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A driver has the legal duty of care towards every other driver, vehicle or person on the road and so driving carelessly can result in a severe legal action (Hess 148). The rate of accidents caused by reckless driving is increasing day by day in America and in other parts of the world. Thus, this paper analyzes the possible ways to reduce the rate of accidents.
Americans need to access health insurance that is affordable. Affordable Care Act demands that Companies with 50 or more staff give health insurance to the staff members. Companies that do not comply with the act are supposed to pay penalties. Implementation of the act is surrounded by contention. The new cost of labor and taxation rules will likely damage the economy and job creation.
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This section of the paper will analyse and evaluate the impact of public concerns for strict liability regimes in relation to product liability. In other words, the paper will focus on the circumstances and situation within which manufacturers of goods being held directly liable for defects and injuries they cause to consumers.
They also possess high interest in the security of their area of operation. Private sector organisations are mainly interested in security as a measure of
Society is the place that lays an extensive impact on differentiated human factors. In accordance, societal rules, rights along with justice play a vital role in the decision-making activities undertaken by the people dwelling within. In the societal context, there exist two types of rights, which can be identified in terms of moral and legal rights.
Effective business management should provide strategies for recognizing the available business opportunities and the process of managing risk (Stone & Devenney, 2014). In the business, liabilities arise due to failure to implement the contract or inadequate performance of the contract, or due to the negligence of one party thus resulting in third-party claims.
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As such, the life of a human being is sacred despite their conditions or crime. Taking a human life simply because one has to follow orders is very wrong and unethical. This is because it denies the other individual the right to life, as well as brandishes the executor a murderer, a crime punishable by law, both biblical and secular.
The author states that qualitative and quantitative research techniques are designed for different audiences: policymakers both in private and in government, funding agencies, academicians, various stakeholders and project clients. Qualitative research interview is one of the most commonly utilized data collection tool.
After about a year within her contract, she became pregnant and was eventually instructed by her doctor to stop going to work. The television station halted her contract after which she sued for discrimination.
Under the Sale of Goods Act, all goods must be as described, of satisfactory quality and fit for purpose and thus a retailer is deemed to have breached the contract and the buyer have a claim for compensation as outlined in section 14 of Sale of Goods Act. Therefore, Peter and Patrick have a right to reject within a reasonable time.
There was no prosecution for executives of these large financial firms for there was no proof beyond reasonable doubt of the intention to commit the crime. The executives sold bad mortgage loans to investors by converting housing loans into securities. Most loans sold were defective and fraudulent. The credit rating system was done poorly.
In an economic context, retaining the juvenile offenders in incarceration amounts to immense burden on the taxpayers as the cost of maintaining prisons is very high (Coyle, 2005). Besides, retaining the juvenile offenders in incarceration exposes those to
It tends to study the victims of crime, and particularly the reasons as to why certain people are prone to be involve themselves in criminal activities. On the other hand, criminology is the social scientific
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Utmost good faith is an important requirement in pursuing insurance contracts. The doctrine requires the insured party to such a contract to disclose all vital and relevant information that could reinforce the insurer’s knowledge of the incoming client. Consequently, the insurer uses such information to design individualized packages for cases that require different levels of commitment.
Establishing the cause of failure of a charity is relatively more hectic; requiring the filing of adequate documentation with the court of law or the Charity Commission. As the base statement of this essay asserted, the evaluation shows that, indeed, it is easier to apply the doctrine of cy-pres in cases where a charity never existed than where it has.
age themselves in political activities such as voting and jury services, but immigrants are not entitled to such rights whereby if immigrants are found engaging themselves in voting and jury services, they risk being imprisoned or being deported (Jwaller 3).
Bray (54) argues
English laws of a contract have favored the enforcement of the consensual nature of contracts and the major focus has been upon determining the intentions of the parties concerned. However, as noted before, the presumptions that must be exercised by the courts in order to assess the true intentions of the parties have been conditioned based upon common law principles.
The Parenting Plan that has been introduced as a part of the Children and Adoption Bill of 2005 is likely to prove beneficial in the resolution of disputes since the focus of the effort will be in involving both parents and ensuring that the best interests of the child are served irrespective of the personal preferences of the parents.
The Health Act 2006 gives a definitive list of all those places that are covered by the No Smoking Ban and describes in detail the definition of public places so as to give clarity to all persons that the Act applies to. Penalties for anyone in breach of the new regulation are in the form of fixed penalties notices.
There are many ways to reduce crime. There are three major or most effective steps to take to reduce crime: first is through competent law enforcement; second is public support for identifying and attacking the core roots of crime; and third is paying attention to architecture, such as an arrangement of neighborhoods, cities, and other buildings.
The writer puts forward a sensible interpretation of what this kind of crimes require and how they should be punished. The writer might be a little bit harsh in how she wants these crimes to be punished. Perhaps the degree of planning and how far along the planning for the crime is should be taken into account when convicting and sentencing.
The purpose of drug courts is to reduce the amount of backlog in normal superior and justice courts and to introduce the idea of treatment and alternative approaches to drug-related charges into the system. Drug courts will see an increasing role within the justice system, specifically because of popular support for the “drug wars”.
In 1979 the Chinese government imposed a new law that limited the population growth to one child per marriage (Rosenburg, 2011). China is still the world’s largest population with nearly 1.3 billion inhabitants. If the government had not taken measures to control
This paper is going to discuss some of the healthcare reforms in the United States.
