With no clear intentions of entering into a contract under the same terms for the parties involved, a contract might be found not to exist at all. There must be certainty in the terms of the contract so that the contract can be considered sufficiently precise.
Voyage and time charters are the main types of contract that deal with “carriage of goods”1 by sea and they explain commercial requirements of differing parties. “Charter party, in its turn, is a contract concluded between the ship-owner and the charterer with the purpose to employ an entire vessel or some principal part of her for a voyage or series of voyages or for a period of time (see Caffin v Aldridge  2 QB 366;  2 QB 648 for discussion on hiring of entire capacity of ship)”2 Here, I am employed by a company which is in the process of negotiating a time charter of vessels for the ship owner.
Hire a pro to write a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
If one considers it relevant, then they should make reference to the Human Rights Act 1998 and the implications of the jurisprudence on the European Court of Human Rights in this area. The government of the United Kingdom faces legal problems in dealing with issues of terrorism.
This scenario relates to trust law that regulates the relationship of one party’s property benefitting another; the property can either be transferred from one party to benefit a third party or the legal owner may create a trust of property without necessarily transferring to a third party.
The long term objective of having corporate governance in place is therefore to ensure that effective mechanisms are put in place to ensure that failures in the governance of businesses are curtailed2. But as much as this a broad spectrum of definition given to corporate governance in the face of contemporary business governance, there could a rather isolated identity given to corporate governance in relation to company law.
This will include five key regulatory parts: Employee Privacy, Employee Unions, Occupational Safety and Health Administration (OSHA), Employee Retirement Income Security (ERISA) and Fair Labor Standards Act (FLSA). You need to become aware that some laws do not tell how to deal with staff with the exceptions of unions.
The author states that the aggrieved party is entitled to legal remedies available under the law. The aggrieved party may seek an action in court for specific performance or damages. The main reason for remedies to breach of contracts is to compensate the aggrieved party and punish the other party for failing to perform his part of the contract.
It also permits people to entertain and often waste time in a number of games and multimedia content that make them laugh and mourn, pretending to be a magician in a mythological fantasy world. In addition to this, the internet in today’s world is so natural and good for many people, but it is recognized to be in danger of extinction (Quora, 2010).
ius’ mare liberum also advocates that all mankind have a natural right to navigate and fish in the outer seas.4 This right has also survived UNCLOS III.5 What has changed however, is the limits of the inner sea. By the 20th century it became obvious that given the depletion of marine resources, policing responsibilities of states and the right of states to maintain sovereignty over ships carrying their flags, there was a need to expand upon the definition of the inner sea.6 Article 76 of UNCLOS III effectively expands the inner sea of states by expanding on the dimensions of a coastal state’s continental state.7 It therefore follows that coastal states have been expanding their respective
I am requested to give advice to Richard, who wishes to know – whether he is entitled to any equitable remedies from John and whether John has any equitable remedies to get from him. Richard would also like to get counsel about the terms of the contract.
Dr. DoRight, the hospital President, is inter-twined into an ethical conundrum and challenge in attempting to rectify these problems. The Involved Stakeholders The most paramount stakeholders involved in the situation at the hospital are the patients, those who are guaranteed duty of care under established tort laws.
This is because capital reduction “ is a capital re-organisation that has the effect of allowing the return to shareholders of capital would otherwise not be distributable.”2 In light of the situation, it could be said that though capital reduction could have impacted positively on pre-existing shares by raising the value of the share, it would have also brought about increased competition especially for existing shareholders.
However, at often instances, unfair business processes are conducted to obtain extra profits by committing unethical conducts. In this regard, it would be worth mentioning that there are few rights of the customers that cannot be ignored. In order to safeguard the interest of the consumers, government of every country have enforced certain laws or rights that would enable them to fight against any kind of injustice.
Thus, the research question will be what are the plights of Children Asylum Seekers in UK? The centre of debate in the mainstream media and political circles regarding asylum seekers is that they should be treated with suspicion and dealt with firmly since they are not qualified as genuine refugees.
Additionally, the case also made it clear that a breach as a matter of fact can occur in disregard of whether the breach turns out to be beneficial or injurious to the beneficiaries. Furthermore, the Trustee Act 2000 provides that a trustee is responsible for ensuring that reasonable care and skill is applied in duty when managing the trust.
In addition, no warrant can be issued apart from when there is a credible cause reinforced by a pledge or declaration that must describe the residence or the person to be searched or the things to be seized. The provisions of the Fourth Amendment of the U.S.
