It is the first of its type. They tell a close friend, Richard, about the engine and that they plan to apply for patent protection. The next day Richard takes some of the engine designs from their workshop and speaks to three large car manufacturers about the possibility of developing an entirely electric fuelled car.
Accordingly, an agreement is considered an arbitration agreement when it constitute an arbitration clause or has provided arbitration as the ultimate method of dispute resolution1. Arbitration does not arise automatically as a possible method for resolving the dispute unlike seeking courts assistance.
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After the jury has reported to the courtroom, they are not allowed to get or give information to anyone who is not part of the jury otherwise the court would end up with a mistrial. It is within the courtroom that they decide the facts of the case only without impartiality.
An ideal state or territory is considered to be where people live an organized life; violence is avoided; the environment remains subtle and calm; people are at peace; and the crime rate hardly even affects the society.
The labeling of people as criminals is not as straightforward as the average person might imagine. Issues of race, social class, cultural and sub-cultural values, substance addiction, intelligence, life opportunities, mental and personality disorders, political persuasion, and other marginalizing factors complicate the designation of one citizen as law-abiding and another as criminal.
This is a report on correction management that seeks to identify, analyze and recommend solutions to issues facing the Mermon Correctional Facility. The correctional facility faced a problem in the year 2010 and a number of issues have emerged in relation to the management of the facility.
Microfinance has achieved the distinction of being an invaluable advance in financial markets. Nevertheless, the extent of its influence in mitigating poverty is difficult to assess. This work deals with an analysis of the effectiveness of microfinance in reducing poverty.
2 The extent to which the free movement of EU workers is permitted despite the government’s policies to reduce immigration is further complicated by EC Directive 2004/38 which replaces Regulation 1612/68. EC Directive 2004/38 permits EU workers who immigrate to other member states to have family members and dependents move with them to the host member state.3 The European courts have consistently ruled that the effect of the EU’s free movement of workers policy and laws, member states are required to remove all obstacles to facilitating the objective of permitting the free movement of workers.4 In this regard, the ruling in Singh is instructive.
Section 76 (1) provides that a confession statement may be admitted against the accused person “if it is relevant to any matter in issue” and “is not excluded by the court in pursuance of this section.”2 Section 76(2) of PACE basically provides that a confession statement may not be admitted into evidence unless the prosecution proves beyond a reasonable doubt that the statement was not obtained by oppression or as a result of “anything said or done” which likely “in the circumstances existing at the time” may render the confession “unreliable”.3 The main purpose of Section 76 is therefore to ensure that confession statements may only be admitted if they are not obtained
The idea is that the greater the threat, the greater the risk of inaction, and the more compelling the case for taking anticipatory action to defend, even if uncertainty remains as to the time and place of the enemy’s attack. Therefore, in order to forestall a certain act of hostile by an adversary, the US should act pre-emptively.
Corporate behaviour is under increasing scrutiny as members of the public look for and demand social responsibility and values. Corporate branding and corporate reputation are significant for communicating corporate social behaviour and social values. CSR activism has emerged to challenge corporate branding as a means of putting pressure on corporations to change their behaviour and to conduct their commercial activities in socially responsible ways.
A director is a person who is appointed to execute the day to day management concerns of a company. It is a prerequisite that any public company must have at least two main directors and a private company in the other hand must have at least one director.
Knowledge of constituent aspects is important as it ensures the success of the respective events. London National Wedding Show is an event of great national importance. Through this, organizers are able to explore the social, economic and cultural aspects of the society.
Negligence is an accidental or unintentional tort which occurs quite often in society. In order to succeed in tort suit for negligence as reflected by the case of Capiro Industries vs. Dickman (1990), the plaintiff must prove the existence of all of the following statements: The defendant owed the plaintiff a duty care The defendant failed to act as a reasonable person The breach of duty care was the proximate cause of injury to the plaintiff The plaintiff suffered some form of actual harm or injury As such, this essay seeks to answer three tasks related to the given case study and show how these are related to the law of tort.
Most of these books and journals were located in the University library. Some of the journals were accessed on reputable and credible online library, specifically, Ashford and Proquest Online Libraries. These sources provided information on how article 3 does not dictate a minimum standard of social support.
Planning processes in many countries including the UK operate as administrative systems. The planning organizations and agencies responsible for management of natural and built environment agree on programmes and policies that instigate change, prepare for development and promote sites.
