Law Essays

To what extent will the assured’s failure to disclose every material circumstances allow the insurer to avoid a contract for marine insurance? Maritime contracts embraced charter parties, affreightments, marine hypothecations, contracts for averages and contributions, and also policies of insurances.

The author states that in cases where there is a disclosure of information to a third party outside Canada for processing, the Canadian organization in question must have permission or consent to do so. It is necessary to ensure that every organization’s foreign organization follows the same requirements that would apply for Canadian operations.

The American government’s foundation based on the division of system of being divided into legislative, executive and judicial branches with the capacity to restrain the others from exercising their authority with control or oversight has proven to be an efficient and reliable method of governing the country fairly and, so far, without the fear of tanks rolling down the streets to provide military support.

The courts developed various tests to establish whether a duty of care was owed by the defendant towards the plaintiff. However, the courts have departed from their strict adherence to the concept of duty of care and now subscribe to the rationalisation that is based on the principles of fairness, justice and reasonableness.

The purchase of the Camelot property created relationships of trust under the English Trust Law. There are two kinds of trust: express and implied. As the term implies, Express Trusts require a clear, unequivocal intention of creating trust; one that is reduced into writing. The facts of the case reveal that there was no such agreement put into writing respecting the purchase of Camelot.

JUSTICE ROBERTS announced the judgment of the Court and delivered an opinion in which JUSTICE THOMAS, JUSTICE ALITO, JUSTICE KENNEDY, and JUSTICE SCALIA join. This case is heard on an appeal from the Ninth Circuit Court of Appeals. This case arises out of the review of text messages sent and received by Sergeant Jeff Quon (“Appellant”) of the City of Ontario's SWAT team.  

Before the introduction of digital technologies and the Internet, the absolute majority of ordinary citizens did not come across intellectual property rights. In the new millennium, they cover different spheres of our life such as education, search, and usage of information, music, watching movies, and even usage of home appliances.

With regard to the judicial approach to the battle of the forms, it is evident that a strict approach to the last shot principle is not always appropriate in light of the commercial intentions of contracting parties and commercial realities of the contract. In turn, this has led the courts to specifically consider the factual circumstances.

If one company is allowed to do businesses like electronic shopping without other businesses involvement, it may cause a lot of delay to customers. Other customers may not be able to buy through the same company. This law can be changed so that individuals and business premises can share information freely.  

This paper presents a case of Paul Trune against a farmer who allegedly falsely imprisoned him in relation to the Herbst v. Wuennenberg case in which the plaintiff’s complain for false imprisonment was disapproved by

to tort laws, the Attractive Nuisance Doctrine states that, people who own land may be held responsible for accidents that occur to children trespassing on the land (Okrent 22). This law applies if the risk is caused by dangerous objects, or some features of the lands that are

Immigration of persons poses serious socioeconomic and political ramifications to the hosting nations, causing inherent attitudes of rejection of unauthorized and uncontrolled entry of persons across territorial borders. The most important factors of national security dominate the reasons for the denial of free entry of persons into a country.

The term corruption describes activities that range from bribery to preventing the course of justice and the exercise of power for personal benefit. Commentators vary in the depth of corruption definition as some count sex on duty as misconduct and others take it as a form of corruption. In my paper, I will analyze this spreading vice among the police.

Congress enacts federal laws, and makes sure that they are being followed properly throughout the state. City councils and county commissioners pass

Travis Hirschi and Michael Gottfredson proposed a General Theory of Crime in which they explain the tendency towards the act of committing a crime (Adler, 2010, p.169). They believe that the model proposed by them explains that individuals have an inclination towards committing all kinds of crime including all those crimes that are violent and non-violent in nature (Hirschi, 1994, p.21).

Lawrence (Philip Glenister), a young photographer crafted for them a tasteful nude calendar. They used the same piece of the art and managed to

Cert. criteria are strict and petitions are highly subjected to assessment in order to determine their certworthiness. The ultimate objective here is to

Despite warning Sheila that it may not be in her best interest to disclose these records, she has refused to assert the privilege. By releasing her records, Sheila may be placing herself at a disadvantage in the sense that this involves privileged communication that is antagonistic to the system of justice.

The author states that the personnel and staff members operating in workshops are vulnerable to injuries due to their working environments. The common law in the UK states that all employers are accountable for the protection of their staff members by having a suitable working environment for them.

When it comes to the working level, they are responsible to give the essential information in order to give the best way to assign the resources of the state.  From the public point of view, it gives pointers which help in judging the degree of the performance related to criminal justice. 

The English contract law is basically incapacitated by the constricted range of settings from which English judges are drawn. The rules of contract law should mirror the demeanors of ordinary members of society and dominate by the old boy’s club. There is an urgent need that the English judiciary should be represented by the middle class judges.

The disappearance cases are often thought to be a result of extrajudicialkillings and other forms of murder. The spread of the new that such a number of women have disappeared over the years with little government commitment leads to the questioning of the commitment of the government towards the protection of the natives.

The question can be answered briefly with the definition that there is more than one way to look at a particular situation and deduce whether the aspect taken is the most accurate and conducive. Authors have claimed that the mixed methodology offers a

One thing that can be noted, however, is that this war is disrupting the normalcy of the Iraqi people because they are being constantly

For this reason, law perfectly is used to ensure that there exists peace and harmony that is beneficial to everyone. However, reality proves complex in such a context. The chances of peaceful coexistence among parties who often have different ideologies and interests are purely hypothetical.

