Other than this explanation, there is no concrete definition provided for ordinary income. In order to define income as ordinary in the Australian legal system, help is often taken from Scott v Commissioner of Taxation2. According to the judgement handed down by Sir Fredrick Jordan in the subject case, receipts that must be treated as ordinary income must follow “ordinary concepts and usages of mankind”.
The researcher of the discussion portrayed the history of immigration, relationship of social justice and illegal immigration and the possible solutions to illegal immigration. The perception of social justice is a concept which is fundamentally exercised amid different social classes in a community. The idea of social justice is primarily based upon the thoughts of equality.
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A Crisis of Trust In a world of extreme corporate development, consumer trust can be the definition of a brand. For a brand, building and maintaining the trust of consumers means everything; and at the same time losing the trust of the consumers can make all the difference in the business world.
The basis on which Wicket World would defend the claim would be founded on a number of provisions of the law as enshrined in the European Convention on Human Rights and the Human Rights Act, 1998. The claim according to Article 8 on right to privacy is however limited by Article 18 that limits on use of restriction of rights.
Question 1 (part b) a) Conviction on indictment is a conviction after an indictment aimed not at finding the accused guilty but that the crime was probably committed and the same committed by the accused. An indictable offense under the Act includes the disclosure of information by a relevant person without lawful authority to disclose the information.
Environmental Policies Essay 1: Factors Effecting the Effectiveness of Environmental Law: Air and Water Environmental laws are founded on policies. In the modern era there are a number of possible policies that influence lawmakers. The main policies are sustainable development, the avoidance of eminent environmental collapse, developing a new society through environmentalism and animal liberation.
Drugs are one of the most common causes of crimes. Their use and abuse often emerges as a cause or influencing factor in the commission of crimes. These drugs have qualities which distort and compromise a person’s judgment and his perception of the world and of other people.
Moreover, the statement would be material, as opposed to trivial, as judged by the perspective of a reasonable person, because the statement would go to a serious matter, as the foundation of the house was a material concern (Property Misrepresentations Act 1991).
The author states that it is quite important to understand the concept of Agency as Partnerships are understood to be essentially relationships of the agency. Agency is defined as an individual who is known as Agent, intentionally agreeing and accepting to act for or on behalf of someone else. Here someone else is referred to as the Principal.
The persons upon whom search and seizure are committed are selected on grounds of reasonable suspicion. In most cases, the search operation does not lead to seizure of goods/property belonging to the suspected person. At the time of the writing of the Constitution, the Founding Fathers reasoned that “search and seizure is a necessary exercise in the ongoing pursuit of criminals.
Collective Action can be traced to the social contract theories of Hobbes, Locke and Rousseau, whereby man signed a contract with an individual or a group of individuals acting to promote the interests of all. Politics is an ideology by which a group of people makes decisions for to promote the common interests of a larger number of people.
Under t NAFTA, various non-tariff barriers to agricultural trade were eliminated between the United States and Mexico. Besides, various tariffs were eliminated immediately, with others being phased out within the period of 5 to 15 years. This paved way for an orderly adjustment to free trade with Mexico following the inception of NAFTA in the beginning of January 1, 2008.
An agreement that is enforceable by law is a valid contract. It is an agreement legally enforceable between two or more parties having a set of mutual promises as its core, which create the rights and obligations of the parties (Advocates for International Development, n.d).
There is an increasing representation of people from diverse racial and ethnic backgrounds in the workplace, than never before. This has in turn led to a rise in conflicts with racial overtones, among the employees and organizations alike. The increasing number of racially diverse individuals in an organization has resulted in a drastic change in the workforce dynamics, most significant of which is the change in the organizational hierarchy.
Firstly, let’s consider the facts behind this case; the press regulation commission is appealing to the judgment made by the high court judge; Templeton-Smythe J. judge Templeton-Smythe had ruled in favour of my client; the Daily Grind, after my client went to court to challenge the fine that the Press Regulation Commission had imposed owing to the paper’s publication.