The author of the paper states that in these modern days characterized by technology driven market place, there are many negotiations, and structuring a number of agreements for ringtones, digital downloading, digital content, P2P distribution, aggregations, web casting, and forms of API licensing.
The massive oil reserves of Polenskya is a clear example, and the following section highlights the facts on the ground with respect to Polenskya and issues touching the actions to be undertaken by Atlantic Oil Company-as the interested investor.
He also lost two teeth. As a result he claims damages for personal injury against Mr. Scott. When the accident occurred, Mr. Scott was holding a telephone conversation while driving. Scott was still on phone when Mr. Marshall came out of Caldwell road which was a side road of the main road that Mr.
The death penalty, or capital punishment, is the act of granting the state power to execute an individual convicted of certain crimes. Deterrence is the idea that the example of punishing one crime can prevent future commission of crimes by the criminal or other would-be criminals (Melusky & Pesto, p. 109).
The later part sheds light on some of the main issues discussing them in detail and also mentioning the consequences of these issues. The issues include sexual abuse, wrong methods of therapy, lack of educational facility, undue punishments given by the legal system due to public pressure, the ill execution of the grievance reporting procedures, and the confinement of juveniles in adult prisons.
The author states that the rights and interest of cohabiting couples and their offspring are no less than those enjoyed by married and civil partners however these rights are not found in the family law. The lack or exclusion of cohabitation relationship in the coverage of family laws should not be regarded as discriminatory.
In spite of being dissimilar, the connected between the two seems extricable such that they appear to be two sides of a coin. All laws, which based on assessment of bias, use these two notions together. The laws that do not employ the two terms are the English Arbitration Act and the International Chamber of Commerce.
A number of cases attest to this development. First, there was the Burlington Northern & Santa Fe Railway v. White case of 2006. In this case, the court held that any adverse action instituted against an employee might constitute a “retaliation action’ if such an action has the capacity of deterring a rational employee from raising a complaint against his/her employer (DelPo, & Guerin, 2011).
This has significant implications on the various stakeholders that are affected in different ways by the respective trends. Over time, firms, nations and states find it difficult to maintain an upward growth with regard to economic development. This is because of the negative effects that are associated with frequent changes in the financial markets.
WORLDCOM ACCOUNTING FRAUD. WorldCom is a telecommunication giant in the US telecommunication industry. Faced with the slowdown in the telecommunication industry, WorldCom began to realize a decline in their stocks. This placed the company management under pressure to improve their financial performance in the highly competitive industry.
Secondly, is the issue regarding the patentability of the invention (as the Senior Professor from the University of Westshire has said that the drug may have not passed the non-obviousness test). These are 2 separate issues and need to be handled separately so that the rights of the patent holder can be enforced and that a worthy invention does not lose out on a status that would ensure protection and profits for the owner.
However, in contemporary times there has been an eminent shift from the social aspect to the business aspect of sports. Sports have emerged as one of the most lucrative ventures not only for participants but for people who own the different teams. This has drawn a lot of interest across the globe and from all quarters.
Nevertheless, this case laid the ground for proving a libel. In this regards, there are several ways for proving that a label actually took place. In the case of the United States, for example, a person must first prove that the statement was false. After proving this, the person must go ahead and prove that the statement actually caused harm.
However, under certain terms, the above rules cannot be enforced. Conflicts of interests between employees, managers and shareholders lead to the deterioration of communication within the organization. In such environment, the protection of rights of minority shareholders, whose power to fight for the protection of their rights is limited, cannot be promoted.
This paper discusses how globalization brings about changes to the corporate governance in East Asia. This paper examines the recent change or governmental reformation of Japan, China and Singapore in terms of corporate ownership structure and governance.
Should DART fail to satisfy the terms of the loan agreement, the lender will have the right to take possession of the asset subject to the fixed charge. This limits the extent to which the company may deal with the asset subject to a fixed charge until such time as the loan is discharged.
The organization was founded in the year 1960.The oil production of these countries accounts to almost one third of the aggregate global oil production. This mammoth production is equivalent to 75% of the total known oil reserves.1 The price mechanism of the international oil prices is largely influenced by the OPEC countries with the practice of negotiation among the member nations by setting export quotas for themselves.
