When discharge by breach occurs it would give to secondary obligations in the form of payment of damages. When the discharge occurs by performance the need to complete secondary obligations would be absent as the primary obligations of the contract are completed.
Renewable energy is also seen as a perfect example in fighting global warming. These sources of energy do not emit carbon monoxide into the air thus affecting the ozone layer. Further, renewable sources of energy are sustainable; they can be used for several years without being depleted.
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Since wars and conflicts have ravaged many countries and societies, refugees or displaced individuals have been seeking asylum from various states and from the international organizations. The fate of these refugees has always been dependent on the state where asylum has been sought.
In that case, to enter a lawfully binding mutual contract there ought to be an offer and an acceptance. In definition, an offer refers to the enthusiasm to agreement on certain conditions made with the aim that a binding conformity will subsist once the offer is acknowledged.
Usually such contracts may be vital for the formation of the company may have to be eventually accepted as they form a responsibility of the company. An example is for building a minimal set of infrastructure and other resources for the company including offices, contracts need to be organised with the third parties by the promoters.
Public safety dispatchers often receive calls from institutions and individuals who are in need of help from emergency medical officers, police officers, and firefighters. Despite the integral role played by public safety telecommunications, civil liability may arise from the processes involved.
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What Can Nigeria Learn From the Previous Mistakes in Electricity Liberalisation?
In the current world, electricity liberalization is a global phenomenon, though only a handful of nations have achieved considerable liberalization. Perhaps, liberalization in the electricity industry has unique challenges.
As a result there is significant uncertainty regarding whether or not a rule of customary international law is created and where a rule of customary international can be found.1 Even so, it has been argued that custom is a valid source of international law because it is derived from state agreement.
policies pertaining to immigration, socio-economic, and defence policies of the member-states. Some of these treaties were Treaty of Rome (1957), Treaty of Maastricht (1992), Treaties of Nice (2001), the treaty of European Constitution of 2004 (that failed to take form), and the Treaty of Lisbon in 2007 (which became effective in December 2009).
For over the years, legal proceeding has been the most preferred means of addressing disputes between parties. Legal proceedings involves a party initiating a legal case against the other party, and the other party is then obliged to appear in court to counter the accusations made against him or her regarding a particular dispute.
It will also analyze the application of the law in various case studies and the nature of agreements involved between two parties in a competitive business environment. The paper will additionally address different applications of article 1 (101) TFEU and the extent to which the article appears to be inconsistent with the concurrence of wills.
The author states that regulations governing the management of NHS exceptions followed an extensive public consultation and monitoring by the Department of Health and intended to attain a fundamental change in how to deal with complaints within the NHS, the regulations drafted are to allow health care.
A balance needs to be struck between the protection of human right and the fight against crime. On the other hand, technology is evolving in both the area of criminal investigation and the crimes themselves. The criminal investigators need to work hard to keep themselves abreast with new technologies used in the execution of criminal activities.
A contract always intends to legalize an agreement between the parties involved regarding the matter in question. Contracts involve many issues such as sale of property, settlement of disputes, and service performance among others. Therefore, a contract is enforceable on condition that it crystallizes the essential elements that the law requires that in manifests (Elliott & Quinn 2011).
The Parole Board
In this question, Robert faces the question of priority – which is more important, decongestion of overcrowded prisons or safety of the community from ex-convicts. As chair of the parole board, one of the functions and objectives of Robert is to see to it that the prison cells are well-kept
What are the implications of the principle of complementary jurisdiction in the statute of international court with special reference to the role of universal jurisdiction in the international justice system?
The law enforcing agencies are of the developed world and the under developed world are trying hard to overcome this problem which has spreads its tentacles at length and breadth around the globe. All out efforts to eliminate this menace from the earth still an elusive dream for the think tank of the civilized society.
As a result, humanitarian and other development organizations have been cautious about extending any form of aid to groups and individuals because of the legal ramifications of their assistance. However, all forms of aid have been placed at risk, even those which may genuinely be meant for development assistance and activities for developing countries.