Therefore, even though the powers of the executive including the president’s authority are always paramount, there is necessity that such authorities or actions be supported by pre-conditions fueling such actions (Robinson, 2009). As in the Duncan’s case, the civilian must never be seen to be threatened by the security that should actually protect them. It should be noted such actions constitutes to violation of human right as provided for in the constitution; thus, they should be evaded at all costs.
This has created a situation where one of the oldest principles of the English laws, that an accused individuals is considered innocent until proven guilty, has come to be flaunted at the expense of making swift decisions.1 The credibility of many of the court decisions have therefore come to be questioned because the fact remains that it is the duty of the prosecution to ensure that it works towards finding the accused individual either guilty or innocent.
It is important to consider some of the remarkable advantages or disadvantages involved in private policing. Private policing has a remarkable reputation concerning the level of its focus given to the private sectors. Private police focus on asset and property protection, which is a definite advantage for individuals owning private businesses.
In this case, the trustee bears an obligation to pass the property to the beneficiaries, either as stated by the settlor or at his own discretion. As opposed to express trusts where the beneficiaries are explicitly stated, in discretionary trusts, the trustee has the power to elect the beneficiaries depending on the class of the beneficiaries declared by the trust.
In light of this therefore, the department decided to carry out an analysis into the issue in order to establish the root cause of the problem. It will also give some insight into what could be bringing about the increased crime within the city. Additionally, the particular avenues and streets that seem to have the greatest numbers of crime will be analyzed.
Obligations erga omnes2 are essentially jus cogens norms3. In this regard, all laws which are geared towards protecting the basic natural human rights are supposedly international law which should be respected by all the members of the international community of states regardless of the sovereignty of any state4.
Definition of the Job Hard work and dedication driven by strong passion remain vital drivers for success in any career. In order to achieve my objective, I work extra hard to pass my final courses at UCF by ensuring that I always maintain or exceed the grades I set for myself when I was a freshman.
ADDRESSING LIBYA’S PAST INJUSTICES Question 1: The Tribunal with Jurisdiction over the Case of Saif al-Islam Gadhafi Libya is one of the countries, which do not recognize the International Criminal Court because it did not sign the Rome statute, which binds a country to the jurisdiction of the ICC.
Dworkin’s article Liberal Community debates the issue of whether or not the criminal law should serve as an instrument for enforcing “conventional ethics”. In this regard, Dworkin’s theory of ethics distinguishes between that which is right and that which is moral. Morality is difficult to codify because there is no universal moral code.
Essay Topic: 3j. Are the constructive trust rules affecting co-owned housing based on the common intention of the parties? Introduction While there are several principles and methods for the imposition of the constructive trust the common intentions of the parties is specifically applicable to co-owned housing disputes.1 The rules relative to constructive trusts in the context of co-owned housing focus on the unconscionable conduct of the legal owner of the property in question.2 Unconscionable conduct as a prevailing legal theme in the rules applicable to constructive trusts in the context of co-ownership is particularly important to intimate relationships.
ESSAY QUESTIONS Name Course Tutor name 12 February 2012 ESSAY QUESTIONS Question 1 How the prosecution is likely to respond to the motion and how the judge is likely to rule The suspects were booked after the police followed a tip of their involvement in a crime.
However, the paper focuses on the English legal system bearing in mind that any system of justice cannot be interpreted in isolation. Guideline in to the European law system focuses on recognition through achieving awareness of the political, social, legal, religion, economic and constitutional systems, which influences the lives of everybody within the jurisdiction covered by the stipulated laws.
The plaintiff can claim compensation for personal injury as well as economic loss under negligence in this case. But she has to prove the defendant had been negligent in his duties towards her with strong evidence. Rules Tort of Negligence According to the definition in the Oxford dictionary of law, Tort can be interpreted as an unfair action or misuse of a particular right, causing trouble for others, paving way for legal charges.
Directors should not deploy themselves in a critical position where they are unable to serve in the best interest of the organization. This inclusive of entering into commercial transactions with other entities where one cannot take decisive part in making a decision for the company.
In doing this, the following pointers of law are relevant: 1. Her rights arising from the ?40,000 contribution she made towards the deposit that gave rise to the mortgage 2. Her legal right as a party whose name did not appear on the registered title. 3. Rights accruing to her as a result of the contributions she made to the running costs of Aniston Villa 4.
The incident causes Susan and Mark to sustain some injuries. In a chain of events, Susan's accident leads to a further issue that interrupts the electricity flow of the company and causes her to lose work meant for the client, ISH-BETH. This paper examines the core legal elements and facts relating to the situation and provides the various claims and defences that can be raised by the four core parties in the case.
