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Chen and Lin had an agreement. Their initial agreement fulfilled all the requirements of a valid contract (Keenan 70). The information offered in an offer by Elena was misleading. It had a serious false statement. Chen signed a contract that gave his consent to pay for the damage in case of any damages caused to the car.
Businesses transacting online can rest assured of the validity of the Commercial Electronic Arbitration in that, the regulations which govern the process are the same as the traditional arbitration regulations. The fundamental nature of electronic arbitration and the traditional method of arbitration differ only in the procedural phase.
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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).
For any business or organization to be successful, it must create a safe running environment to retain its employees and increase the company’s productivity. It’s an expensive process of installing the safety equipment and implementing the safety practices but there can be severe effects if the actions are not taken.
In this case study, the main aspect of a legal perspective is a misrepresentation of fact under common law. This is evident since the director of HappyHippie Pty Ltd, Mr. Elvis Eggplant knew that the financial figures were inflated by 60%. The sole purpose was to induce and convince Mr. Manfredi to purchase the vegetarian café.
In reference to the provided case involving the transaction between Roland and Belle, G Shepherd and Co, David from Pitt and Bull solicitors and Basil the assessor, four key legal issues are evident. Firstly, this case raises the question of whether there is any legally binding arrangement between Roland and Belle and their real estate agent, solicitor and assessor, particularly in relation to the asbestos insulation.
A partnership is not a separate legal entity like that of a company and therefore the individual partners are bound by the other partners and by the partnership agreement whether written or implied. In the case of Hitchins v Hitchinsthe court stated that a partnership cannot exist if it fails to meet the definition under section 1(1) of the Partnership Act 1892 that is the partners in this case were not carrying on a business in common.
The argument brought by the Solicitor-General on behalf of the appellants was that there was an error made by North J asserting that the executive power bestowed on Commonwealth neither authorized nor supported the expulsion from Australia, people rescued by the M V Tampa, and subsequent detention. Individuals detained by M V Tampa were not relevantly done so.
The novelist Joyce Cary once used the image of the mosquito as a stimulus to society: Progress isn't done by governments or spirits but by chaps... What keeps it moving is not a big public shoving its little foot forward, but a little mosquito biting a big public behind. If you left the world to itself, it would die of fatty degeneration in about six weeks.
The expression ‘lifting the corporate veil’ in corporate law refers to the courts overlooking the doctrine of the separate legal entities of that of the company (Bainbridge, 2001). The separate legal entity doctrine having been established in the case of Salomon v Salomon & Co Ltd [1897] AC 22, this law consequently applies in Australia.
The sale of land on the 1st of July 2010 was purchased 25 years earlier in New South Wales (NSW). The land was acquired before 20th September 1985 hence it is not subject to capital gain tax. The proceeds from the sale of the land are the realization of a capital asset, this amount is not assessable as income under the Income Tax Assessment Act 1997 (ITAA97) section 6-5
There exist various murder investigations have been controversial. The investigative processes need to be very clear and professional in the way it is handled. A careful and intelligent examination of the scene of crime followed by thorough investigations must be effected. This includes the investigator’s professional and medical evacuation of various pieces and bits of evidence.
Conflict coaching provides a safe environment that enables an individual to share his situations and perspectives without any fear or threats. Conflict coaching is on the other hand a resourceful mechanism that integrates the fields of conflict management and coaching to help individuals to improve their conflict management skills and understanding of conflicts.
The codification of international law has not been easy especially when it comes to states agreeing on which kinds of norms should be included in a convention or treaty. Article 53 of the Vienna Convention on the Laws of Treaties 1969 states that a treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law”.
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The quality of any service is an important thing in the service industry (Williams, Howell and Hricko, 2006). In the electronic banking industry, the safety, and speed of transactions are the most important attributes. Although there are other attributes of such systems, they are the main determinants of the quality of any online system.
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The main objective of this research is to examine how judges rationalize or reason in accordance with their sentencing decisions concerning diverse criminal cases. The research focuses on assessing or evaluating critical factors such as gender differences and political environments as well as social contexts in the sentencing processes for diverse cases.