In addition, relevant provisions in respect of allotment of shares have to be scrutinised. The Companies Act 2006, under section 171, requires directors to act as per the provisions of the constitution of their company. Moreover, directors have to exercise their powers only for the purposes for which these powers had been conferred on them.
He wishes to makes shoes for departmental stores and this will probably require him to get new premises and hire more staff. John wishes to reorganize his shoe business. He would also want to know the legal formalities that would need to be followed when reorganizing the business.
There has been a constant move away from a global society whereby the national economies are isolated from one another. This is due to barriers such as across-the-border investment. Other factors creating such barriers include differences in business systems, language, distance and time zones.
Battery Intentional torts require that the action must bring about or result to some sort of physical or mental distress effect upon another person.2 Battery is an unlawful interference with bodily integrity3 falling under the category of intentional torts together with assault, false imprisonment and infliction of mental distress.
It is quite rare in a legal profession where you would not find some sort of negotiation going on. For instance, there is sexual harassment negotiation on behalf of Ms. Jane Doe and Professor Palsgraf where an agreement has to be reached. There is also negotiation for employment contact involving Fox lawyers and Leslie Morrow.
The counsels for the parents were Allan Levy Q.C. and Judith Claxton. Question 2 [4 marks available in total] As well as  AC 563, this case is reported at  2 WLR 8,  1 All ER 1 and  1 FLR 80. Which of these four law reports is regarded as the most authoritative and why?
This was the time when the nationalists were fleeing from the mainland china. After its foundation in the early 18th century, Taipei became significant center mainly for overseas trading in the 19th century. Taipei was transformed into Taiwan’s provincial capital by the Chinese Qing dynasty.
Euthanasia is Greek for “happy death,” and involves the active killing of another because one's life is not worth living. The practice has been widely legalized throughout Europe, although the United States has yet to legalize it.
Analysis of the Abolition of Doli Incapax. In Europe, the countries with the lowest ages at which children can be deemed criminally responsible for their actions are England and Wales. In England, the law that prevented children under a certain age from being criminally responsible for their actions was called Doli Incapax.
This is in accordance with the doctrine of humanitarian intervention. This doctrine allows for the state’s use of military force against another state when the primary goal of the military force is to put an end to human rights violations being carried out by the “state against which it is directed”1.
Therefore, the analysis will proceed on this first assumption. The first analysis will deal with the pig farm. Initially, the pig farm was financed by the original flat that the two lived in in London. The flat was such that both of the parties contributed half of the deposit for the purchase of the flat, with the title to the property and the mortgage being in James’ name, who also made all the repayments.
The growth of Islamic Finance has benefited many economies especially the Malaysian economy. It began with a modest issue of RM 125 Million in 1990 and it has grown to a whopping single issue of US$ 4.7 Billion. The growth in Sukuk issuance in Malaysia can be attributed to introduction of innovative Sukuk products and growing confidence by investors.
However, even if the will does not expressly revoke prior dispositions, it can do so impliedly to the extent of any inconsistency. Extrinsic evidence is always admissible for establishing implied revocation. That is a later will prevail in case of a conflict.
How do YOTs attempt to balance their responsibilities for child welfare and crime control? To what extent are they successful? A child is not born as a criminal or an offender; circumstances force him to become one (Weiner 242). Quoting Morrison, Weiner (242) further explains that that the surroundings in which a man is born and forced to live, shape him.
Wrongful Convictions – Death Penalty and Innocence. "If we execute murderers and there is in fact no deterrent effect, we have killed a bunch of murderers. If we fail to execute murderers, and doing so would in fact have deterred other murders, we have allowed the killing of a bunch of innocent victims.
EU Competition law and Cartels. The European Commission adopted a decision setting a cartel case in which Procter and Gamble, Unilever and Henkel were involved. The product markets involved the household laundry powder detergent in Belgium, Germany, France, Greece, Italy, Portugal, Netherlands and Spain.
The author assumes that history has demonstrated that law alone cannot deliver good business. Thus, a need exists for a synergy between law and business ethic to deliver ethical business in a society, and this dissertation examines this synergy of law and business ethics.
