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Cohesive methods, for example, physical threat and force should not be used to make another person join into a contract. Every party is also entitled to escape the contract if they were caused to act under undue influence. Undue influence is where one party uses dominance to cause the other person to enter into an agreement.
As in the case of Weeks v. the United States, the Supreme Court said that the Fourth Amendment is violated when the seizure of items takes place without a warrant at hand. However, with time, these views have also changed a little bit because citizens are more concerned about security these days as compared to the past.
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The main issue at hand was to understand whether a personal jurisdiction could be exercised by a state court over a corporation that was not a resident of that state. Also, the only connection between the defendants and the forum was that the car that was sold to the plaintiffs unfortunately met with an accident in the forum state.
The author of the paper explains that an employer has duties towards his employees that are non-delegable. The case established the implied basic duties that employers owe their employees, the breach of which entitles the latter to award of damages in an action for tort on the broad ground of negligence.
The author explains that only one of the three witnesses of the alleged theft could identify Ms. Hope in the ID procedure. Since two out of the three witnesses could not identify Ms. Hope as the perpetrator. Ms. Hope noted that the other women who participated in the ID procedure had an appearance similar to hers.
The question raises the following legal issues; offer and acceptance, Misrepresentation, Rescission, and Remedies. Stone, R.(2005) defines an offer as;” an indication by one person that he or she is prepared to contract with one or more others, on certain terms, which are fixed, or capable of being fixed, at the time the offer is made.”
McKendrick states that the purpose of consideration is to give the ‘badge of enforceability’ to agreements. Currie v. Misa defined the concept of consideration whereby it was said that consideration revolves around the concept of benefit to the promisor or detriment to the promisee, thus the requirement is mutually exclusive.
This essay discusses that sport has always had those who cheat – whether in a well-planned way, by accident as when rules are not known or understood, or on impulse when an opportunity presents itself. In some cases, it is the sportsperson in the first instance who is corrupt.
BP Oil Company was contracted by the state for an oil facility project with a provision allowing the company to involve an external company for up to thirty percent. The defendant subjected BP at a lowered preferential tax rate upon which BP Australia took over BP after six years prompting the defendant to revert to normal taxation.
Moreover, the general trust law principles, impose a positive obligation, on trustees, to act in the best interests of the trust, and, therefore, Deborah will have to apply to the court, for a sale of the property, which, will only be granted, if determined to be in the best interests, of the trust.
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Legal practitioners and theorists, however, do debate and consider law as constructed, and this Bentham’s statement, as referred to in the topic of this essay, that international law can, to all intents and purposes, be equated with municipal law.
However, the decision of Pickin left open the discussion as to what would happen if the proper approval of the House of Lords was not obtained. This is what has happened with respect to the current situation. The Supreme Court can scrutinize this but is important to mention that the courts are reluctant and the separation of powers concept is kept preserved.
In English law, the actual possession and matrimonial home trust regulations were developed to make sure that equity prevails in cases of prejudice provided some given standards were met. This section of the article will examine these standards and demonstrate the way this suits the clients Deborah and Charles.
Based on the facts of the case, the author of the paper provides two acts of John that should be considered in determining his criminal liability, namely, (a) pushing and kicking Neil, (b) pushing Annabelle into the stationary car and subsequently stabbing her with a bunch of keys. The author discusses each of these instances.
For the effective working of a construction project, a close synergy should exist between different consultants, contractors, professional advisors, and ultimately the clients. The annual output of the UK construction industry is pegged at approximately 114 billion pounds which constitutes 9% of the Gross Domestic Product. (GDP).
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If an artist does not get compensated for his work, or if a pharmaceutical company cannot get a patent for their formulas, then innovation might be impaired, as these industries would have less reason to create. Additionally, innovation leads to more innovation, as these industries get money from their patents and copyrights.
The question remained; did the school snatch the right to have religious liberty from students by enforcing public prayer? Engel parents definitely believed so as they argued that there should be a separation of state and church based on the first amendment. The State of New York believed that it did not establish a religion.
“State interference with a citizen's right to life under Article 2 ECHR 1950 can never be justified”. This statement generates immense controversy. Does it demand negative rights, rights to be free from something, only, or does it imply positive rights? Does it restrict the right to abortion? What is a life, and what must be done to protect it? What is interference? Does it prevent the state from executing someone?
In this case of the study, therefore, and on replying on the findings of the study; Bettie and Amelia were in an initial contract. That is, Giles owed Amelia ₤1000. Amelia’s promise makes Bettie have a reasonable expectation of its fulfillment as a promisee. All the conditions required by the promisor are met and thus, it is up to Amelia.
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A constitution can be defined as the set of laws by which a sovereign state is governed (Barnett, 2005). The British constitution is the set of governing laws and principles in the United Kingdom. This constitution is unlike many of those found in modern day states. It is not a written or codified constitution; it is uncodified.
Contemporary scholars seek to understand and evaluate the relevance of the crime-social status relationships and their effects on the broader social trends. Needless to say, different scholars treat the link between social position and crime in entirely different ways. More often than not, they readily accept the view.
The latter allowed for federal funds to be spent at a more local level and supposedly with better results. While these policies have been effective in reducing the overall poverty rate this may not be the best way to measure the actual effectiveness. Just because overall poverty has been reduced does not mean.
The issue in this question relates to the doctrine of consideration, the traditionalists approach towards the varying of the terms of the contract and the doctrine of promissory estoppel. An evaluation of each of the concept would include the circumstances in which the courts is or is not willing to enforce promises which vary terms of a contract.
This doctrine is based on the grounds of estoppel and equity but it generally differs from common law rules on estoppel in the sense that this doctrine applies to promises made rather than the representation of facts. Also, this rule is applied generally operates in a suspensory manner whereby the parties involve inhibits.