This means that the most violent crimes are against people in their own age bracket while the rest are carried out against adults. It is assumed that in a month the most number of cases recorded of teens committing violent crimes in an area are five. This is an extremely high number considering they are all minors.
The precedent is a term utilized, by lawyers, to refer to legal experience. The doctrine implies that judges with the English legal arrangement offer judgment in relation to certain rules presented by previous cases. The ruling is delivered even before the court obtains facts concerning that case.
This in most cases exists where the person is facing an obvious death due to an incurable terminal illness and the assisted death relieves the long suffering. Historically suicide whether assisted or not was considered a criminal act in many parts of the world.
In response to this literature, Lion Fuller developed a scientific approach towards identifying key areas for the development and sustainability of a legal system. This paper shall analyse the principles laid down by HLA Hart in “The Concept of Law” and then the paper shall analyse the ideas propounded by L Fuller in his book titled “The Morality of Law”.
The law of copyright protection provides the exclusive protection to the author to make copies of the work, sell or license it and use it for any purpose whatsoever. It provides protection to the broadcasters and singers in the shape of exclusive rights to their broadcasted work to ensure that others do not infringe upon their rights.
We live in a community and society where legal formality is very important. Apart from the adherence to the laws of the land, legal administrators also have quite a reputation on the society. No community can exist without having proper administrative law procedures.
Organized crime is of many types, such as illegal trading of drugs, human trafficking and smuggling weapons. Furthermore, organized crime disrupts the system and cause security issues by sneaking in or out migrants and ruin the financial structure by performing money laundering.
There were many instances where punishments applied were successful in instilling fear in the minds of the people. But when the crime committed crossed the acceptable code of conduct according to the ruling society, punishments had to take a menacing and life snatching form. This was known as capital punishment.
Identify the principal powers available to the courts in England and Wales in connection with statutory interpretation. How does the doctrine of judicial precedent engage with statutory interpretation? Introduction Statutory interpretation and judicial precedent are the two important sources of law apart from the Parliament that enacts laws.
Ruled by Dutch law, the Netherlands has traditionally been known as a hub for business in Europe. When thinking of establishing a business in the Netherlands, an individual ought to select the legal structure they will operate under first. This choice will be a determinant of the company’s tax obligations as well as liability.
He did as agreed and loaded onto a lorry belonging to Xpress Ltd, to be sent to Kevin. Analysis: There have been valid offer, acceptance and consideration involved in the contract with delivery completed. However, further analysis with reference to delivery is important.
What are some of the ramifications that can impact the psychic of the community and public perception on the acts in which these criminals conduct their predatory actions? The perceptions of the public can be largely shaped up by how sexual offenders make use of crime-switching and specialization tactics.
Every bit of item, no matter how small, must be retrieved and packed away for testing in such a way that the evidence cannot be contaminated prior to testing. Of all the available evidences in the area, the most common evidence collected are hair fibers, blood stains, and firearms evidence.
This was an indication that he was not performing to his best as it concerns his management duties. When an employee moves to a far place, he or she is affected as he or she is destabilized. He has to get some time to establish himself or herself at the new place before he or she can spring back to success.
According to former FARC commander Simon Trinidad, the FARC are not narcotraffickers, which means that they are not involved in trafficking drugs although the United States government suspects them to be so. According to Trinidad, the ones who are guilty of selling and trafficking drugs are the rich businessmen, the bankers, the foreign companies who make the drugs, and the government and the police who overlook things.
Name: Instructor: Course: Date: Employment Law Disability is term that is used to describe the situation where an individual has one or more of their faculties being incapacitated, not functioning properly or missing. Disability is caused by a myriad of factors from natural ones to man made factors.
It is in this context that the aspect of agency relationship comes into existence. An agency relationship is a legal relationship between two parties, which comprise of an agent and a principal, both of them entering into a mutual contract where the former agrees to act on behalf of the later in return of financial benefits and in the presence of certain terms and conditions.
