Law Essays

The principle of duty of care in negligence cases was first adopted in the case of Donoghue v Stevenson where Lord Atkin stated that a neighbor is a person who is directly affected by a person's act that one has to have them in contemplation as being affected when one directs their mind to acts or omissions called to question’.

According to the reports presented by the Center on Juvenile and Criminal Justice (2014, np), the crimes committed by youths have been on the decline since 1990. The latest development has motivated various jurisdictions to take another look at the practices that were largely adopted between the 1980s and 1990s.

Before the appeal, the appellants of this case had won an initial case of Collard v The State of Western Australia [No 4] [2013] WASC 455, whereby Judge Pritchard J reached a decision that the appellant who was then the defendant had won the case. Currently, the appellants were appealing against orders that were made by the Judge in the prior case.

The corporation's Act 2001 (Cth) provides various duties to company directors that must be adhered to when managing or doing any business that is related to the organization. All company directors of organizations that are incorporated under the Corporations Act 2001 (Cth) must abide by the statutory duties imposed on them.

In 2014, 22 websites were blocked by Saudi Arabia’s culture and information ministry for copyright as well as piracy infringement. This is after the concerned parties complained to the ministry about the websites, especially movie-swapping sites (Toumi). In the last few years, Saudi Arabia has experienced remarkable business growth to an extent of being recognized by the World Bank as a top performer.

Anyone can set up a business any day. It is universally accepted that whatever is needed is a product that can meet the demand and the needs of the customers at a profit that will ensure business continuity. Additionally, as much as registering the business with the local government or the state is not needed necessarily to make profits, most business experts believe that it is a very smart step for some reasons.

The causes of these delays are such as guilty pleas that are submitted late, adjournments, over the listing and the failure to appear in court as mandated. Studies on case management have been researched to cope with case timings. This however affects a lot of change that the system fails to correspond with.

In the field of contract law, parties may enter negotiations that lead to the making of the contract. In these negotiations, the parties decide on the prices of the goods and services that are to be offered. Just like our case, Widget plc required a widget manufacturing machine and therefore they negotiated with Machine plc and reached an agreement and made the contract official by printing and delivering the documents to Machine plc.

Jill is very fond of animals, especially cats but did not previously indulge because of the number of children she was caring for and their need for space. Now that the children have moved out she saw the opportunity to indulge her interest so she went to the Queanbeyan RSCPA to collect cats, she collected two a male and a female. 

Intellectual property refers to intangible assets arising out of one’s own creativity. These assets could take the form of innovations, literature, artistic work, names, symbols and images, and so on. Intellectual property is classified into several areas namely industrial creations, trademarks, patents, copyright, and in some cases, trade secrets.

The second collateral at hand is the crops growing on 100 acres of land in Kansas which Massive Dynamics actively farms to provide organic food for its employees. This would fall under the farm products category of collateral classification under section 9 [UCC s9-109(3)]. The third item is a certificate for 20,000 shares of Massive Dynamics stock.

The independent states are discrete and the main subject of international law as well as international persons. Though there is no static political and territorial integrity. The secession, decolonization process, union, and all forms of reunification are a nonstop contribution to the making and breaking of 27 states as well as the remaking of the same.

There are several fundamental requirements for a community or an entity to be considered as an international legal personality and thus able to conduct international business and other forms of agreements and consular.  This makes it possible for international bodies such as the United Nations to operate independently and be in a position to significant impact on world affairs.

International laws are important because it helps citizens of different countries. Both public and private international laws tend to overlap more often. International laws too safeguard the human rights issues that may affect different nations. It is on not only how the government relates with their own citizens, but also how different nations treat their citizens.

It is essential to state that the paper addresses the various reasons for the rise of trade in the world and offers mitigating factors to the vice. Arguably the paper uses relevant academic literature to support its arguments and also applies critical and classical examples for easier comprehension.

The ICA was founded in 1923 and is vested with the responsibility of ruling on economic disputes internationally.  It mainly deals in offering solutions to trade differences between companies of different countries in an impartial, confidential, speedy process that is based on high legal competence.