Criminal justice system has four major components, which are briefly described below. While there are separate systems at federal, state and local levels, components like state prisons, parole boards, police crime labs and courts of appeal are organized at a state level.
The individual can be sitting in a restaurant and be asked to prove citizenship. The illegal immigrant person could be of any age. The law states the person has to look suspicious. The problem is a police officer can say anyone looks suspicious. Arizona justifies this law by stating the overwhelming number of illegal immigrants.
Law has the ability to not only impose new incentives but also modify the existing incentive structures. For the purposes of this essay I will divide incentive structures into three broad categories: economics, culture and law.
In 'Canson' Stevenson J. delivered his own reasons as he disagreed with the decision's reasoning “on two points.” The second point related to the fusion of law and equity. It was in that set of reasons that Stevenson J. wrote, “talk of fusing law and equity only results in confusing and confounding the law.”
Collaboration with the appropriate authorities by effectively documenting the events, providing for immediate and long-term psychological and physical needs of the patient, are some of the tasks for which the forensic nurse is adequately equipped (Pyrek, 2006). Assessment of physical abuse can be extremely complex especially in terms of identifying instances of child abuse.
Hate crimes have now been identified as a major social problem but despite laws to combat it, still continue to be present today. Hate crimes affect entire societies and build up a feeling of fear, powerlessness. They are truly reprehensible in nature as the people who are affected have no way of changing the feature about them that was attacked.
The author states that self-induced intoxication can also be a defence to criminal liability if it is such that the defendant formed an intent during the state of intoxication that he/she would not have formed while sober. However there are limits to the extent to which Smith may rely on the defences of provocation and intoxication.
According to Berry, “domestic violence” refers to “abuse by one person of another in an intimate relationship” (1). Domestic abuse is not restricted to husband-wife or boyfriend-girlfriend, but can also include sibling abuse, elder abuse, and child abuse; however, for this paper, the focus on violence against women will be discussed.
The author states that grievance procedures form an important part of labor relations with respect to the hospitality industry. A very broad definition of labor relations would mean the dealings and interactions between the management of a firm or organization and its labor force, which are or will be unionized.
The law of torts and damages, as well as personal injury, is in place in order to ensure that people can assert their rights and can be compensated for damages, loss, or injury caused by another person’s negligence (Ministry of Justice, 2009). This law ensures that adequate remedies are in place in instances where civil wrongs are committed based on statutes or common law.
The objective of the European Union is to guarantee the free movement of trade, workers, and capital. Therefore it is the prime responsibility of the European Commission to ensure that workers' rights are not hampered by free movement. Workers have the right to move from one member country to another.
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.
Otherwise, if Colonel Jones is not anymore serving the British Army, then this can be used as a defense by Simon Bigot and the Guardian, as the words do not directly or indirectly refer to the claimant. Considering that the evidence pointing to the defamatory statements made outweigh the possible defenses that may be made by Simon Bigot and the Guardian, it is better if they made amends with Smith and Jones.
Abortion is a medical process, in which a fetus or unborn in the mother’s womb, is either spontaneously or by induction, terminated or destructed within 20 weeks of pregnancy. Medical personnel supervised induced abortion is proper and safe for the women’s health; however, there are illegal abortion clinics opening ‘shops’ at many places.
It is essential to state that analysis of the environmental impacts of conservation areas can also be gathered from a variety of sources. Ideally, a complete energy assessment of all buildings in the area, or at least listed buildings should be conducted. This would provide a wealth of valuable data.
Peter wishes to demand specific performance of the contract between him and David regarding the house as he intends to live, at the very least, the stipulated 10 years of the contract. In doing so, Peter needs to affirm the contract exercising his right of election as a result of the breach of contract.
This essay demonstrates that for proponents of the human rights issue, the matter would appear to be rather open and shut in terms of challenging constitutionality and this issue impacts decision-making at the social level, even if this practice is discouraged in the rule of law. This division seems to maintain the gay marriage and its constitutionality.
People lose their lives and everything they own in fires. It is one of the most malicious crimes and should be punished severely. Indeed, an important element under the common law definition of arson is malice. It is not arson if you accidentally fall asleep while smoking a cigarette and burn your apartment block down.
The United States wanted to preempt European intervention in a country in the western hemisphere by taking over Dominican finances and assuring European creditors that they would be paid. They also wanted to preempt European intervention because the Dominican was in the approach routes to the new Panama Canal that the United States controlled.
Even though the claim in Stovin failed because the courts found the appropriate action to be by way of an administrative review, the courts in the case stated that the could be the possibility of a common-law claim of negligence against the Council in respect of the statutory power that had been conferred upon it.
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According to the most recent data available from U.S. Department of Justice's National Crime Victimization Survey -- the country's largest and most reliable crime study- there were 248,300 sexual assaults in 2007, one in every two minutes. Of all the victims, 60% never report the assault to the police.
It is the unintentional killing of another human being caused by the negligence of the defendant including elements that (1) the killing of another human being was unintentional; (2) the death resulted from a negligent act by the defendant; and (3) the defendant’s negligence caused the death (Wallace 8).
My experience at the courthouse exposed me to some subtle realities of the legal system that I didn’t expect to witness. I did not expect so many young people to be brought in on drug offences, or domestic disputes. I thought there would be grander crimes such as bank robberies, or potential terrorist bombing threats.
According to the online HG, “criminal law which is often called penal law, involves prosecution by the government of a person for an act that has been classified as a crime.” On the other hand, crime is further defined as, “any act or (commission of an act) in violation of a public law forbidding it.” Thus, criminal law forms part of public law.
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.