The paper recommends that a criminal code should be formulated to work hand-in-hand with the Forced Marriages Act 2007. This criminal code should protect the obvious persons who are at risk of forced marriages. The criminal code should be reviewed regularly and improved in relation to existing situations from time to time.
Admiralty Law Question 1: O’s Claim Against VC for Outstanding Freight O’s claim against VC for the outstanding freight depends largely on two factors. First, it must be determined whether or not VC breached the contract for the delivery of crude oil from Piraeus, Greece to Southampton, UK.
The author states that in writing, the Act consolidates prior legislations against discrimination for Wales, England and Scotland. It comprises 218 sections and 28 schedules. These protected characteristics include disability, race, religion, gender reassignment, age, religion, maternity or pregnancy, sexual orientation and sex.
This paper will discuss the issue related to how pharmaceuticals have gone stray from their focus of preventing from diseases to a money making business. It will also discuss tactics deployed by some companies, such as; creating fear of new diseases, releasing untested drugs, testing their drugs in poorer countries, prescribing medicines meant for adults to children and infants, prescribing medicines to chronic patients which have not been tested for long term usage, imported drugs and many others.
Introduction A promise is a form of communication which is made with the intention to assume or undertake an obligation1. In certain conditions the mere act of promising may create the obligation to keep it but justification is needed to make the promise enforceable like a contract2.
In the formation and running of any business enterprise, there is an inherent assumption that ‘law matters’ because irrespective of nature of business organization, whether it is proprietorship, partnership or corporation, there always exists two classes of stakeholders, the shareholder as well as creditors.
This law sets the rules and procedures that govern the issues of carriage of passengers and cargos in the high seas and any navigable waters (Ian, 2007 p9). This law provides the rights and the remedies to all those individuals who encounter injuries within the seas and the inland navigable waters.
Many lawyers are expert and experienced in universal business law but at the same time only very few of them are skilled specifically in “international corporate law” (Nelson, 2006). Among the issues involved in worldwide business matters are laws connected to international conventions and treaties.
One of the major risks is the risk of perils of the sea. Hull & Machinery insurance provides cover to the ship owners for the risk of perils of the sea. These risks include the risks that are incidental to the case of a breakout of war. In some ways, Hull and Machinery insurance is similar to property insurance in which as it covers the ship itself, its machinery and equipment.
Euthanasia: Can It Ever Be Morally or Ethically Justifiable? This paper reflects on the Assisted Suicide bill by Lord Joffe, which has been the subject of immense controversy when it was attempted to be introduced in the House of Lords. The bill, if enacted into law, would allow terminally ill patients to seek drugs from their doctors that would end their lives.
Moreover, from the perspective of individual parties transporting goods via vessels, insurance coverage under P&I insurance policies is important for mitigating against any damages or loss of value or actual loss of the goods transported. H&M together with P&I provide complimentary safeguards for the carriage of goods and people by sea and provides all parties involved with a degree of reassurance that the risks that necessarily accompany the movement of people and goods at sea and the damages suffered at sea, will be covered regardless of the shipowners or the charterparty’s inability to satisfy any resulting claims.
Angelina’s Interest in the Property
The title to the house is held in both Angelina and Brad’s name. However, based on the facts of the case for discussion there is no specific declaration of beneficial interests. According to the ruling in Stack v Dowden, equity will follow the law.
The first source law depicts statute Corporations Act 2001 and subordinate regulations as well as rulings. The other source law is common law that intends to understand the Act and creates obligatory authority. While, the third source law is the company constitution.
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The company began to expand its operations by building up power plants as well as by operating gas lines but, this company became largely known not for these businesses but because of its unique trading businesses. Apart from its core business of buying and selling off gas the company diversified into unrelated businesses such as the broad casting times for advertisers, Internet bandwidth and the weather futures (Li, 2010).
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Drug court work just like contemporary courts, but mainly focus on criminal cases and behaviors related with the use and sale of drugs. Many researches in the past indicate that these courts play significant roles in the criminal justice system.