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The judgment of the High Court in this case gave rise to the support of Commonwealth environmental laws with the use of external affairs power, to the disadvantage of the regulatory powers of the State. This case caused a lot of tension between the States and the Commonwealth up until the 1990s when cooperative federalism was introduced.
Companies are also expected under the corporations act that they give very clear guidance on the recommendations provided by the director. The first procedure in this expects the notices to contain an adequate representation of all the views regardless of whether it is the assenting or dissenting directors as also noted by Chong & Van der Linde, (2014).
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The free trade agreement between China and Australia is also likely to have some negative impacts. There would be no tariff reduction for some of the essential commodities such as sugar, rice, wool, cotton, wheat, maize, and canola. This is an indication that the agricultural sector will not be primarily influenced by the free trade agreement.
The business can hold Carol liable for making wrong adverts contrary to the instructions which have cost the business a loss to avert legal action. Trying to convince Zena of the wrong pricing would not only attract legal liability but also results in portraying a bad impression to customers which is detrimental to the future reputation of the business premises.
The regulation under Mining Act 1992 and POEO Act 1997 requires companies to ensure the protection of the environment as a priority during the mining process (POEO Act 1997 section 64 subsection 1 and Mining Act 1992 Section 378 clause D). This includes dumping of the wastes from the company which should be done through a proper mechanism to ensure the environment is not affected.
Once a person decides to start a business venture it is crucial to decide on the legal business structure to choose. The type of business entity that a person chooses depends on numerous factors like taxation, record keeping, and liability. However, the most important thing is to find the superlative fit for a business or organization.
Fingerprints get defined as the impressions left as a result of the patterns of ridges found in the fingerprints of an individual. Friction ridges are the portions of the epidermis that are usually found on a person`s fingertips. Fingerprints of human beings are said to be durable and unique among individuals; therefore, make them suitable for the long-term identity of people.
Generally speaking, every business is affected by macro-environmental factors. Management gurus argue that, before a company starts operating in an industry, Spedding and Rose (2008) suggest that it is important that it understands the environmental factors that would affect the operation of the business.
The corporate veil is the legal concept that separates the personality of a corporation from the personality of its shareholders thus protecting the shareholders from being held personally liable for the company’s debts and other obligations as well as far as the company’s business is conducted in accordance with the provisions of corporate legislation (Gonzalo, 2000).
What IP rights Novice Ltd currently has in Australia? Have any of them been infringed and does Novice Ltd likely to get a trademark and a design registered in Australia? Thirdly, Assuming that Novice Ltd manages to register a trademark over ‘Wooloo’ and a design over a suitcase, would any of the above-mentioned activities by Austra Pty Ltd infringe any of these rights?
From examining the above it could be argued that the method used by the judge for interpreting statute is very important. If the judge only uses a literal approach then the result might not always be fair or moral. Using the golden rule too liberally could mean that the true purpose of the Act is not achieved.
Revocation or cancellation under s 501 allows the application of natural justice, the student, may, in making representations to the Minister set forth cogent reasons why she shoplifted and show the Minister that circumstances have compelled her to act that way and that she will not resort to the commission of the same offense in the future.
Section 17 of the Jamaican Constitution did not prevent the putting to death of a convict, for the reason that there had been an inordinate delay in carrying out the sentence. Albeit section 17(1) of the Jamaican Constitution disallowed the subjection of any person to torture or degrading or inhuman punishment;
When examining new technologies in the fight against crime it is important to keep both of these modes in mind. The key is to strike a middle ground between the two. Criminals do have rights but if we allow them the right to not provide DNA samples, we may be unable to charge them with additional crimes the sample might prove they committed.
Grassroots democracy is nothing but a tendency towards designing governance in which majority decision-making authority is entrusted to the organization's lowest geographic level of organization: the principle of subsidiary. The USA has provided several meaningful clauses in its constitution to establish the grass root democracy
B altered the document, signed it, and sent it back to the Company (Counteroffer). The Company put the signed document in a drawer for two years with no reference (A contract or nothing at all). The Company ordered coal, which B delivered under the altered document (offer). The fourth statement is that Brogden delivered the coal following the new altered document.
