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Effectively the Court of Appeal ignored a House of Lord’s decision; a decision which has been around for more than 400 years. Pinnel’s Case [1602] examines the doctrine from the view point of Creditors who are already owed something [a legal duty or money] and appear to agree to accept part-payment of the debt.
The Companies Bill, formerly called the Company Law Reform Bill, received Royal Assent on the 8th of November 2006. As a result of the assent being received, the largest piece of legislation to be ever made in the United Kingdom is the Companies Act, 2006. The statutory legislation consists of a mammoth 1300 sections.
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The underlying basis of commercial contract law is freedom of contract and general commercial law principles advocate that commercial agreements are treated with an implied presumption that legal relations are intended (Chitty, 2007). There is no dispute in the current scenario that there was a legally enforceable contract between the parties for the hire of the watercooled woodwork machinery.
Statistics indicate that more than half of gay men and nearly half of lesbians genuinely want to have a child (Maxwell, 54), though many of them are limited to this due to their same-sex relationships. For those who might argue that homosexual households cannot provide adequate support, research indicates that same-sex couples.
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The use of death as a punishment also has moral repercussions as it may result in execution of an innocent person. Capital punishment can do undoable harm by punishing an innocent person therefore it is not a desirable practice. State
inculpatory evidence can be used to institute charges of guilt against a suspect in a criminal case. It is the duty of a prosecutor in the courts to present all the available evidence that may be used in establishing the truth in any case presented in the court (Sperry, 2006). This evidence can be favoring either side involved in a case which is the prosecuting or defending sides.
The New Haven Department did not validate the test results mainly because none of the Black fire fighters scored well and hence could not be considered for promotions. The City Department
Genocide in the modern society still exists. Ahwazi Arabs under Iranian regime are subjected to centennial oppression and even in the modern global context this problem cannot be eradicated. This fact is impressive, but the cruel reality of
Money can be stolen on the internet. This is the sort of crime which happens on the internet. An individual can steal money by logging into the online details of a person’s bank account and hack into it. After hacking and fooling the online database of
Their segments are planned business units, which offer various products and services over a range of technology platforms that are administered accordingly. They analyze their various operating sections based upon segment
Securities Exchange Act of 1934, sub-section E prohibits any deliberate attempts to disclose insider information to the prospective shareholders more particularly touching on the impending mergers. The same chapter prohibits deliberate actions of misstatements, fraudulent actions as well as omissions (Hazen, 2003).
The paper briefly explores these aspects of law as they appear under written law and in daily application.
Three Reasons for Exclusionary Rule: 1) A personal right of privacy: People have a right to be secure in their
In the given case, Bert has a historic speed boat which he decided to sell at $ 50,000. As James was interested in getting the first right to buy, Bert gave him the first right to buy the boat. It is not clear from the case whether there was a time period set in the contract for the exercise of the right. However, after informing James, Bert advertised the sale at $ 60,000 or near.
This has led several companies to secure patents for every product that they manufacture. As a result brand identity is an important part of the company. There comes a time however when newer companies secure trademarks that are almost identical to those that are already more established. Think of a scenario for instance where two or more schools share the same uniform.
According to this theory, the youth engage in crime and drug abuse because of disintegration of the society (Milkman & Wanberg 2005). In today world where parents spend little time with their children because they
Probation in this most basic of definition and practice, probation is a form of sentence that is available in lieu of jail time. It is normally availed to the first time, non-violent criminals, so that they may be allowed to remain living within the people and continue with their daily activities.
As pertains to every company’s conduct no employee is by any means authorized to disclose any confidential information they come across. Thus, Brad would stand
One of the main features of a democratic state is that every individual has an opportunity to express his/her own opinion. The main tool of such expression is mass media. It provides people with the opportunity to express their options and take part in the political life of the country. However, even in modern society the representatives of many democratic states very often complain that the government tries to establish control over mass media.
The trade secrets law also applies in the painting business of Georgia. Trade secret includes any factor or information which enables a business to have a competitive advantage over competitors; this information is mostly unknown in the industry. Trade secrets are protected through state law; the secret should not be common knowledge in public.
The non-breaching party ought to receive a considerable amount of monetary supplication and this is imperative for it ensures the other party pays for the mistakes made.
There are cases where the breaching company may
In the spate of globalization, international code of business ethics has sprouted to ensure fair competition and operation. The codes take into account cultural relativism, economic
That was dissimilar to section 20 of the Offences Against the Person act 1861. Mr. Timothy Roberts QC was the first to submit that the judge wrongly declined to leave the jury with the problem concerning the defendant who, despite being unreasonable,
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Any ruling made by the court is not subject to re-interpretation or subsequent contravention by any other legal system in the US. Within the scope of its mandate, US Supreme Court have passed landmark rulings on
Specifically, with the rules that apply to misrepresentation and non-disclosure in insurance contracts changing from time to time because of the changing economic situations and due to the changing insurance market, the European Union rules applying to non-disclosure and misrepresentation have not been significantly altered, as it was a century ago.
The inmates acquire a set of behavioral guidelines and values that will help them to adapt to prison life. According to Ronald (181), the prisonization program helps the inmates to accept the social life and culture of prison society. In this case, the newly institutionalized prisoner comes to accept the jail lifestyle and criminal codes of conduct.
It is essential to state that the vagueness of Section 1(f)(ii) itself has given rise to a confusing plethoria of precedents to the extent that almost any claim of misconduct could conceivably open the door to bad character evidence thereby unfairly prejudicing the defendant in his defence to the charge.