Capital gains result from selling assets such as real estates and shares. Business goodwill also results into capital gains. There is no distinction between income on revenue account, which is referred to as business income and income on capital account, which is referred to as capital income.
No matter how the government would like to ease off the tax burden on individuals and firms, the government must also be considerate of the fact that it does not want to lose its revenues as it needs these revenues to finance the local infrastructure.
Land surveying is a fundamental discipline in the construction industry. It influences the design among other architectural features of buildings put up. Surveying is a mathematical technique of defining the three-dimensional or the terrestrial features of land.
..in responding to gender discrimination-and to explore why this is so" (Alston/Goodman: 166) DISCUSS. Introduction Traditionally, women have often been viewed as subservient to men. This subservience has mostly been attributed to physical qualities, with men often developing as stronger individuals, more dominant towards their female counterparts.
As such, their scope of work is huge, which gives them a hard task. Consequentially, there are some challenges and setbacks police officers face when they are off work. To begin with, gangs and unscrupulous people target police officers. Police are known to protect innocent citizens from criminal activity.
All paying attribute to attachment, commitment and involvement. In each person’s beliefs, relationships and values encourages them to desist from the wrong side of the law. The commitment to the social norms, family attachments, and institutional employments are a point to consider.
However, legal scholars are not comfortable with this diagnosis of the purpose of competition law and its enforcement. Legal scholars call attention to the non-economic aspects of competition laws and argue that social and political considerations are just as important, if not more so, in the enforcement of competition laws.
The essay below therefore investigates the courses of the crises and the factors that sustained the escalation of its effect throughout the world. in doing so, the research analyzes the banking policies inkling the Basel 2 and Base 3 all of which sought to cushion the world economies from such crises.
There are three fundamental parts that make up the principle of justice, which are equality, fairness, and impartiality. The delivery of justice through the administration of law evokes different reactions and emotions among the different parties involved in various cases under different circumstances.
This paper explores two specific areas of corporate governance and how the Company Act 2006 is presently addressing it. The first is through granting more rights to minority shareholders. The second is creating more measures against opportunistic and predatory directors to exact responsibility and accountability for fraud.
Business law essay Name of Customer: Course and Code: Name of Instructor: Name of Institution: Date of Submission: Business Law essay This was a decision made by the European Court of Justice. This is the court that established the principle that member of the European Union had liability to compensate any individual who suffered a loss as a result of a member state’s refusal or failure to import a directive given by the European Union into the country’s law.
While there are a lot of changes, criticism has emerged that indicates the government has not gone far enough in instituting important reforms. Ultimately, it’s clear that while the coalition government has made progress they still have a long way to go.
This research is the best example of comparison and contrast of strict liability and absolute liability, including a statement of relevant arguments for the proposition shall also be discussed. Arguments for strict liability policies also point out that the claims of injustice in its applications are grossly exaggerated.
The United States of America foreign company establishment as it adds the direct investment in the country. Best way to enter into the U.S market A company can choose to either open a branch or set up a subsidiary in the country. When a company opens a branch in the U.S, it can either register the branch with the state in order to do foreign or interstate business.
The house is located on Highfield Road opposite a factory unit (situated on Highfield Road in the Edward’s Industrial estate) owned by Harrington & Nephew Ltd. This is an area in which pre-cast concrete units are manufactured. Harrington & Nephew Ltd. was recently successful in winning various contracts which have resulted in the factory operating all day and throughout the night.
14). So, whenever one party identifies that the other has not performed the duty as per the terms of the contract, he has a right to sue for injuries or loss suffered as a result of the failure of the other party to perform the duty. However, the claimant has the evidentiary burden to proof that he was ready to perform his duty while the other did not do so.
Secondly, it states that white collar criminals should be treated similarly to street criminals as both are defined by the term criminal. Thirdly, the subculture of violence does, to a certain extent, affect high homicide rates in the South. This is because environments do influence the behavior of people, but a person has the right of choice and can choose not to be molded negatively by their surroundings.