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The presence, as well as the degree of foreseeability, is highly important in addressing the level of culpability for a negligent employer; rarely is it a black and white case of ‘negligent or not negligent’ and the courts have addressed that there are degrees of negligence which should be reflected in the compensation gained by the employee.
The use of the death penalty is considered by some to be the most obvious and heinous example of cruel and unusual punishment. Those opposed to capital punishment do not believe that the government should be vested with the power to put any of its citizens to death.
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The lack of requirement frequently led to someone losing what was rightly theirs, simply by not being made aware of the intention of the claimant to claim the land. The new requirements under the Act have removed some of the unfairness, although failure by the true owner to notify the Land Registry of new contact details.
There is an immediate need for some serious thinking and definite actions to be taken on the issue. There have been changes. Over a period of time, things have changed from overt racism to more covert outcomes and manifestations. If one has to eliminate racial disparity in sentencing one has to change the fundamentals and this necessitates a focused effort from all those who are involved in the judicial process of sentencing.
The author states that many believe the intervention should be done as the very last option, where every other opportunity has been exhausted. Generally UN suggests of non military intervention where the government officials are denied visas to visit other countries unless they follow rules and remain disciplined.
Human rights are often violated on the pretext of state or public emergency, however, a country’s sovereignty and legitimacy are increasingly coming under challenge from the international community, whereby it might ultimately result in isolation, extreme economic sanctions, and invasion by other countries.
The author explains that indirect or oblique intent arises when the accused can foresee the outcome, as being highly probable, and the accused does not desire that outcome. In Hyam v DPP, the accused’s intention had been to terrify the victim and not to cause her death, when he set fire to her house.
Land law may pertain also to a person’s legal right on a property and also it pertains to the things under and above the land namely: water, oil, and sky. In England and Wales, there are two existing systems of conveyancing; the registered system or the unregistered. Land law looks after people’s conflicting and competing interests in the land.
It will also be necessary to consider whether the burden and benefit of covenants can be transferred to subsequent owners of the land. In relation to Peter, it will be necessary to consider the law in relation to overriding interests, in order to establish whether Peter might have an interest in the property.
The author states that the general rule applies where the agent’s contract was authorized, either in advance, or after the fact by ratification; the position may be different where the agent has apparent but not actual authority. A defense or claim available against the agent and unconnected with the contract cannot be used against the principal.
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According to Hudson the trust “arose as an accident of English history”. The trust was initially devised as a method for resolving issues where a number of interests in land arose all at once (Hudson 2008, 14). In simple terms, the trust provides at least two or more parties to exercise or maintain rights in one fund, asset or piece of property.
In the concerned question, in both the deals, cars purchased by the buyers were required to be durable and fit for driving along with safety by terms of implied conditions mentioned above. An important point in this regard is the appearance and communication of any defect as to these implied conditions in time.
Tracking the historical progress of International Human Rights evolution turns our focus to all those aspects that have plagued the human race since the inception of human civilization. Great humanitarians, philosophers, social activists and general people have raised their voice against torture of human beings in different times.
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In the United Kingdom, the Company Act contains all these rules and regulations for companies established in the United Kingdom and Northern Ireland. However, two versions of the Company Act, namely Company Act 1985 and Company Act 2006 offer varied rights and obligations for shareholders as explained below.
As Ferryways was struggling to meet its obligations, ABP amended the agreement by a Time to Pay Agreement, so that Ferryways would have more time to pay the amount outstanding. Initially, the court ruled that this amounted to a variation of the terms, and as such the letter of comfort should not be binding.
The author states that petty offenses or offenses not serious in nature are dealt with by Magistrates’ court. They are called summary offenses. All cases regarding these offenses are decided entirely in the Magistrates’ Court. Apart from summary offenses, there can be two other types of offenses.
Risk assessment, also called security risk analysis is the process through which the possible threats and risks exposed to a business are identified and short listed according to their probability. Risk assessment is the process that assists the business in identifying the security risks and their magnitude as well as the organization’s information resources and their vulnerabilities in meeting the security needs (Ortmeier, 2005).