Using psychoactive substances can often create a dependence syndrome which manifests as behavioral, cognitive, and physiological symptoms seen after repeated substance abuse (WHO, 2010). It is also the habit or practice of using substances to alter moods. It is also about the use of illicit drugs and other over-the-counter drugs.
If Weis himself is liable, this clause may be invalid, as the contract is between Collins and the plaintiff. If Collins is not a party to the cause of action, then this might invalidate the clause. If the plaintiff could proceed against Weis in tort, this clause would be irrelevant based upon the misrepresentation.
These new statutory rules had taken effect last October 1, 2010, and pertain to the gathering of sensitive information and also the handling of confidential correspondence and communications related to child protection and other serious child care incidents.#2 These are all part of social work reforms that are being implemented.
Stress management aims at attaining individuals’ health and organization wellbeing through various applications. As prevention mechanisms, primary, secondary, and tertiary methods that seek to avoid stressor factor, and reduce stress after exposure are some specific techniques that reduce stress levels.
Heidrick and Struggles search firm herein stated by the initials ‘H & S,' is one of the popular firms having 47 offices all over the world. It has conducted a managerial search for clients from both the public and private sectors. The Inspector General was asked to render an ethics opinion regarding the allegations.
The future is set to see changes in the judicial systems across the globe; this is based on emerging trends that are having major impacts on such systems. The strongest crime rate determinants are demographic variables, making them play a central role in regards to the future of crime (Reichel, 2005).
The most important point in chapter 4 is about the procedures for bail especially about granting or denying bail as well as “bail jumping.” These are important because the public does not know the procedures and most act on ignorance leading to negative consequences. In chapter 5, the most important point is a preliminary hearing.
They provide home and shelter to the orphans or the old aged people, they provide them with the basic facility with respect to food and clothes and related care. A direct caregiver is a person who feels responsible to the society, but even with the humanity they show they are not doctors and experts.
This Convention constitutes a universally agreed upon group of obligations and standards that are not subject to negotiation, which protects and support children’s rights. Moreover, its Optional Protocols pertain to first, the protection of children from child pornography, prostitution, and trafficking; second, the prohibition of recruitment of children in armed conflict.
The Bill of Lading would serve as a Document of Title when there would be issues regarding ownership of the vessel, for instance, if there are concerns with pirates seizing the vessels or any other party claiming ownership over, it would serve as a Document of Title.
A third of women are said to have been abused by their intimate partners or their family members. There are several forms of women abuse that are discussed in this paper such as sexual and physical abuse. Women who are subjected to chronic gender violence find it hard to live normal lives. Their lives become miserable and unbearable.
According to the paper, Censorship Law against Fraud and Deception in Qatar, there has been a progress towards introducing censorship for the public interest. It shows how U.A.E. which has had a similar history too is attempting to think beyond the protection of government officials and is taking measures to prevent commercial fraud.
In Rosemary’s case, the issue in contention is the price of the TV & DVD player which had a price tag of 9.99. The actual cost has however been stated by the assistant to be 99.99. This can be a case of price mistake or the provision of misleading information which is all dealt with in the Consumer Protection from Unfair Trade Act 2008.
Type of data collection mechanism for evaluation and management of the special need inmate program (National Institute of Corrections, & United States of America, 2004). Recommendation-develop prison facilities according to the standards of special facility’s needs. This can help management collect data easily by comparing them to the set standards.
The paper "Vicarious Liability " is a great example of an assignment on the law. Vicarious liability refers to a legal doctrine where an individual or a company is held responsible for the actions or omissions done by a different person. For instance, in the context of the workplace, an employer can be liable to the actions or omissions of their employees.
The Corporations Act rule explains the roles of shareholders and directors in the decisions they make in carrying out transactions of a company. There are duties that are appointed to the director and they include general duties under common law to exercise power with due diligence and care, he also has the mandate to manage and conduct the business in the best interest of the company.
A breach of the contractual agreement does give different parties rights within it as well as a court can give different remedies both in common law and in equity. The main subject or issues in contention between Larry and Tom is the lease agreement issued by Tom, registered for a period of 5years that commenced on 1st January.
