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Pat is a computer software consultant who entered into a contract with Big Industry Ltd. According to the contract, Pat was to design four computer programs that will be used to run automated manufacturing machines. Pat chose this contract hoping it would lead to work that is more lucrative in the future (Vogenauer, 2006).
It is essential to state that a contract can be described as a legitimately enforceable settlement between two or more parties that compels each party to fulfillment of certain activities. According to Bernard, (1987), the term party may be intended to mean an individual, a company, or a corporation.
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Hague Visby Rules are applicable to the classic rule of “tackle to tackle”, before loading and after discharge. Finally, the paper has explained a carrier’s duties to provide a ship that is seaworthy, to do proper loading, to provide a bill of lading when the shipper demands one, and to properly supply, equip and operate the ship.
Upon the reporting of a crime by the victim, the police should gather evidence and preserve it for prosecution. Such evidence may include broken property, stained clothing, beddings and weapons. In certain cases, the victim may delay in alerting the police. In such a case the victim has the role of preserving the evidence.
The tort of negligence can only be brought by a person to whom the duty of care is owed by the defendant. For the claimant to be successful the following must be proved: The existence of a duty of care owed by the defendant to the plaintiff; Breach of the duty by the defendant; and damage or harm to the plaintiff arising from the duty to take care.
The methodology demands that the law court ascertains the real objectives of the parties involved in the contract in terms of orientation so that a sensible individual can interpret what the linguistic nature of the contract means. It hence calls for consideration by text and of the surrounding circumstances, as well as the purposes of the transaction.
The determination of whether an activity being carried on is a business or hobby is important because, under the tax law, there are certain advantages that are extended to a taxpayer as well as certain obligations imposed on the such taxpayer. Whilst a mere hobby is not subject to taxation, this advantage can be a disadvantage because the losses incurred cannot be deducted from assessable business income.
For taxation purposes, it is important to distinguish between a hobby because the law imposes certain obligations as well as extends several benefits. Although taxation legislation has defined the word “business” this is not enough to serve as a guideline in determining what actually constitutes the carrying on of a business for taxation, purposes.
A judge refers to an official who supervises proceedings in a court. A jury refers to a body of persons avowed to judge and offer a verdict on a case presented in a court. An offender refers to a person who breaks a public law. A prosecutor refers to a person employed by the government to prosecute individuals for crimes.
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Police play a critical role as “gatekeepers” to the criminal justice system. To fulfill this duty, they employ a number of crime control strategies to govern public spaces. These strategies are often perceived differently by different stakeholders; for instance, some groups may appreciate the role of the police in controlling crime, while to some people, the actions of the police may see as targeting certain groups.
The report begins by giving an introduction of what a business entails, giving some of the common and statutory rules applicable in business, any drawbacks or benefits of being taxed as a business, how to determine if an Enterprise is a business, and lastly whether there are any negative gearing in Division 35 provisions.
If the law allows many activities to be defined as a hobby for taxation purposes, the Australian taxman losses as the possible sources of tax revenue are constricted. On the other hand, defining a wider range of hobby activities as businesses means they will be able to make a loss deduction meaning a constriction of the taxman sources occurs.
This determination gives a reflection of the essence of laytime although it does not completely reflect its content and importance. Conditions on laytime impose obligations to both the owner of the ship and also the charterer. The conditions guarantee the interests of these two parties. The owner of the ship is obligated to present his ship for loading and discharge for a certain period of time without any additional payments.
Ostensibly, there have been problems mainly related to the interpretation of forensic evidence. In most cases, in the various criminal prosecution, as well as civil litigation, numerous forensic evidence is offered in support of the conclusions about individualization, which are sometimes referred to as the matching of specimens.
The WTO system provides its members with control over unjustifiable export restrictions. The system members are bound to eliminate any arbitrary or unjustifiable restrictions on exports to Saudi Arabia that are essential for the development of its industrial and agricultural production and its service industry alike.
Regarding the second question which stated that if the relevant legislation purport to authorize the detention of Mr Al-Kateb, was it invalid because it did not comply with the legislative power or requirements of the Commonwealth? The majority concluded that the relevant legal requirements were under the legislative power of the Commonwealth.
The word ‘crime’ conjures up images of rape, drug abuse, murder, terrorism, drug trafficking, aggravated assault, armed robbery, arson, or similar acts. This kind of presentation has been perfected in the media. Criminality and crime are socially constructed and the public perception of criminality is formed from the representations of the media.
