazard, a kind of approaching hazard that lingers in nations resulting in an addition to its vicious potential character.

Article three of the United States Constitution gives several provisions that revolve around the judicial wing of the federal government. This section of the constitution provides that judges can hold their offices during good behavior unless they were appointed in the course of the Senate recess. “Good behavior” in this case implies that judges can be in office for the rest of their lives unless they wish to voluntarily retire or resign.

Generally speaking, domestic violence that targets women is increasing on a daily basis and is now considered a major problem throughout the world. This problem can only be eradicated throughout the world by taking implementing measures to provide security and enhances the lives of women in the world.

Theft at the workplace is very common in most business organizations. It at times starts with the top management way back to its employees. Thought alone is however not a crime.  For one to be deemed to have committed a crime of theft he/she needs to have the mens-rea “animus furandi” meaning fraudulent and actus-reus of taking.

Generally speaking, domestic abuse occurs when one partner tries to control or dominate the other partner.  People use domestic violence in order to gain and retain full control over their partners.  Domestic violence does not discriminate. It occurs among same-sex partnerships and heterosexual couples. 

The purpose of Article 9 since its inception has been to bring together business transactions under one law in all states of the USA and to limit legal formalities in interstate trade and commerce. The first item in the list of collateral offered by Massive Dynamic to ONB is a 10-acre piece of land in Arizona used for conducting safety tests.

The normal survival of humankind assumes many forms, and living in this world where survival of the fittest is the normal formula the different races have established various mechanisms. The most adapted method is business ranging from the small ones to the big ones, like the companies and the corporate, and being always uncertain about the future security must be kept always to prevent collapse.

Cybersecurity is the most recent and most distinctive national security matter to capture the twenty-first century.  Cyber warfare makes use of computer technologies as an offensive or defensive weapon to be utilized in international relations. A treaty is a form of consensus that is drawn between countries that are binding at the international law level.

The case is dealing with Unconscionability, under the Law of Contract, where one party takes advantage of an innocent party and the innocent party is not able to make an informed decision that would be in his own interests. The Amadios undertook the responsibility of guarantying their son's loan to the Bank by providing a mortgage over a property.

The Convention on Contracts for the International Sale of Goods (1980) (CISG) was developed with a vision to provide a modern, uniform and fair regime for contracts involving the international sale of goods. Hence, the CISG contributes immensely to introducing certainty in commercial exchanges and lowering transaction costs.

Back in 1929, the Air carriage though in its infancy technologically, was subjected by Warsaw Convention, to conform to international laws (Goldhirsch, 1988). The standard form contracts have come to be used in courts for they have provided contract rules and legislation of carriage with a detailed framework.

A discretionary trading trust is typically formed by an action of agreement where a settlor offers an ostensible amount of money as the preliminary capital for the trust and hires a trustee to run the trust. Both the individuals and company are competent of acting as trustees however a business trustee is most preferred. 

The validity issue of the arbitration clause contained in a contract is separately treated from the validity issue of the contract itself. Whilst a case may be accepted on the basis of a valid arbitration clause subsumed within a contract, the arbitral tribunal may subsequently render an award that declares the contract itself to be invalid. 

Share market unpredictability among other problems has mostly been a result of none disclosure of debts by different companies. Whenever a person is purchasing shares from a certain entity, he or she needs to know a lot about the particular entity, particularly how it is fairing in the capital market.

Corporate governance defines a set of systems applied in directing and controlling companies or listed entities. In a narrow sense, however, it defines the rule and regulations used in governing capital markets in relation to public disclosure of accounting or investments in listed entities (Anon, n.d.).

The individuals’ efforts from all spheres of life need to be appreciated and supported as well as the services and the various institutions within the particular community offer. To conceptualize this point, social capital comprises trust and reciprocity among groups in terms of the values and norms that foster peace and cooperation.

The corporate act outlines laws that govern the formation and operation of different forms of business including partnerships, trusts, incorporated associations, co-operatives, and companies. As such, the formation and operation of either of these businesses must meet a set of requirements outlined under the law.