An exemption clause provides an option for a party entering into a contract to eschew a part of or in entirety, the legal obligations that may be due under the contractual terms. The other party, by signing such a contract, agrees not to hold the former liable if certain obligations that would normally be due under the contract are not performed.
The responsibility to protect is founded on two principles. State sovereignty necessarily infers that the state is responsible for protecting people within its own territory. Where populations are exposed to grave harm and the relevant state is either unable or unwilling to stop or prevent it, the concept of non-intervention is superseded.
The given work is designed in order to analyze and evaluate the following statement “While ‘enlightened’ positivism retains the centrality of formal sources as the core of international legal discourse, it is more flexible, recognizes the change in patterns of state behaviour and wider methods of determining state consent and evidence of that consent” .
The essay details the foundations of Comparative Law and its connection with global productivity and globalization. The main points of socio-cultural values and comparative legal traditions are discussed in the essay as well. Furthermore, the essay attempts to analyze the conflicts between Non-Western and Western management systems and strategies.
Being one of the few women who were able to graduate from the academy creates an image of a tough person to be in her position. She is perceived to have first-hand interaction with the juvenile offenders during her training, most particularly her experiences in the juvenile crime unit of the county sheriff’s department.
An offer is a proposal or promise by one person to another to enter into a contract, on certain terms and conditions, with an intention to bind himself when the person to whom promise is made announces his acceptance. The offer may be made to one person or to a set of people, or to the general public.
The nature of force applied to attain the objectives must be justifiable and government programs need to be carefully formulated so as to reduce the probability of a vicious circle getting formed in the process. The national security measures should have an all-inclusive approach for better a better and secure American society and nation.
Debate and controversy swirl around the death penalty. Many countries have banned it and there is an international campaign being waged to try to eliminate it worldwide (EU External, 2008). People have very strong negative feelings about it. Never before in history has the controversial practice appeared to be under such a threat.
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It has been suggested, and in some cases demonstrated, that legalizing or at least decriminalizing less harmful drugs, such as marijuana, can help to reduce the violence, significantly decrease the numbers of people incarcerated for drug use, allow more individuals to remain a contributing member of society and free up funds.
I know that it is a routine matter for you, for me it is extremely heart wrenching and torturing. The thought that a mistake I made seven years ago will never be forgiven or forgotten is downright devastating. I slipped once, I have, afterwards, lived my life with an integrity that is based on the moral values instilled in me by my parents.
The purpose of the study will be to examine the effect of the internet on fraud and identity theft. The development of the Internet and e-commerce has been explosive. The number of adult Americans with Internet access was expected to increase from about 88 million in mid-2000 to more than 104 million at the end of 2004.
The author states that Rawls was primarily concerned with questions of how best social justice could be organized as a “basic structure” in a liberal and democratic society. For Rawls, his idea of justice was directed at how a society's main political, social, and economic institutions should cooperate together in distributing fundamental rights.
Dred Scott addressed certain controversial issues about race, including that slaves and their descendants could never be U.S. citizens. It had nothing to do with Louisiana or meatpacking, nor at the time of the ruling had the 13th and 14th Amendments yet been proposed, much less adopted. So the circumstances of the two cases seem unconnected.
Work time is the particular period of time where an individual spent his energy on getting payment. There are many employees feel stressed about poor working hours. Many laborers face so many challenges such as over-employment, joblessness, flexible shifts, and duty roster methods. There are some unpaid labors who are doing housework are not considered as part of the working time schedule.
It deals with decisions made concerning the notions of “right” and ‘wrong. In criminal justice, particularly, emphasizing the importance of ethics is necessary especially in making legal judgments. However, one has to deal with an array of complicated things before achieving a stable and “just” judgment with regard to an act.
The use of a letter of credit lessens the exporter’s credit risks. Therefore the exporter is able to propose a better price (Westering, G. 2009).In order to reduce risks and problems associated with a letter of credit transactions, the parties concerned with the contract are advised to learn the rules associated with it. They should use good care.
It is attributing of all unconditional authorities to become random, but an idea we can well conceive of power without external bounds, which would enforce bounds to it and esteem the bounds therefore self-imposed. Should such a government live, we can gladly comprehend that it would have moderately hot adherents.
