The thesis statement of this paper would be holding is that the law of contract and tort law are similar in nature and it is, therefore, difficult to distinguish between the two legal concepts. The researcher will also make an earnest attempt to evaluate the statement in terms of ADR’s ability as a viable alternative to the court system.
This objectives and range of activities that can be performed by the company was often defined by the Companies Act 1989 and today effectively removed by the Companies Act 2006 (ultimately implemented from 1st October 2009)2. Earlier, any kind of contract or agreement that was entered with any other party beyond the powers mentioned in the Memorandum of Association was concerned as beyond the powers of the company or an ultra vires provision and hence was declared void ab initio3.
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The application of intentional tort to corporations is not something unheard of considering the slew of recent cases of corporate trespass, usually in relation to unauthorized access to computer files of companies. Necessarily, these intentional torts are torts against property type, particularly trespass to chattels and conversion.
Mr. Anthony Edward Martin went to trial in the Crown court at Norwich. Mr. Justice Owen tried Mr Martin; he was accused of the five counts. The first count was that of the murder of Freddie Barras the second was the count on the attempted murder of Brendan Fearon, which translates as wounding with intent.
As a result of violence, Sue has suffered numerous injuries ranging from a black eye to bruised ribs. The violence turned out to be too extreme to an extent that Barry punched Sue in the stomach and face. Also, it is reported that Barry grabbed her by the throat and locked her out of the flat.
2. Defining Dumping The liberalisation of international trade agreements has meant that products can now move from one territory to the other with little resistance such as trade barriers or special customs and excise duties. This free movement of goods from one nation to the other has meant that local industries have begun to feel the crunch of overwhelming competition.
How would you make information technology and infrastructure more secure? How would you ensure that your measures will control crime and also protected the liberties of citizens? You must include statistics; data; and at least one report from the DHS website to support the points you make.
The new techniques of gathering digital evidence, however, ought to be reformed and premised on standard laws, in order to achieve proper regulation of digital evidence gathering. This is because the rapid development of computer technologies provides new challenges that were not covered under conventional laws; ordinary laws guide the gathering of physical proof and eyewitness statements (Casey, 2011).
Quantitative research is the numerical depiction and manipulation of surveillances for the purpose of explaining as well as describing the phenomena which is reflected in a particular observation (Sukamolson, 2012). This discussion would focus on comprehensive information about quantitative research techniques and how it is useful for criminalist as well as researchers regarding the subject of criminology and criminal justice.
Strict policies pertaining to hand gun permits seem to be an excellent measure taken by the government of the USA. According to the law, a complete analysis of the applicant’s criminal history enables the disapproval of the application for a firearm depending on the type of crime committed by the person.
The fight against crime and the need to improve the criminal justice system have seen DNA profiling and law enforcement integrated. In this case, forensic scientists help in the identification of criminals or crucial leads by looking at DNA profiles. The crux of the matter herein is that organisms leave behind their DNA in any interaction with the environment.
It was Galton who first postulated that ‘no two fingerprints are identical;’ he identified that every fingerprint is unique and found out that even the fingerprints of identical twins possess ‘different ridge patterns’ (Gurdoglanyan, 2011). Later, fingerprints were classified into various patterns and groups based on their common similarities.
Although there are never set objectives of the terrorism, yet it can be aimed at challenging writ of the government, creating a sense of insecurity among the populace and lack of confidence in government and security forces. The world’s security situations changed altogether after the 9/11 incident.
Alice was uncertain about how to manage her inheritance and made a conscious decision to hire Beatrice, who was her friend, but was also a financial advisor to specifically build a financial portfolio. Alice then deposited the funds with Beatrice’s firm and did not give the funds to Beatrice.
The law in this case involves the aspects of negligence from both parties.The law that applies to this circumstance involves contributory negligence as outlined in the case law Brown v. Kendall Application Its application points to the fact that negligence was committed by the two parties.In regards to the staff capacity of a building,both the seller and the buyer were required to ascertain before making any decision.Like in the case Brown v.