Although the Court of Appeal was invited to overturn the findings it did not do so. The court concluded that there was enough evidence to rely on the findings as fact. The Court of Appeal put a lot of weight on the trial judge's advantage of assessing the witnesses as they brought forth their evidence.
Juveniles do not usually have a legitimate right of seeking bail; however, most of them are released to their guardians or parents before they are arraigned in the juvenile court (Carrie & Repucci, 2001). The minors usually have a right to counsel and in case they cannot afford one, a state-appointed counsel represents them.
Section 180 (1) of the Corporation Act 2001 is unusually harsh on directors or officers who take an entrepreneurial risk on behalf of the company. In this case, however, the directors are not in breach of their duty of due care and diligence, as the decision to import the Coco uninsured was based on a good business judgement.
Negligence is defined as the failure to use reasonable care in a professional practice. This is especially judged when negligence of this type is the cause of damage to the person. In this case, the court will judge whether the negligence that is proven is the root cause of damage that is experienced by the complainant.
The timeframe of the notice varies according to the type and purpose of the meeting. For instance, if the agenda of the meeting is the removal of a director, then a two-month notice ought to be given to the members. Additionally, for unlisted companies, a 21-day notice must be given to the shareholders.
Inequitable results are one of the major effects of frustration. The recovery of the pre-paid amount may also be difficult in case of the death of the principal parties to the contract. The managers entering into a contract, therefore, need to understand the negative effects that frustration may have on their organization.
The process of protecting intellectual property rights in China starts with the registration of the property at the State Intellectual Property Office. China falls under the category of file-first countries. This means that the person who applies for a patent first holds the right to the property for which he applies for the patent.
The decision of the ASTIC sets aside a very large share of funds for purchases of land in only one particular territory or jurisdiction to the detriment of other States suggests unequal or inconsistent treatment, which is not in accordance with Government policy that calls for equitable distribution across all jurisdictions.
15 prison ministries responded to the questionnaires [in what states, countries, etc.?], along with two US inmates. Varying inmate change benefits were acknowledged within the prison system along with an emphasis on the central role of inmate involvement in a religious community upon release [how was this determined? Any numbers and labels or categories to go with them?].
Relatives cover the Parents, grandparents, and other dependent relatives of persons present and settled in the United Kingdom. The Immigration Rules say that widowed mothers and widowed fathers aged 65 or over, and parents or grandparents traveling together, one of whom is 65 or over, can come to the United Kingdom.
The author states that historically, China has not hesitated to use force even against more powerful adversaries when they perceive the opportunity to achieve strategic objectives. This poses a direct threat to the national interests of the United States, which according to Morganthau, are measured in terms of a state’s power.
Under the Workplace Health and Safety Act of 2007, an employer and employee have reciprocal duties. An employer has a general duty “to ensure as far as reasonably practicable, that workers and others are not exposed to risks to health or safety arising from the conduct of the employer’s business” (P.5, D.1, S.55).
Invitation to treat has been defined as an expression of willingness of a party to enter into negotiations with another with the hope that a contract would be reached at the end of such negotiations. Items on shop display and their prices are treated as an invitation to treat (Fisher v Bell). Advertisements are generally treated as an invitation to treat (Harris v. Nickerson).
The Act came into force in the wake of a number of corporate scandals. The scandals had one thing in common – a skewed report of the selected financial transactions. For example, companies such as WorldCom and Tyco covered up a number of questionable transactions that resulted in enormous losses to the stakeholders
She was intentionally allowing her to purchase the condominium at the bottom price and not the highest possible price as she had been instructed. The $2,100,000 would have been the last resolution in case there was absolutely no buyer who could afford a higher price for a reasonable length of time. Anne blocked the chances of Peter having buyers at higher prices.
The visit was also an experience which enabled me to conceptualize a number of concepts and references learnt and made in class. Besides the educational function, the social aspect of the field trip was also superb given the chance to interact with court attendees as well as other individuals with specialized roles.
The respondent was Dardi Limousines a San Jose Limousine rentals service firm. Ms Clare was represented by a very young attorney Ms Torres Ross and attorney for the defendant was Mr Parkinson a reputable attorney from a very famous law firm here in San Jose. The case was before a 12 panel of jurors; seven males and five female jurors.