In the United States, poor people have enormous challenges that face them in healthcare matters. Some of them are unable to take care of their health due to high cost of
This is often the case when considering small business where personal liability for business debts is not a significant worry owing to the simplicity and inexpensiveness of running the business entity. An example of a scenario where sole proprietorship would be ideal is
Hypothecation of taxes means that the revenue taxes collected from a specific source is used for a specific purpose. An example is that of television license in which the owners of television sets pay an obligatory fee to the Government which in turn uses the collected revenue to fund public broadcasting.
According to the paper the judges of the trial room of federal court have to ensure whether the expert witnesses’ testimony can be relied upon and is relevant to the case. This means that the expert witness testimony has to be relevant and in accordance to the case facts. A weather forecaster may be assigned the duty of testifying weather.
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One of these dilemmas refer to how Michael had used his position as a prosecutor not to convict his friends for the crime they had committed. Michael had full knowledge that his childhood best friends were the ones being prosecuted for a wrongdoing, but in spite of this, he had acted as prosecutor to the case as if he had actually defended the victim although he did not.
Actual possession is the actus reus requirement. A guest in a place where illegal narcotics are held is not guilty of possession of the drugs and would not be found guilty of the offense of possession. The prosecutor must provide evidence that the person in question knowingly possessed the illegal item and was in control of it.
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The law gives remedies if a violation of a contract has been determined. Remedies include reinstating the victim to their position incase the contract not been violated, and reprimanding the breaching party (www.entrepreneur.com).
Relationships between consumers and
A spider web with limitless strings is created if even a single file is shared for free on the internet thus nobody comes and pays the money to purchase the original product which is a big loss for the producer. This whole dilemma is against producer and distributor thus illegal file sharing must be stopped is the demand of artists.
Reflecting deeper on the readings, I denote that it is always difficult to overturn cases that involve miscarriage of justice. Resolving these cases usually takes years, and a person can even be vindicated from the crime after his or her death in prison/ police
The legal transplant has been described by Ngelbrekt and Nergelius as “a process in which a law, or a particular legal institution, is taken from one environment, to be recreated or redrafted in another”. Legal transplant is not an exceptional case in itself although many barriers are separating the legal systems of many countries.
The movie is based on the life of individuals who operate in rented offices and use their ways or illumining wealthy people into investing in their ideas and in the long run leave them stripped of their hard-earned money. These individuals prove even to the old people living their pensions how they can invest in the stock market only to realize that they lost everything they had saved their whole life.
The 2nd part of the 20th Century has been categorized by an augmented interdependence between the countries of the sphere. Unparalleled trade liberalization at the multidimensional, regional and consensual level escorted by the exponential expansion of new material tools have transformed the way autonomous states, industries and inhabitants intermingle among themselves and with each other.
The report of Cork also depicted that there is no scope for any sort of floating charges in contemporary law. This is because of the aspect that Cork believed that having floating charges in the insolvency law will further unfavourably affect the creditors of the company in the long run operations the business.
The various definitions and meanings of caring emphasize the fact that it refers to the delivery of care in a holistic fashion. This holistic way covers the nurses’ responsibility and attitude when providing emotional support; when providing support in the form of information and their capacity to provide practical support (Liu, Mok & Wong, 2006).
The guidelines within this section describe the terms related to the packaging of the goods that will be subjected to inland as well as the overseas transport. This guideline clearly states that the insured will not be liable for any sort of compensation if he or she is found responsible for tampering with the packaging.
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Tonry observes the number of young black men who are either in prison or under the supervision of the criminal justice system. Such statistics should help the law and policy makers to formulate appropriate laws that encourage behaviour change instead of the current laws that encourage the incarceration of Americans.
Bloemenek can also decide to sue the contractor in this case and argue that the contractor neglected his duty by not giving the right advice as to how soon the building should be used before the façade is firm enough not to cause harm. However, this would be depended on whether the contractor had done so in a formal way.
This has necessitated the courts to develop various policies and guidelines that will aid in dealing of family homes in case of relationship breakdown. These considerations have made this issue be termed as one of the greatest debates
It uses the overriding objective provided by the Civil Procedure Rules, which are designed to make accessibility to justice easy. This civil procedure allows the court to analyze issues early enough, control progress, and manage the cases. The court has the power to decide whether the cases should be dismissed or continue to trial.
These roles encompass the formulation of the plans and design for demolition of structures and buildings along with asbestos study and their plans for remediation (Department of
A client and an auditor are usually in a contractual relationship thus meaning that the two parties are in agreement. The auditor thus has to perform their share of the bargain carefully as stipulated in the contract. If the auditor does not conform to the contract terms, the client can decide to sue based on the rounds of breach of contract.
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on making should be purpose driven in that it should be aimed at achieving a specific goal, should be inclusive in that it involves the participation of all involved parties, should be time limited in that it should have realistic deadlines, flexibility in that the deadlines
It is essential to state that arbitral immunity is the protection that arbitrators enjoy for decisions they make in their line of duty. Arbitrators are technically judges appointed by the individuals or organizations in dispute and their work is to make balanced decisions on matters presented to them.
The main thesis of the author in the document is the debate concerning the social scientific concept of law as the focal point for theoretical debates in the 1950s to 1970s era. The issue with this debate that lasted for two decades is the puzzle that exists in the element that the discussion appears to be incapable of resolution.
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Training practices differ greatly depending on the security company or the state. Unfortunately, most requirements focus on quantity rather than quality. Standardization is paramount since it gives the officers a chance to look at security services, not just as a job but also as a career or a profession.