The Osov Rule Hinders Good Corporate Governance
Various firms in the United Kingdom like Berkshire Hathaway have been successful without allowing all their shareholders to hold voting power.However, more companies are moving towards the system of one share one vote.
Since there is no one world government or parliament to create laws as is the case in countries then there exists’ a fundamental difference in the creation of international law. International law comprises of system of rules and principles that govern international relations between sovereign states and other institutional subjects of international law1.
The Federal Banking Supervisory Office of West Germany cancelled the banking license of Bankhaus Herstatt when they discovered that the bank had foreign exchange exposures that were three times to its capital. Due to this act of the central bank, many banks had to suffer huge losses on their pending trades with Herstatt triggering a cascading effect in the banking sector.
Mainly, this is despite the act of instituting it by respective state, for instance, Canada is to protect citizens’ rights from oppressive laws. This is by either upholding or disregarding accusations regarding infringements the accused said to have done like in the R.
Human Rights and Fundamental Freedoms: Article 3 of the ECHR. Introduction: Human rights can be broadly defined as those rights that are inherent to all human beings irrespective of their nationality, sex, origin, religion, place of residence et al.1 Everyone in the world is entitled to their human rights without any form of discrimination, unless the rights they accrue have been limited for some special circumstance.
In retrospect, persons who jointly own the property are either termed as co- tenants or co-owners. There are different ways by which more than one person can own property. These include: joint tenancy, joint tenants in common, community property and tenancy in the entirety.
An objective test is employed by the courts to determine, whether a statement constitutes an offer. This test requires that the conduct of the alleged offeror should be capable to cause reasonable belief that this person is making an offer. In addition, the alleged offeree should believe that the offeror is making a genuine offer.
Until the early nineties, protection for the patents and copy rights had been fragmented. There was no guarantee against other nations’ exploiting them for their domestic purposes. Thus, Chile and some other developing countries had not been according protection for pharmaceutical products with a view to ensure their availability to suffering poor at affordable prices.
In Campbell v MGN1, it was observed by Lord Nicholls that in the absence of all-embracing, overarching cause of action for “invasion of privacy” and however, there exists some judicial acknowledgement of privacy as a value strengthening rules of law on this gamut of law.
The public police lack appropriate resources to deal with such crimes, since they have to stick to their budget, and as a result, private security has emerged and is increasing. Private security guards are commonly hired by entrepreneurs to guard the business from theft; in such a scenario, the police are not required, in countries where local mafia is present firms prefer hiring private security, (De Melo & Ofer 1994 p40).
The Exclusionary Rule Name: Institution: Course: Tutor: Date: Why We Do Not Need the Exclusionary Rule Introduction The legality and sustainability of the evidence employed in court is dependent on various factors. Such evidences are critical in the criminal justice procedures because of the far reaching implications that they have on the well being of the suspect.
Each religion lays down some rules regarding marriage and the members of that particular religion are expected to follow those rules. Religion is regarded by majority of the population has an omnipresent entity, which will impact and dictate their day-to-day living, and other key events of their life.
This substantially brings about significant issue of the global crimes analysis which would incorporate different types of global crimes and prevailing justice systems associated with them. In this paper, the proponent tries to identify the various major global crimes and criminal issues that have a global impact on national and international justice systems and processes.
In law, miscarriage of justice in a court of law can usually be corrected by an appellate court if it is decided that the judge can review the evidence and give credence to luring doubt in a conviction or otherwise. From an analysis of Section 2 of CAA 1968, it can be deduced that the Court of Appeal is a statutory body.
10,000 – this was proposed by the House of Commons in May 2012 by the House of Commons, and, in addition to this coming change, the process will also be streamlined in that every case that will be in the small claims court will be assessed for mediation, and there will also be bills that will help to protect debtors who have few assets (www.parliament.uk).
The risk factors are important to be aware of as they can predict potential juvenile delinquents. Once potential delinquents are identified, various programs can be carried out by society to reduce these risk factors to some extent and improve troubled youngsters’ situations, thus reducing juvenile delinquency.
This however has not come without its own challenges and problems and one of the main problems that are being faced by organizations and individuals alike is the issue of cyber security. Cyber security can be defined as the safety of computers and related software from invasion by individuals without access permission.