Changez’s purpose for developing into a fundamentalist is despicable. He incorrectly decreases the modern-day political context to be two-sided- that he could opt to continue with his job in New York and hence show support to the US, or ditch America and go back to Pakistan.  Based on real-life events, these were not the only available options for a Pakistani and a Muslim following the happening of 9/11.

The paper "The Concepts of Law and How Business Law Is Being Applied in Business" is a perfect example of a law assignment. The kind of business that is practised in this case study is a partnership. Batty, Chan and Co in the form of business that was formed by two individuals who had mutual interest.

Consumer law known as Deceptive Trade Practices-Consumer Protection Act (DTPA) was introduced. The DTPA contains a list of practices that are considered deceptive and unfair to consumers; this list is known as the ‘laundry list’. Casey’s case can be categorized under the DTPA since the act of buying the house was conducted in Texas and the case involved a violation of the DTPA law.

The provision of private health care has in the recent past become a big business not only in the US but also in other developed countries of the world. This is majorly due to the inefficiencies of the National Health System. Consequently, the provision of private health care has experienced an influx of small entrepreneurs and also major providers of private health care who have seen an opportunity to expand their operations.

Antitrust law is a combination of competition laws that prohibits some practices perceived to harm businesses or consumers or both, or in general to breach standards of ethical behavior. Multi-firm conduct tends to be seen as more likely than single-firm conduct to have an unequivocally negative effect.

Although it is not a legal requirement, each contract should contain other provisions called the “boilerplate” or miscellaneous provisions. The arbitration clause is one of these provisions and it gives allowances so that disputes are solved by an independent arbitrator.  If there is a dispute among the parties of the contract, this clause requires that the dispute be settled by binding arbitration and not litigation.

A floating charge is a security mortgage that has an underlying group of assets or assets that is subject to change in quantity and value. Corporations using floating charges still are able to use the underlying asset normally. It is only when the company fails to repay the loan and or goes to liquidation that the floating charge becomes frozen into a fixed charge.

“There is nothing which so generally strikes the imagination and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man claims and exercise over the external things of the world, in total exclusion of the right of any other individual in the universe.” (Blackstone Commentaries on the Law of England) (CB 37).

The issue at hand is equity trust (Bell, 2003). When Ramon Harding made an agreement with his wife, Alysha Harding on 15th November 1985, they entered into a contract.  The proof and evidence of this contract was the separation deed that recorded their mutual agreement to live apart from each other.

Saudi Arabia is a party to the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. This convention promotes cooperation among parties to enable them to address more effectively various aspects of illicit traffic in narcotic drugs and psychotropic substances that have an international character.

For many years merchants and manufacturers use trademarks to denote the origin of products or services that are supplied to the market. A manufacturer uses a trademark to show the origin or ownership of products in order to differentiate them from similar products that may be available in the market (Dannay, 1987).

I agree with this view. The United States' legal system has three distinctive features. Basically, the constitution of the U.S. provides for a state of law, a democracy that forms the foundation of individual rights. The Constitution also gives room to enforce these rights. The United States' separation of powers differentiates the government from more convectional parliamentary structures.

International Business Transactions encompass various issues that vary from imposed tariffs, financial issues, varying markets, legal frameworks and company structures among many other issues. This particular paper, therefore, seeks to provide an analysis of two case studies that raise a variety of issues concerning international business transactions.

In the past, organizations supported discrimination and inequity against the Indigenous people in Australia, women, and the youth. Strachan, Burgess, and Henderson (2010, p. 1) state that contemporary society has incorporated policies that strictly support the removal of race, gender, age and cultural discrimination by changing the social attitudes of the workforce.

A statute is a written and formal legislative enactment that is aimed at governing the actions of a state, city or county. They are meant to prohibit something, command and or give a direction towards a certain action or duty. It is however vital to note that all statutes are laws but not all laws are statutes.

Most people involved in business promote themselves as ethical, but scratch the surface and their conduct is often less than squeaky clean (Gibson, & Fraser, 2011). There is a view held by business people that Australia's business ethics are in good shape (Gibson, & Fraser, 2011). Instances of ethical failure in Australia's large businesses are, they say, rare and exceptional.