According to the essay, in 1973 the UK joined the European Economic Community which is now known as the European Union. The current system of law includes seven different courts namely, European Court of Justice, European Court of Human Rights, House of Lords, Court of Appeal, Divisional Courts, High Court and the Crown Court.
The ECJ has observed in its case law that the principles of safeguarding legitimate expectations and legal certainty form “superior rules of law.” The paper makes a best effort to deliberate about the European Court's usage of legitimate expectations to enforce a minimum standard of treatment for individuals without infringing the public interest aims in administration.
Constitution serves as the most sublime and supreme document of a state, which determines and explains the rights and obligations of the state and individuals towards each other. Hence, it is the preliminary document that not only introduces the nature, scope, and range of political set up of a country but also helps in maintaining the exact use of power as well as protects the misuse of the same.
This research is governed by the following objectives: to discuss the effects of GBMI on the number of insanity acquittals in Michigan, South Carolina, Georgia and Illinois in general; to evaluate whether other states should follow Montana, Idaho, Utah, Nevada, and Kansas that have already abolished the use of NGRI; to discuss what happens in post-acquittal confinement.
The landmark and a widely recited case of Salomon v Salomon & Co Ltd need no detailed explanation; suffice it to say that from it was borne the concept of corporate personality. Mr. Salomon’s circumstances indeed inspired such aptly phrased statements as ‘the company is ex hypothesi a distinct legal persona’.
With regard to Abigail’s rights against CableFast for breach of contract, there is no contention that the contract was a validly formed contract satisfying the formalities of offer, acceptance, and consideration. As a film critic, Abigail made it clear that she would require a super fast and uninterrupted broadband connection continuously for the purposes of her job.
The author of the essay suggests that we must keep in mind that "modern" China is a country whose evolution still emanates from an unimaginably rich past that is very much alive after thousands of years. America is only two and a quarter centuries old while China measures her history in the eons.
The court stated that it was equitable for the creditor to pursue the debtor for the remaining debt, as they had been under no obligation to accept the part-payment as a full settlement of the debt. This was an important decision as it prevented future creditors from being subject to economic duress and forced them to accept a lesser payment.
Peeta and Shami have had several violent arguments. Due to the recession, Peeta has been informed by Shiraab Plc. that he may be made redundant. Consequently, Peeta has been under a great deal of stress and has turned to heavy drinking. He now suffers from chronic alcoholism. They have often been very abusive to each other.
The positive effects of whistleblowers in the media are that it brings attention to problems that would otherwise be kept quiet and hidden. It allows fair treatment of all employees and it allows these who are a victim of or witness discrimination to come forward without the fear of being threatened, fired, or discredited by others.
Single parented children face a lot of problems in their childhood. The fathers’ role in the character development of children is noteworthy. There is a high chance for a child to face problems from his/her friends, at school, and in society. The seclusion felt by a child can be reduced by incorporating different types of parenting programs in prison systems.
The Domestic trademark law allows users to register domain names that resemble a specific trademark, on condition that the goods and the services provided are different, which is not the case of Michael, that not only was “inspired” by Mark Zuckerburg’s Facebook, but also provides services that are similar to the ones of Facebook.com.
The regulation cynics make normative and descriptive arguments. Normatively, they claim that since cyberspace transactions take place ‘simultaneously and equally in all national jurisdictions’ control of information exchanges by any specific jurisdictions unlawfully generates considerable negative spillover implications for other jurisdictions.
This paper will evaluate the declaratory and constitutive theories and assess their influences in the international community with an emphasis on state recognition. The aim is to demonstrate by reference to specific cases, that the constitutive and declaratory theories on state recognition result in ambiguity in the international legal framework.
The author states that the residual system in the US has been put to the test by the severity of the economic downturn and the magnitude of job losses which cut across almost all industry sectors. In this regard, people who had taken to the American dream of owning their homes found out to their dismay they can no longer afford to pay.
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Paul may have a valid claim against Mick for harassment and based on the facts he likely has a good defense to Mick’s claim for false imprisonment, harassment, assault, and battery. It is also likely that the question of transferred malice might arise in Stella’s case since the assault was initially aimed at the doctor and inadvertently struck Stella.