The CJEU is clearly still using the Plaumann test in the interpretation of the second provision of Article 263 that demands a natural/legal person have a direct and individual concern when instituting proceedings for judicial review in the EU Court. The decisions made in the Innuit and Telefonica cases give credence to these assertions.

Courts have witnessed that there is a likelihood that the ruling of the separate issue will not decide the issue but will only lead to an appeal from that ruling in references to that different issue, leading to a multiplicity of proceedings, disruption to the court cases, and undesirable disintegration of the proceedings that is why it is significant, at times, to lift the corporate veil.

It is an agreement, enforceable by law, creating obligations for the parties entitled to it. The primary element of a contract is: Mutual assent: this means both parties have mutually agreed to enter the contract. It is an agreement by both parties to a contract. Mutual assent must be done objectively and is often established by creating an offer.

Procedural unconscionability refers to conditions that hinder one party from understanding a contract and also from comprehending the integration of terms into a contract. On the other hand, substantive unconscionability refers to a condition whereby a contract is overly harsh or unfair to one of the contracting parties.

With the amendments of the treaty and the use, preliminary reference procedure ECJ was able to transform itself into what cannot be easily stopped. The fact that no strong political action could stop its ruling particularly on the preliminary ruling which is unappeasable and the various applications of the principle of supremacy of the EC laws. 

As we know, the breach of law is punishable. In the above-given scenario, both Alan and Doctor Chris should be punished for causing the relevant offenses as both unlawful act manslaughter and medical negligence is a crime. “A crime would seem to be any undesirable act which the state finds it most convenient to correct. 

Whilst it should be stressed that information in its absolute form does not amount to power; on the contrary, it is the possession, use, and control of this information that creates the enabling empowering environment.

Like many other businesses, we also use cell phones as we have to be in touch with our sales representatives and other employees. The sales representatives use cell phones when they are on their job missions. The job of sales representatives is related to driving and journeying and they have to attend calls when they are driving.

An obvious question arises: what is the function of law in society? Malcolm Shaw observes, “Law is the element which binds the members of the community together in their adherence to recognized values and standards… Law consists of a series of rules regulating behavior, and reflecting the ideas, and preoccupations of society within which it functions.

At the franchise location covered by the agreement, in addition to negotiating real estate sales and purchases for clients, appellant also maintained an escrow department which represented to the public at large that it was operating under a Century 22 franchise. Appellant charged its sellers and buyer separate and distinct fees for escrow services from fees collected on sales commissions.

The Constitution, which had replaced the Articles of Confederation, details the rights and privileges that the people of the United States are entitled within the restraint of the law and are still in use today as much as they had ever been, with the first ten articles being known as the Bill of Rights.

As the study, United States vs. Antoine Jones, stresses the agents installed the GPS tracking system after 11 days of the warrant. They monitored the activities of Jones for a month, and collected data to try to link Jones to any drug safe houses. After collecting the surveillance data and information, the agents obtained an arrest warrant for Jone.

Contractual unconscionability is the tendency of a contract to be extremely favorable to the side or person with superior bargaining abilities. According to the case study, I consider the decision taken by the credit company to be against the majority. The

The form of interview used in this survey was the structured or closed interview. Structured interview was not the best choice because closed interviews have flaws that make it impossible to discover new things. A closed interview is described as a

The sentencing stage comes after the trial stage and is before the appeal stage (Larry, 2010). If a defendant is guilty of a felony and is facing substantial prison time, the judge in the case waits until he / she hears from the defense and the prosecution.

A market participant is a party that is acting as a producer, supplier, or consumer of a marketable good or service. Under this doctrine, a state enjoys an exception to the scrutiny by the commerce clause which greatly impacts on the state producing the goods or exercising a subsidies’ program or any other economic incentive geared towards aiding the in-state commerce.

The rule of evidence incorporated by this system has an overall effect on the capacity of the system to identify truth because of delay. The subjection of both parties on the same formalities results to scant comfort. This will not guarantee a fair result because it is inadequate at the conceptual level (Leo, 2009).

First of all, the manager has done all he could as the contract requested from him. The party was organized as a director of the company ordered. Director is therefore in musts to pay for the services provided by the hotel in order to fulfill its part of the contract. If he doesn`t, the manager can go to court; then the director will be in a compulsion to pay to the hotel.

The opinion does not suggest that a hotel may charge any rate the innkeeper wishes to as it cites the common law whereby the hotel may not take the advantage of the fact that travelers during night-time have no other option but to spend the night in the hotels and charge exorbitant or unreasonable fees to guests. 

Disclosing of the information to the judge would result in to benefit to the authorities and harm the inmate since he is already

It provides leadership for more than 78 global AI locations. With an estimated 3,150,000 worldwide members, the agency touches lives of over 149 nations.  AI continues to be successful in achieving its aim to reduce human rights abuses. In terms of the Canadian landscape, the international group has more than 2,900,000 supporters and members.

According to the proponents of the model, the most important function of the criminal justice system is to offer due process. The system should also concentrate on the rights of the defendant. They derive this from the bill of rights, which they claim provides the rights of the defendant and not the victim. 

More individuals were diagnosed with a certain disability in order to reap the benefits. For instance, throughout the 1980s- many legislators were reluctant to pass this law. The gravity of this situation is the fact that the act can encompass all sorts of disorders that are not considered to be a disability.

Apprendi is convicted for firing multiple shots into the home of an African- American family on December 22, 1994. The petitioner recorded a statement with police

The contract of sale hence does not have any inclination on the carrier contract of the goods.1 Part five of the Marine Liability Act, which was Initially Carriage of Goods by Water Act regulates and governs the conveyance of goods by the sea. Pursuant to