The name Hear-Say suggests that communication is two-way and therefore everybody is encouraged to purchase a phone to “Hear” from their callers and then “Say” something in response. Hear-Say Mobile Phone Dealers take the form of sole traders’ type of business structure. A sole trader is the simplest of all types of business-structure.

The term international business transactions refer to the ability of different countries to engage in trade relations regardless of their geographical locations. This is arguably a result of progress in information technology that paves the way for globalization. In light of this, investors are able to engage in business activities across diverse countries.

A Possessory lien has priority over mortgages and accruing maritime liens, while a maritime lien (The Tolten [1946] P 135) is a privileged and secured claim against a ship in respect of services provided and gives rise to a right in rem against the thing (Admiralty Act 1988). This makes a maritime lien a substantive right in the property derived from general maritime law (Nell, 2009).

Part 1 will illustrate how well you can express yourself in an analytical way. Part 1 assesses the learning skills associated with the module. You should have completed the module Time Out activities before attempting this assignment. You must demonstrate your ability to address the legislative and procedural issues relating to the management of the incident and management of the scene.

There has been increased trade between Australia and New Zealand in terms of volume and value in recent times. Although the significance of each country’s trade accounts to the other is different in this time when CER has been in effect. An increase in merchandise exports from Australia to New Zealand in the wake of the CER introduction, although this has since decreased to 3% is illustrated.

A contract for the sale of goods can be defined through articles 30 and 53 of the CISG. The former states that: The seller must deliver the goods, hand over any documents relating to them, and transfer the property in the goods, as required by the contract and this Convention.’ While article 53 states that: ‘The buyer must pay the price for the goods and take delivery of them as required.’

In the Schmidberger C-112/00 case, Brenner motorway was closed so as to permit a protest against the intensity of contamination to the Alps whose source was the intense traffic on the highway. This closure had been approved by the Austrian government. Schmidberger Transportation Company later claimed that it could not ship goods because it could not access the highway.

The aggregate annual turnover of $2,643, 557 is obtained in the financial year 2011-2012, Bill Smith is a sole trader, aged 66 years, and seeks to claim for CGT small business concessions, but this would be dependent on whether he meets that requirement to qualify for a CGT small business concessions.

Peter Gow has advised the Board of Directors that they should sell the fund’s 1 million shares in BHP which will result in a profit of $12 million for the company. The Board agrees and on 14 May 2012, the shares are sold. Peter also notices that the 4 million Telstra shares have not performed as well as expected and that they currently show a loss to the group of $16 million.

International arbitration is a widely adopted meth settle disputes that arise mainly in commercial agreements. International arbitration is a complex process that has to be undertaken in line with the stipulations of the international legal framework. This is because there are a lot of details that should be put into consideration once International arbitration is put in place.

The main question by legal scholars and academicians is whether there is a high chance or possibility to have objective expert evidence adduced in a court of law. This is why in most cases, expert witnesses commonly known as “hired guns” use their expertise and knowledge to enable the highest bidder to win a case (Andrew, 2003).

A contract is said to exist when there is an offer and acceptance. By definition, the parties to the contract become obliged to discharge their obligations to the contract after indicating their acceptance of the terms and conditions of the contract. A contract is made enforceable by the terms which are binding to the parties.

The matter touches on foreign issues and laws. According to Rule 5.05 (a), of Texas Rules Disciplinary Rules of Professional Conduct, it is prohibited to opine on foreign laws to a client. Following this restriction, the law firm is unable to advise the company on the steps that it should take in order to incorporate the firm in Australia and New Zealand.

It is universally accepted that goods and services are sold, bought and moved to a contract while at the same time, employees are also hired because of a contract (Appleman Appleman and Holmes 2015 33). In simple terms, contracts represent the foundation of most activities that revolve around commercial business.

Informal social support provides moral, physical, and social support (Neukrug, 2012). A network of support from friends, neighbors, and family members is preferable to Skyla the support of her few friends who mislead her and engage in drug abuse. This support will also put an end to the risk factor of lack of parental supervision.