Drug abuse is considered to be amongst the main factors that lead to the commission of a crime and other related societal vices. This is mainly linked to the individual and social characteristics in the environment that leads a person to abuse drugs. There exists a link between disorder and serious crime and therefore there needs to be a difference in terms of approaching crime-control and disorder strategies.
Most criminal laws regard killing another person as a homicide. Though all forms of homicides are not treated equally based on the misfortune they cause, they should not be leveled when subjecting a person to criminal charges. This is because there are those people who engage in crime purposefully, while it tends to be negligent for others.
This was particularly evident within the European context such as in Balkan states (Gunning, 1989, p.37). The 1951 Refugee Convention was formulated to address these issues (Barnett, 2002, p.238). Later there were realizations that the document was limited in scope and through the 1967 amendment, the protocol gained universal coverage.
In as much, there has been a significant trend concerning the prosecution for psychological injury in recent years. The most significant one regarding the case in which a female employee of Café Vamp at Hawthorn in Melbourne, Ms. Broadie Panlock, committed suicide as a result of relentless bullying by her workers.
The accused facing trial at the ICC currently is Uhuru Kenyatta who are the current Kenyan President (Prosecutor v Uhuru Kenyatta ICC-01/09-02/11-830), William Ruto the current Deputy President, and Joshua Arap Sang (Prosecutor v William Ruto & Joshua Arap Sang). The political powers at play are Uhuru Kenyatta and William Ruto.
The judges were elected and sworn in in 2003; issued arrest warrants on July 2005 and held a pre-trial hearing in 2006. In the international political context, Africa Union or States have argues that ICC only targets Africans. russia has not ratified Rome Statute and countries like Israel, Sudan, and the United States have no obligations.
The case arose out of the following facts. On the 1st of October Buyer saw a van with a FOR SALE sign a telephone number and a price of $25,000 and on that day, the Buyer called the seller explaining that he would get the money next week. The seller agreed to tell the buyer to mail a cheque for $5,000 and the balance paid by 1st November and Buyer did as instructed.
The Planning Act led to the establishment of the Western Australia Planning Commission which has the power a takeover of land and compensation. The government through the minister also has the powers of a takeover under the Act. When a takeover of land is taking place, the issues of compensation usually occur. However, depending on whether the land was reserved or unreserved, the party to be compensated may differ.
Therefore, in 1946, the International Refugee Organization (IRO) was established by the United Nations as its temporary specialized agency. The work of the organization was to repatriate, protect and resettle refugees that its predecessor United Nations Relief and Rehabilitation Administration (UNRRA) failed to achieve (Haddad 2008, p.132).
The highway is proposed to pass through the native grasslands habitat of the striped legless lizard, a listed threatened species at Commonwealth and ACT levels, and two threatened woodland ecological communities. Community environmental groups are concerned that the habitat and ecological communities will be fragmented, degraded, and ultimately destroyed.
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 presidency, the registry, the office of the prosecutor, and the judicial divisions make up the structure of the International Criminal Court. The prosecution and the punishment of major criminals mostly took place here such as those involved in World War II in conjunction with International Military Tribunal (IMT).
The license for the trademark use prohibits Dress Co. from the export of its products out of state D. There is an infringement of the trademark act when the Dress Co. opens up trade by Parallel Co., which supplies its materials back to ClotheCo. Trademark infringement is a breach of the restricted rights attributed to a trademark without the trademark owner authorizing it or any licensees.
The ICC was created so as to harmonize the current national judicial systems and can implement its jurisdiction if the national courts are not able or not ready to scrutinize or act against these crimes. Despite this, there are perceptions that ICC it targeting African countries rather than offering unbiased services to all states.
The court has used creative ways to dispense justice that departs from the plain sense meaning of various provisions of the Treaty on the Functioning of the European Union (TFEU), the Treaty on European Union, and other written provisions. However, the ECJ has on occasion stuck to a narrow interpretation of written provisions.
Land is the most natural resource that works to promote the development and growth of all natural resources. The reason behind this is that land is very well connected with all the other natural resources in such a way that they supplement each other’s productivity. The land's surface and its subsurface promote economic growth as a result of the development of different projects.
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.
Multicultural Disability Advocacy Association of NSW (MDAA) This is advocacy for all people living in New South Wales who have disabilities especially those who come from a culturally and linguistically diverse (Non-English speaking) background. MDAA aims at having a society that includes, welcomes, and supports everybody regardless of their background or disability.