According to the present context considering periodic incidence of global warming, international environmental law is generally considered to be a deliberate approach for minimizing the emissions that results from various greenhouse gases in greater efficiency.
Causation is one of the actus reus crimes. This is where a conduct by one or by the defendant is the substantial cause of the consequence or the result. Parties to offences also crop up in this question. When there are different parties to a crime, principle offenders are deemed to have contributed to committing the offence.
Provided the loopholes in the implementation are prevented, diversion programmes can necessarily be designed in a way in which they provide reasonable sanction. But one has to be very cautious in doing this because “neither diversion nor deinstitutionalization programmes” have found much success yet.
Tracey is a florist and has recently purchased some land which will enable her to build and open up her own shop. The land has been purchased from a company called Safebury Plc which has a chain of supermarkets. Safebury Plc has sold Tracey part of their car park, which is large enough to accommodate her shop and a few parking spaces.
Worker benefits and compensation are turning out to be more and more intricate and costly. Companies should cautiously think about both the business's financial needs and the workers' requirements when making compensation and benefits plans.
Administrative Discretion (Name) (Tutor’s Name) (College) Administrative Discretion Introduction Public employees constitute the class of people who work at the public sector under the direct control and administration of government. Although, public employees get comparatively attractive remuneration for their services, they are always vulnerable to salary-cut and other compensations in times of national contingencies.
The author states that debts are usually classified as secured and unsecured. Secured debts originate from valuable assets that come with a security agreement allowing a creditor to take back the assets if a debtor fails to pay or abide by the terms of the agreement with the creditor. Car leases, home mortgages, are examples of secured debts.
The court ruled by a narrow 5-4 margin that the Arizona program promoting school choice can continue − dismissing a lawsuit waged by the American Civil Liberties Union on behalf of taxpayers who disliked the program.
The case was initiated by lead plaintiff Dukes who represented some 1.5 million employees and was filed against the company Wal-Mart for injunctive relief, punitive damages, and back pay on behalf of themselves because of Wal-Marts alleged discrimination against women in violation of Title VII of the Civil Rights Act of 1964 (Wal-Mart 1).
Discuss one way in which you would improve the current scenario in regard to corporate governance. Introduction The corporate world is full of stories and events- some good and some bad, some which make the news and some which never see the light of day. Competition, personal greed, pressure from stakeholders and other sources are some reasons why business managers, owners and CEOs indulge in bad and unethical business practices like embezzlement and misappropriation of funds, false accounting records, misleading valuations of assets and liabilities and a whole lot of other things that bring a bad reputation to themselves and the companies they represent.
Unlike air traffic controllers, aircraft dispatchers work directly for the airlines, as well as in some cases being protected by a union-like agreement through non-profit labor organizations, such as the Professional Airline Flight Control Association (PAFCA) (“Professional airline flight”, 2011).
US Supreme Court Case: AT & T. v. Hulteen
The instant case is a United States Supreme Court case in which the primary issue was to determine whether the Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k) is violated by an employer, when pensions are calculated on the basis of accrual rule, giving less retirement credit for pregnancy than for medical leave (AT & T Corp v.
Force is a technique that is needed in order for police to perform their day to day duties; however there are no widespread regulations about what constitutes unreasonable levels of force. There is concern among the public that there is not much control over the way that the police use the power they have and that the control over this is limited.
mendations that were put forward by the IPP Committee in Australia. The move brought into fore unprecedented amount of law reforms that touched on state, private sector and territory government levels in the legislations dealing with negligence, liability and damages.
The central idea of retribution is that those who commit misdemeanors must experience some of suffering for their miss deeds. In the United States, retribution however, has become the ideal objective of punishment, while rehabilitation also is equally taken into account.
In this connection the sentence of capital punishment had long been debated for its role to eliminate the most heinous crime in a society, the murder of a human being. Capital punishment defined as an “appropriate killing of a person who has committed a crime against community” (Fletcher, Lynda, Lynda & Dreama, 1993, p.78) is among the serious dilemmas that human society has faced as a whole because research in the field has failed to provide platform for a consensus on issue.
The duty to care can be summarized in this phrase: every person must be responsible for all the consequences of his acts. The tests for determining the existence of duty or obligation to care were laid down in the cases of Donoghue v. Stevenson, Anns v. Merton London Borough Council, and Caparo Industries plc v.
5 pages (1250 words)
, Download 2
, Research Paper
This seems to be a good fit with the reinventing government concept of the 1990s where there was a greater emphasis on customer service by public administrators to treat the customer right (Bach, 2009).