The judiciary still undergoes evolution and changes to meet the needs of the society. It is widely considered most independent and the best in the world, despite its oddities. The judicial system for Anglo-Saxons was a combination of royal and local government even after had invaded in 1066.
These are just some of the terrorist acts that might have served as a warning to these regions. These disasters were man-made, and there was a way in which they could have been averted. However, in some instances, there is no telling what is bound to happen to a region as some forces of nature cannot be stopped.
It was after the civil war that the prevalence and perception of shoplifting became significant enough to brand the practice as a serious and persistent problem. At the start of this period, offenders often worked in teams and often were male. However, females had an advantage over males because female fashion afforded a lot of spacious hiding places for articles.
To determine the leader’s leadership style, he created the Least Preferred Coworker (LPC) questionnaire to measure whether a leader is task oriented or relationship oriented. The LPC questionnaire has 16 opposing adjectives such as pleasant-unpleasant, efficient-inefficient, open-guarded, supportive-hostile.
In England and Wales, the most employed form of tenancy is Assured Short hold Tenancy (AST). This has been in existence since 1997, and all tenancy agreements entered after 28th February 1997 are automatically considered AST unless adequate steps are undertaken to convert to Assured Tenancy.
The ‘Blue Shield’ comes from the unique experiences that officers share and in that they have an understanding for the reasons that bad, illegal, or unethical behaviors occur among the ranks. This need to protect police officers is then carried into the public, trials against their actions often ending in acquittal even when they are guilty of wrong doing.
This is because Maria has not been able to understand that what kind of weakness exists within her fore rather she has concentrated upon the fact that since she is a Latino and a person of color, she is being treated in an unfair manner.
It is certain that an independent attorney or law firm, that does not depend in any way of the parties involved, should be hired. It is also preferable that the attorney is specialized in intellectual property issues and a good defense for Mason and Shepherd is proposed by him.
Essay questions 1. I believe that in this case, the Court should rule in favour of Elin and reject Grapes & Vines Winery’s action. The contract concluded between the parties specified a deadline for performing the contractual obligations. It stated that the wine was to be delivered on or before May 1.
The purpose of this paper is to define what abuse of authority is, and to address the ethical dilemma that is rightly attached. Additionally addressed will be my personal stance, what changes could be made as well as the implications of the abuse of power when coupled with one’s faith.
There is no doubt that the city will see a lot of marriages happening there. However, on the flipside is the problem that inevitably, a lot of divorces are also likely to ensue. But the major issue in this case is that if a person from another state, where same sex marriage is not allowed, comes to New York and marry here, the person cannot get a divorce in his home state and will have to return to New York for obtaining divorce, that too, as per law will be possible only after a stay of three months.
(Companies Act 2006, 2008, P.134) The basic reason for this is that an existing shareholder should be given the right to protect and maintain his share of total equities of company by having the opportunity to buy out a new supply of equity shares. Also, it puts the existing shareholders in a more commanding position.
This is in complete contrast with pre-colonial period, when there was less domestic threats and virtually non- existent international crime. This paper explores the historical development of police agencies, their jurisdiction and roles in the modern society.
Various theories of correction have evolved ranging from traditional to nontraditional correction strategies. They include: rehabilitative, boot camps. The goals of these specific goals of these strategies vary but they are aimed all aimed at modifying behavior and reducing recidivism.
The law enforcement agency is one such institution having a common culture as amongst the police. They have a culture which is about solidarity and secrecy or as other writers refers to it, ‘a code of silence’. This is the culture that prevents a police officer from telling on his colleague(s) on any acts of illegality performed.
Geoffrey Lantos, espousing the views of Milton Friedman, actually states that corporate social responsibility is immoral. The reason for this is that the shareholders, who have a close relationship with the corporation, experiencing detriment when the corporation takes its focus off of the profit motive.
Al. 2007 p 82). The royal prerogatives exist by the dint of common law. There is no statute or any act of parliament that can give prerogative powers to the crown. However, as we shall see a statute has the power to abolish the prerogative powers (Philips H, et al 2001 pg 310.).