Article 6, states that the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the member states. Any limitation on the exercise of the rights and freedoms recognized by this charter must be provided for by law.
As for the application of the Act, if the firm is small the act applies to both, customers as well as existing and former employees. If information is collected from employees they must be informed of the use that the information is going to be put to and provide them with the right to access such information and correct it in the future.
The employers should pay decent wages and give additional benefits to its employees and the Federal government should pave the way for the implementation of these necessary changes. If the Obama administration wants to improve the
The movie Pinocchio is about a fictional character that was first aired in the 1940s by the Walt Disney Production Company. It has however grown into a well-known fictional character in the animation world. It is basically a story about a woodcarver called Geppetto who makes a puppet named Pinocchio who is magically brought to life by a fairy.
Probation can also mean a kind of punishment issued out as a part of a sentence which means that instead of jailing an individual who is convicted of a crime, a judge has an option of ordering that person to be reporting to a probation officer regularly and according to a stipulated time schedule (Klein 1997 p. 6).
The everyday life of Europeans has been revolutionized by the internet in a way that can be compared to revolutions of industries during previous centuries (Tian 2008). Online services and electronic commerce are now at the exposure of the business people, consumers, and other citizens generally (Ogawa 2006).
It is necessary for every town and city to have a well-developed emergency plan to deal with terrorist attacks and other disasters. Without a plan, there will be total chaos among the agencies
These cards could either be used to make payments locally or internationally. However, the cards have advantages as well as disadvantages.
For those who use credit cards and those who would like to use the
Doubtless each and every department should be held accountable for their actions and the actions of their staff; however, individual personal responsibility should be extolled above that of the commander’s overall responsibility.
Although it is beyond
Courts take into account the action itself, how the action was carried out, and the severity of the injury caused by the action in judging whether the duty of care has been violated. Notably, in the case of Jason Davis, a duty of care has apparently been violated. First, Jason Davis has a professional duty.
The Employment Rights Act 1996 has given rights to the employees for safeguarding their jobs from unfair and wrong dismissals. All the employees have the right to use the Act if they feel their employers are not fair to them. It is Employment Rights Act that helps the employees to know more about their rights in the workplace.
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Generally, bovine spongiform encephalopathy (BSE) known as mad cow disease is a disease that attacks and degenerates the brain and spinal cord of cattle. BSE was first identified and defined in the UK in 1986. In the ensuing four years, mad cow disease emerged as a serious epidemic in the UK (Kimberlin & Wilesmith, 1994).
ilable pointed to the fact that the shooting had been racially motivated on the part of the criminal defendant and under New Jersey hates crime laws, he was handed an enhanced sentence that was well above the sentence that he could have received for similar crime. The issue
However, the bombing made them realize that terrorism activities are not always planned outside the country but inside are and are somehow even connected to the local crimes that take place as a preparation strategy. The importance of involving the local law enforcers in matters of national intelligence.
Undeniably, documentary letters of credit are essential in each form of trade, especially those that encompass interstates. Parties venturing into international trade come from very different backgrounds in business. This coupled with the fact that these parties do not know each other, leads to a lot of fear.
A confession that is not true is an acceptance of guilt accompanied by a narrative of how and why it happened. Its characteristics make it hard to research and the police rarely keep records of them. Once the accused has been convicted under false confession, it is normally difficult to prove their innocence.
The Scots law is based on civil-law principles and applied in Scotland. The United Kingdom does not maintain a single legal system because the UK was formed by the unification of previously independent countries. The Supreme Court of the United Kingdom, the highest court in the country, came into force in 2009 by replacing the Appellate Committee of the House of Lords.
The criminological theory that is applicable to this scenario is the social learning theory which states that deviant values, as well as behaviors, are learned by an individual when he/she is constantly in contact with social surroundings that promote deviant behavior. Social learning theory is applicable to this scenario.
The contract involved the painting of the house except for the garage. The contract provided that the work be a first-class job. There was a dispute on the ideal definition of a first-class job. There was also a dispute on the inclusion of the steps in the final job. There was a consensus that the steps were included in the written contract but were pointed out during the process of contract negotiation.
The CPS is in charge of prosecuting criminal cases, on behalf of the state, which is investigated by the police in Wales and England. 1988, Legal Aid Act makes it possible for defendants facing court appearances and on low incomes, the chance to receive legal assistance for free. In the past, the Access to Justice Act (s12) of 1999 directed the Legal Services Commission (LSC) to have a Criminal Defence Service (CDS) set up.
The process of statement analyses gets carried out in two specific forms. One of such forms is the thorough analysis of the hand-written statements whereas the other form includes the conduction of face-to-face questioning of the convicted individuals (L.I.E.S. Linguistic
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The death penalty is given for diverse reasons. These reasons include murder, adultery, terrorism, etc. The justice systems in various countries have analyzed the reasons for penalizing criminals. The analysts have found discrimination in terms of class, race, and gender while giving the death penalty to criminals due to which, there were movements regarding the abolition of the death penalty.
It came into existence on 15th December 1791 as among the ten amendments that entail the Bill of Rights (Seaquist, 2012, p.15).
The freedom of speech is the freedom to hold a belief or an opinion, but not the taking
The criminal justice system of the US continually faces balancing individual rights. While the criminal system of justice must uphold the rights that citizens are granted, it should also protect its people. Two opposing sides, crusaders of individual rights and those advocating social order represent this act of balancing.