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In this regard, research was commissioned by the Ministry of Youth Development (MYD) about the appropriate use of ‘space’. The report is divided into three sections. The first section will entail the literature review where existing research will be discussed how graffiti is regarded as “out of place”. The second section will entail methodology; in this section newspaper articles on the issues were analyzed as well as online sources.
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The only international global organization that deals with the trade rules among nations is the World Trade Organization commonly referred to as WTO. It comprises WTO Agreements that are discussed as well as approved by the majority of the nations that are the world’s trading and also carry out implementation within their parliaments.
Girls and women, in general, are often at the receiving end of abuse and harassment, whether in real or virtual life. This abuse and harassment may take the form of verbal abuse or even offenses that involve physical injuries. In 2008-2009 alone, the Australian community shelled out an estimated $13.6 billion to cover expenses for crimes against women and their children (AIC 2011).
The geographic location of Australia serves as a good advantage to airline and airport operators since most arrivals into the country are by air. Airlines in Australia are classified as defunct and planned airlines. Civil aviation in Australia is comprised of International airlines, general aviation, and safety, and domestic airlines sectors.
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Various researchers have revealed that the huge population of society relies on media for info regarding crimes, thus they eventually end up forming their opinions regarding the crimes depending on whatever they usually grasp or go through from the broadcasting (for instance Tyler and Cook, O’Connell 1999).
Drug use and crime have been positively related. The drug trafficking cartels have been associated with heinous crimes such as killing, abduction, extortion and blackmailing (Limoncelli, 2009). Countries such as Mexico have been under crime rise due to drug lords who have enriched themselves from the trade.
The obligations of the ship owner include collecting the goods from the sender at the sending port at the agreed time, demanding proper declaration of the content of the goods by the sending party, and finally inspecting the goods to ascertain that the sender’s declaration is correct to avoid carrying of illegal cargo such as drugs.
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Developing countries in the world play host to over 1.02 billion undernourished people according to Food and Agriculture Organisation (2009 estimates). The food crisis experienced in the year 2008 as a result of climate change has necessitated countries to reconsider their historic practices, especially in developing countries.
The paper will discuss the effectiveness of voting in corporate governance. Shareholders decide on the management of a corporation through voting. Votes are about the number of shares held in a company. Prudent corporate governance is significant in the protection of shareholders' interest in a company. Shares represent ordinary shareholders' assets in a company.
A social problem involves a condition that individuals within the social system view as detrimental. Within the Australian context, the media and newspapers are filled with undesirable. Crime in this case is regarded as a consequence of coinciding social concerns. In Australia issues of poverty, unemployment, and teenage delinquency contribute to the rising crime rates.
Generally, there are various social issues that arise in any setting that affects people either negatively or positively. Various explanations and theories could be attached to certain occurrences It may not be the best thing to hear, but the fact is that Australians have a very serious problem with alcohol.
Although a large body of research papers has explored the definition of a social problem, a universal definition of the term is yet to be found. However, some researchers have arrived at a consensus on the criteria for defining a social problem. According to Chang et al. (2002) for a social problem to exist, the public, or a section of the public, must view the condition as a problem.
According to Chang et al. (2002), the term social problem refers to a challenging life situation that calls for an adaptive functioning response, rather than effective functioning that is clearly available to the individuals faced with the situation, due to the occurrence of an obstacle, such as commitment, habit or personal goals.
International law was first developed in Europe back in the 17th century, today; the law is widely used by almost all nations across the world in solving both internal, as well as external conflicts (Australia, 2013, 07). The rules and principles that govern international law are increasingly significant in the functioning of many independent nations including Australia.
Generally, as observed in the Melbourne Magistrates’ Court during a tour of the court to observe and study court proceedings and the setup, I was perplexed by the sublime sense of lighting, which permeates the court building and the architectural developments, which exhibited the French Romanesque style.
This essay discusses the requisite elements for proving negligence in cases of injury caused by failing to act. The area in business law focuses on the duty of care imposed on people towards others and the remedies available for negligence. The essay will also discuss the occupier’s liability in negligence for harm or injury caused to persons within their premises.