The study drew the result that there has been a change in the court’s mindset when dealing with media, reporting and liberated press doctrine as embodied in the five recent rulings of two justices of the high court. Termed, ‘The Modern Media’ by both Justice Callinan and Kirby during their judgment of Australian Broadcasting Corporation vs. Lenah Game Meats Pty Ltd (2001).

Intellectual property is described as that intangible asset that results from the innovativeness of mind-producing forms such as music, designs, trademarks, literature, copyrights, industrial products and so forth. Such productions which are creations of the mind develop economic and commercial interests which are protected by law and statutes both locally and internationally under intellectual property laws.

The most important characteristics of the U.S. legal system are its common law heritage and origins, the role of its written Constitution, and the federal state division of power. American laws are a reflection of the standards, expectations and values of society. They lay a foundation for the rules and regulations of the conduct of the people.

For corporate objectives to be met on a global scale, transnational practitioners have to effectively comply with the various laws. The structure of international business transactions should be therefore designed in a manner that allows economic, business and socio-cultural issues to blend into the law for the interest of entrepreneurs worldwide to be met.

In this case, we find that Dodds had an offer presented to Dickinson who had the interest to buy the property. The memorandum which was signed by both parties was merely intended to be an offer and not in any way was the memorandum binding meaning that Dickinson and Dodds had not yet entered an agreement.

It is important to state that Dodds agreed to sell his property to Dickson for the sum of 800 pounds and promised that the offer is to be left over until Friday the 12th of June 1874, 9 o’clock for Mr. Dickson to determine whether to purchase or not as well as to refuse the property at the price 800 pounds.

This essay discusses the doctrine of self-defense from two sources of law, the UN Charter and customary international law. The scope of the essay is the UN Charter and customary international law. This paper will discuss the doctrine of self-defense from two sources, the UN Charter and customary international law.

It is evident that India as a country has emerged to be a very powerful driving force in today's global economy revitalization. Further, a lot of opportunities abound despite the emerging complex web of ever-changing regulations and laws on business operations within the country. It is evident that increasingly complicated strategies for Indian practicing business law seem impenetrable to even most domestic and hardened foreign investors.

The sub-topical issues include the effectiveness of the law in protecting the workers, its failure facilitated by the obstacles that make labour law ineffective in China, and recommendations to make the law more effective in protecting the welfare of the Chinese worker. It also analyzes the gap between the law on paper and the law in practice.

Today, there is an increase in the number of cases regarding medical negligence. As a result, this has posed a great situation for insurers in terms of professionals’ indemnity. Therefore, this paper explores the issue of medical malpractice, the causes of medical malpractice, and insurance law on medical negligence.

In society today, people are entering into contracts every day in order to improve their living standards. These contractual agreements are essential, but a lot of caution needs to be taken in order to avoid unnecessary legal actions and penalties. This is because there are situations in which parties enter into unconscionable contracts.

Carl Schmitt was a renowned conservative German jurist, legal, political theorist, constitutionalist, philosopher and professor of law who lived between 1888 and 1985. He published numerous essays that have been very influential. Most of his essays were on mentalities and ideas surrounding the wielding of power, especially political power.

Equality Act 2010 is a law that sought to bring equality in the working environment by banning acts like unfair treatment of employees in the workplace and thus creating conducive conditions whereby equality in places of work is achieved and also extends to the general society at large. This Act, therefore, synchronizes and substitutes the legislations which had previously been enacted for instance DDA 1995.

According to a Council of Europe, Committee of Ministers report on Computer Related Crime, computer-related crime is a genuine and, at least in respect of certain crimes, an expanding phenomenon. The impact of computer misuse has been well documented in the latest report carried out by the London Business School.

The establishment of international courts is a gift of hope to the future generation. In addition, it is an excellent step in the march that is set to achieve rule of law and human rights. However, despite some courts achieving their intended mandate, some have been heavily criticized for their operations.

Gender, sex and racial discrimination are types of discrimination that are generally banned by law and they make individuals lack equal opportunities that are also available to others based on such characteristics as age, sex, gender reassignment, color and race among other characteristics outlined by the Equality Act 2010 as protected characteristics.

The main difference between an inquisitorial system and the adversarial system is the role that the court plays in case proceedings. In the former, the court is a part and parcel of the investigation of facts of a particular case while in the latter; the court plays the role of the objective referee between a defendant and the prosecutor.