Justice can be defined as that concept based on rationality, religion, fairness, ethics, equity, and rationality taking into account the inborn as well as inalienable rights of all citizens and human beings. Additionally, justice calls for individual and people's protection before the law and their civil rights without any form of discrimination based on national origin, gender, ethnicity, and age.
There are four main essential elements of a contract in common law jurisdictions such as Australia. They include offer; acceptance; consideration; and Intention (Burton 2009, P. 45). An offer is a promise made by an “offeror” that is capable of becoming binding upon being accepted by the “Offeree”. It can take the form of an act or maybe the form of an oral or a written statement (Burton 2009, P. 46).
Incidences such as the Sandy Hook shooting are on the rise and may continue to be because of the availability of guns in a culture that facilitates their tragic use. More significant is that males are often the ones perpetrating gun crimes. Society has socialized them to define their male identity through violence. Their upbringing has taught them to expect privilege and power.
From a business lawyer’s perspective, Ted’s departure and prolonged absence affects his position in the partnership as he ran the risk of being sidelined. First, as a partner, he is a major decision-maker in the business. However, that is not the case when he leaved for his Inuit village inside the Arctic Circle.
It is quite essential to state that at least 50% of women aged between 15 and 44 years have abused drugs at least once in their lifetime. A large percentage of male drug users participate in treatment programs as compared to minority ethnic and women drugs who do not participate in considerable numbers.
The power of the court to review administrative action is a vital aspect of the rule of law. It involves the means by which an independent judiciary is summoned upon to establish whether an executive government arm has acted within its jurisdiction to exercise executive powers as dictated by the law.
Generally, a contract is an enforceable agreement between two parties. Electronic contracts are contracts that are formed using electronic communications. A valid contract must have the following basic elements: an offer; acceptance of the offer; certainty; intention; and consideration (Christensen, 21).
In most common law countries such as Australia response to crime is geared towards two directions; innovative methods meant to guarantee justice for both victims and perpetrators; and traditional methods whose main aim is to punish the perpetrator and to deter other perpetrators from committing the same crime.
The Volksgeist concept is one of the concepts in law which has a great influence on the thoughts of many scholars across the world and he attracted many followers. Among the followers of Volksgeit theory is one other than Karl Marx, this paper discusses how the theory and writing of Fredrick Carl Von Savigny influenced the thoughts of Karl Marx about the law.
The rules have been put in place to monitor the business firms not to go overboard for self-interests but to take care of the interests of the consumers. Business rules and regulations Acts are one of the tools the governments use to bring order and sanity in the business world; through this, the governments are able to protect the consumers from being fraudulently exploited by business firms.
Under the common law, the trial judges are required to assess the probative value, and then evaluate weight if the jury could rationally attach to the evidence submitted before the court. In Dupas v The Queen [2012] VSCA 328 case, the conclusion was not in agreement with the continuous line of the court’s authority.
In this case, the consideration of legal positions is established by legally recognizable documents such as written agreements, and acceptable oral undertakings such as those categorized under the will like nuncupative or reciprocal/ husband and wife will. In the strictest sense, testaments are limited to personal property, unlike the will which covers real property.
The movement of people and goods across countries’ borders has become a major concern to governments all over the world. The emergence of terrorists, human trafficking and illegal immigration have compelled governments to legislature laws to control the movement aimed at preventing unlawful movement of people and goods, protecting the community and maintaining the integrity of the borders.
Expectancy cannot be given any consideration in a trust. A trust is only created based on the property that is existing. In the case of Re Ellenborough (1903) 1 Ch 697, HC, a decision was made stating that the creation of a trust cannot be done concerning expectancy or even future property; like in an anticipated interest.
Drug use among females seems to be on the rise in many parts of Australia as well as other parts of the world. According to recent research on arrestees, substance use and abuse are greater among females as compared to male arrestees (Inciardi & Surratt, 2001). The studies indicate that the number of females who have been arrested for drug offenses has increased significantly over the past few years.
Accessing such information as criminal records is a very critical matter as the hacker can tamper with the records, additionally, hackers can be able to trace police movements and hence manage to evade them. Hackers also referred to as cyber criminals, can collaborate with violent criminals to antagonize the police and other security forces
Section 124 of The Corporations Act of 2001 gives companies equal legal capacity with individuals including the power to make contracts and enter into an agreement (Farrar 2012, P. 43). Section 125 of the same act further states that an act done by the company, including entry into a contract, will not be invalidated on the mere basis that it is beyond the powers given by the constitution of the company.
