Law Essays

For a claim of negligence to succeed, the claimant must establish that the defendant owed him a duty of care, and that the defendant was in breach of that duty. If a breach occurred or not is more a question of actual fact which is to be established on the basis of the evidence.

doubt equity is considered an addition to the common law through two sets of rules, which though distinct, must not be looked upon as two co-ordinate and independent systems. On the contrary, the rules of Equity are only a sort of supplement or appendix to the Common Law; they assume its existence but they add something further.

Secondly, as they send catalogue on 5th December and they sell a range of both men's and women's clothing by mail order catalogue. Whereas the advertised price revised on the 8th December, it means the catalogue they send was valid for just 3 days. It would not wrong if we claim that Pavarotti Fashion LTD are misleading the consumer.

Since the judges could invent new writs any time they wanted, the Parliament decided to allow the judges writ one at a time. This system was unjust since even with the King's Bench having power over a case, the plaintiff might still not win if there was not a single form of action that combined the jurisdiction and power of the King's Bench.

One illustration of this type of legal dispute is a Residents Association's opposition to a local planning authority's decision to grant planning permission to a property developer for residential development. To begin to understand the complexities of the legal realm in terms of property law, it is useful to investigate what might happen in this hypothetical situation.

Secret and half-secret trusts are invented by English. They have come into existence on the slender of grounds, and been nurtured over the years because nobody seems to have the heart to put them out as it is deep rooted in the field of trust.

If a principal is disclosed and named, and the agent acts out outside its actual or apparent authority, then only the agent is liable to the third party. Hence, Worf cannot enforce the contract against Picard.(b) No, the answer would still be the same even if the agent had not informed the third party of the name of the principal because the agent acted outside its actual authority and against the instructions of the unnamed principal.

The paper represents the question whether a debtor can “strip down” the lien of the creditor on the real property pledged as collateral for the debt to the value of the collateral; more specifically, the United States Supreme Court was asked to determine the applicability of section 506 to this particular set of circumstances.

Specifically, they are any of the acts done against persons who are not a party in the hostilities. This includes members of armed forces who have surrendered or considered as hors de combat by physical infirmity, wounds, detention or any other cause: "(e)Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:

The better part of the answer will however discuss whether S and A can rely on the direct effects of the Directive. This will be followed by a discussion of vertical and horizontal direct effect, the rules and regulations in applying this, the differences between the enforceability of rights contained in regulations and directives.

But specifically, Article 33 of the United Nations Charter listed down the following methods for the pacific settlement of disputes between States: negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, and resort to regional agencies or arrangements, to which good offices should also be added.

Administrative law is the body of law that arises from the activities of administrative agencies of government. Government agency action may include rulemaking, adjudication, or the enforcement of a exact regulatory agenda. Administrative law is considered a branch of public law.

This essay intends to examine mortgage as a means of debt and how it is guaranteed. As a point of departure, it is possible to secure a debt in Saudi Arabia and individuals or companies such as the India Mortgage Guarantee Corporation (IMGC) can guarantee the debts.

The second form on the other hand may heavily lean on the consumers' level of education. It is common knowledge that education is the first line of defense against fraud and deception simply because it can help an individual make well-informed decision before spending his or her money (Gormley, 2006).

The Trades Union Congress (TUC) estimates that the employment status of as much as one third of the UK workforce is not clearly defined (Report of UK Conference 2000). On this foundation alone, it should become clear that maintaining the current definitions within employment legislation is not a tolerable option.

He then drove off in search of more beer he was spotted driving erratically by several pedestrians and he then went to superMacs were he consumed a mighty mac meal. He then drove of to nellanys pub and parked his car directly in front of the premises he was served one beer but was refused anymore frustrated he drove 15 miles were he knew there was more liquor he was driving a short distance were he crashed into a wall his spinal cord was severed and he was rendered a paraplegic as a result of the crash

The paper analyses the applications of the doctrine and how employees and employers may equitably maximize the rule to its full extent. The doctrine may level the playing field for employers in employment discrimination claims. However, there is also a danger of inequitably undermining the plaintiff's claims.

Many scholars believe that regulatory mechanisms have, to a large extent, been inadequate in controlling corporate crime. Say Mokhiber and Weismann (1999): At one level, corporations develop new technologies and economies of scale. These may serve the economic interests of mass consumers by introducing new products and more efficient methods of mass production.

This discussion will center on the first of this triumvirate, as it is this court that ensures the uniform interpretation and application of Community law. One of the most controversial aspects in the evolution of the European Community has been the free movement of persons.

When viewed from the rational viewpoint of Singer's well-reasoned argument, it is clear that eating animals is unacceptable The only diet that supports our moral obligation to the world around us is vegetarianism. This paper will show that meat is not a necessary food source.

It is necessary to add that adverse determination of medical necessity is experimental or investigational in nature.The necessity of health insurance companies as well as the adverse utilization review by them is getting momentum position in the recent days.

The Community Reinvestment Act (CRA) was enacted, or made into law, with the intention to “encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods, consistent with safe and sound banking operations. It was enacted by the Congress in 1977.

Mr Harvey is also the Chairman of the Board of Directors of the Football Club. The authorities have let it be known that the Football Club stadium is not suitable for teams in Division One and that there is a risk of expulsion if suitable facilities are not provided within a three year period.

It is important for every State to protect its territory, buildings, property and more importantly, its citizens. So, it is important to know the self-defence and legal options that the States possess who suffer such a terrorist attack. Article 51 of UN Charter provides the right to self-defence whenever there is an attack on the State and thus, despite terrorism being of very recent origin, it cannot be presumed that the States do not have any self-defence at all against an attack.

65). However, since statutory interpretation does not entail legislation and must comply with current statues, the extent that judges can modify these rules and the cases where they are applicable to by virtue of interpretation is not only a subject of debate, but also in danger of judicial vandalism and usurpation of the powers of the Parliament.