Thus, in Australia just like UK privacy laws mostly impede communication and cooperation involving government child welfare agencies, and non-government organisations to work effectively. There are inconsistencies in the way in which such laws are, in addition to having principles that are impractical.
Antitrust laws are body of governing principles that seek to enhance favorable business environment through promoting fair competition as well as protecting consumers in addition to wronged competitor businesses against anti-competitive practices within the business environment.
The essay tells about dilemmas with which law enforcers encounter in their daily operations and execution of duties. The available literature on the issue categorizes law enforcement dilemma into three categories that include discretion, duties, and expectations. The literature also indicates that available literature for law enforcers lacks critical link between theoretical aspects of dilemma and reality
The effectiveness and appropriateness of mediation is that it gives individual parties chances to express themselves with assurance of maintaining confidentiality of the views. Mediation also ensure protection of human rights as the process provides an open ground for free expression of opinions as to the way forward out of the conflict faced.
The law is clear on the required procedure to be followed in handling personal injury claims. The solicitors of both parties can agree on the nature and amount of compensation to be made and the case is settled out of court. The essence of this alternative dispute resolution mechanism is time and cost saving.
In the above three cases, there have been a failure to consider for deportation of foreign prisoners who are held under terrorism charges which illustrated an obvious necessity to overhaul the HRA4. It is to be observed that HRA has created a scenario where it was deemed that all public bodies in UK would adhere to the Convention and offered power to the UK courts to hear challenges to any infringement.
Amos should fix the duration of the lease term with certainty; it is not adequate to set the duration by reference to a future event. The common law and statutory covenants apply in case various matters arise. The guidance is found in the stated terms in the agreement, statute, and the common law when attempting to solve a problem amid the two parties.
Taking electronic commerce (e-commerce) related initiatives, the European Union (EU) aimed at boosting the Union’s economic prospects, improving its competitiveness and facilitating its progressive adaptability to the digital era (Hornle, 2000). Under the administrative guidance of the Lisbon European Council, EU commission drafted comprehensive ‘e-Europe Action Plan in March 2000-recommenadtions which were endorsed months later at the Feira European Council (Hartmann, 2006).
International competition laws aim at prevention price discrimination, market-sharing and market distortion. International Competition laws safeguard the welfare of consumers by encouraging innovations, variety and increase in output of production. This paper will offer advice to the Minister of Trade and Industry of Greek on the proposed plans of Greek Postal office on reinforcing the monopoly of traditional mail service, and nationalizing the electronic mail service.
There are instances when innovative creations or inventions are necessarily obtained to ensure that the use of the primary product is not only made pleasant but more efficient in terms of cost of ownership. Research and development is heavily relied upon by business or corporate entities to create or generate new products that would entice the consumers venture away from their comfort zone and try out other products which are marketed or promoted to be of better quality but it would not break the bank so to speak.
The paper looks into the correlation between crime and gender. The paper further looks into the aspect of rape and assumptions on the subject about gender and sexuality1. The generally accepted view is that that criminality and crime are the area of the male; the belief is that men are further possibly than women to be both the victims and perpetrators of a broad variety of criminal’s actions2.
The conflicts resulting from the imbalance when it comes to the powers vested to the different branches of the government in most cases call for the intervention of the Supreme Court. The coequal and separate government branches in question include the Executive and the Congress.
When discharge by breach occurs it would give to secondary obligations in the form of payment of damages. When the discharge occurs by performance the need to complete secondary obligations would be absent as the primary obligations of the contract are completed.
Renewable energy is also seen as a perfect example in fighting global warming. These sources of energy do not emit carbon monoxide into the air thus affecting the ozone layer. Further, renewable sources of energy are sustainable; they can be used for several years without being depleted.
Since wars and conflicts have ravaged many countries and societies, refugees or displaced individuals have been seeking asylum from various states and from the international organizations. The fate of these refugees has always been dependent on the state where asylum has been sought.
In that case, to enter a lawfully binding mutual contract there ought to be an offer and an acceptance. In definition, an offer refers to the enthusiasm to agreement on certain conditions made with the aim that a binding conformity will subsist once the offer is acknowledged.
Usually such contracts may be vital for the formation of the company may have to be eventually accepted as they form a responsibility of the company. An example is for building a minimal set of infrastructure and other resources for the company including offices, contracts need to be organised with the third parties by the promoters.