Before any planning system is set the people’s interest should be considered so as to assure the plan does not go against what people prefer. Public interest is important for any planning system because there is a need to consider what the people want so as to mind their future. It is also important because the public will always care for any system that will threaten their lives in any way.
The report examines and proposes reforms to the “Professional Conduct and Practice Rules” as a procedural law. Procedural Law is the law regulating the manner in which cases are litigated and concluded in Courts of Law. These rules prescribe steps followed to enforce a right as opposed to substantive law that defines the rights and duties of citizens.
The paper gives the introduction of the Act, highlighting its major components before embanking in comparing the piece of the legislation in South Wales and Southern Australia the paper gives the relevant decided cases concerning the Act and also discusses the constitutionality of the law by comparing how it affects the fundamental rights of the people and the security of the country in general.
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Questions and concerns about ethics sit upon the pleadings of a lawyer and accompany the lawyer while he rushes to represent clients in a court of justice. The silent question of ethics and value hangs suspended whenever a lawyer plays his role. A lawyer has to make a choice. There exist difficult and common ethical dilemmas that contemporary lawyers cannot avoid in their legal practice.
Several scientific methods are applied in studying criminology. The reaction of society towards a criminal and the disposition of a criminal towards society are matters for investigation and help in understanding crime. Several arguments have been presented in support or against the brutalization of the public by the use of the death penalty.
In the assignment of future property in equity, the type of assignment is important to consider. It is therefore important to distinguish between a legal and an equitable assignment. An equitable assignment gives the assignee an equitable interest in the property while it is a legal assignment; the assignee obtains a legal interest in the property (Watt 2009, P. 30).
Culture is a term used to describe a set of values that members of a particular group hold dear and norms that this group chooses to follow as well as the material goods that the group creates. On the other hand, society refers to a system of relations that connect people who share a similar culture. Culture and society have an inevitable nexus with each other.
According to the Western Australia penal code, any behavior that embarrasses and disrupts the peace of the victim and the people around is being disorderly. Therefore, in this case, Jonny’s actions can be termed as being disorderly as it has been provided in WA S.74. Disorderly behavior in public is an offense that is punishable according to Western Australia law and attracts a fine of $6,000.
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Until the year 1955, when one was charged with murder in New South Wales one was sentenced to death and this was clearly stipulated in the Crimes Act 1900. The defense of provocation came into place so as to lessen the harsh effect that the law had in instances when the defendant had been forced by circumstances to act in a certain way or portray certain characteristics.
Taxation disputes between tax authorities and incorporation are surrounded by a lot of controversies. In most cases, incorporations contend the right of tax authorities to tax them. Residency and source arguments are some of the arguments advanced by incorporation when they challenge the right of the tax authority to charge them withholding tax.
The issue at hand, in this case, is whether Andy’s Hospitality Equipment entered into a contract with ten of its customers when it sent them a letter concerning the Quick Chill units. In order for a contract to be formed one party has to make an offer and the other must accept. The offer and acceptance show that both parties are in agreement.
The doctrine of law is remarkably wide considering that it has to cover every element in society. The two broad categories of law fall under civil or criminal law (Furmston, Cheshire & Fifoot 2006). These are the two broad jurisdictions instituted by law. The major difference between civil and criminal law is the sentencing after the accused party is convicted.
Hume argued that if the government can be traced to its basic origin in woods and deserts, it would mean that people are the main source of power and jurisdiction. Therefore, people voluntarily abandoned their respective native liberty to promote peace and order which clearly indicates that people accepted laws both from their equals and companion.
Thus, young children ought to be perceived as active role players in their lives and must be recognized as such and not merely passive subjects to adults who provide and care for them. This paper will render participation rights the center of attention under the United Nations Convention on the Rights of the Child (UNCRC). Participation rights imply the right to involve in various activities that are drawn from a broad perspective.
Corporation law and partnership law though considered differing on the basis of a separate legal entity a common aspect of them is the issue of agency. An agent is usually considered to be a person who acts on behalf of the principal as well as an agent does have the power to bind the principal and third persons.
Iran’s criminal justice system is based on Islamic law or what is commonly known as Sharia. The constitution of Iran asserts that the judiciary is independent and is under the Ministry of Justice. The Ministry of Justice oversees the whole legal system including the Supreme Court, the regional courts, local courts, and revolutionary courts.