In this fast-growing corporate world, firms compete at all costs to acquire as many clients as possible. In the process, some end up imitating other companies' or individuals’ cultural and literary works, ideas, or patents. When individuals or companies copy others’ works or ideas, copyright laws are there to protect them.

A company comes into existence after going through a series of processes that can be described as promotion, incorporation, capital subscription and commencement of business. Promotion is the first stage in the formation of a company. A promoter conceives the idea of an enterprise, analysis its prospects, works out a tentative scheme for the organization brings together all the factors of production and floats the enterprise.

Human rights involve fundamental rights that are possessed by humans due to the fact that they are human beings where these fundamental rights are neither abrogated nor created by the government and are supported by various international treaties and conventions such as the 1948 universal human rights declaration by United Nations.

The party applying to the court was one Deborah Raulfs who brought suit via her solicitors McLaughlin & Riordan.  The plaintiff alleges that she paid the sum of 400,000 to the second defendant, Mr. Ajaka in payment for a partnership for Fishy Bite Pty Ltd which was subsequently not purchased by him.

Geographical Indications (GI) are one kind of intellectual property rights. A Geographic Indication demarcates or identifies a good as coming from a given place; say locality, region, or country, whereby a given reputation, quality, and other features of the product can be traced from where it originated geographically.

“[T]he only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. ... The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns him, his independence is, of right, absolute."

Initially published in 2004, Basel II, which is the second set of accords containing recommendations on laws and regulations for the banking sector, is substantially being modified.  The revisions on Basel II were triggered by the 2008/09 global economic crisis, which provided the opportunity for a fundamental restructuring of the approaches used in handling risks and regulations in the financial sector.

Generally, warrantless searches refer to those searches carried out by law enforcers and subsequent seizures without being in possession of warrants (Cole & Smith, 2007). In the United States of America, the Fourth Amendment restricts scenarios where such warrantless searches (Cole, Smith & DeJong, 2012).

Risk management is a process that entails understanding and controlling Risks that a business is exposed to in the process of endeavoring to attain its commercial goals. Risks are any latent occurrences that are capable of plunging a business or a corporate body into a situation that could cause harm to the business.

The Internet is very important for states which are geographically remote from large overseas markets, this is because of its capacity to reduce the impact of distance and time by reducing the substantial overhead cost associated with the distribution and transportation of goods and services as well as allowing any item can be displayed almost instantaneously in the international market through e-commerce.

The major issue dealt with by this paper is the difference between the acceptance of the Hague, Hague-Visby and Hamburg Rules by the business communities and the ordinary people. It has been seen that the Hamburg rules are not gaining much popularity worldwide, whereas Hague and Hague Visby rules are highly applicable.

Initially, the plaintiff or AM Marketing is seeking payment of unpaid invoices for services rendered amounting to $35,830 but Howard Media paid AM Marketing $5,000 a day after the proceedings commenced (AM Marketing Pty Ltd v Howard Media Pty Ltd (2010) NSWSC 803). The amount is from the combined total of Howard Media’s unpaid invoices from September 1, 2006, to March 1, 2007. 

By considering how much the sophistication of the invention, it could be decided who the skilled addressee is,  the standard point by which he can when he read the alleged infringement claims of Hackney can decide objectively ( Lilly Lcose Ltd v Pfizer ltd) whether there is an infringement objectively by the Sharon.

APACS aims to make performance management simpler and more cohesive by reforming and aligning the manner by which performance is determined and measured across policing crime, and drugs. APACS reflects the National Crime Strategy and Public Service Agreements and provides indicators for Home Office use.

It is quite essential to state that human rights are reflections of the values of society, with the focal purpose of human rights laws being to set the public standards of what is and what is not acceptable treatment towards individuals, as perceived by society on the domestic and international levels.

Intellectual Property Rights are those rights granted to creators and owners of works that are the results of human intellectual creativity. These works can be in the industrial, scientific, literary, or artistic domains. They can be in the form of inventions, a manuscript, a suite of software, or business name examples.

Intellectual property protection is generally seen as something positive. Certainly, if you are the inventor or creator of a piece of work that generates millions of dollars for you and your family or your community, you do not want to lose that opportunity to benefit from your creativity or ingenuity.