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The legal definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA) as “an individual who has entered into or works under... a contract of employment”. This definition has been criticized for being ambiguous (Honeyball & Bowers. 2006) and it is necessary to refer to the common law test for defining the status of employees.
As a result, the clients would be educated on the ecological impacts and a wider interest in environmental conservation in the development initiatives could also be created (Collis and Tyldesley, 1993). Also, this would help the public to understand the penalty applicable if any blatant violations of the regulations are made.
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This case study will help individuals, couples, and families determine how to meet stepfamily challenges through a clearer understanding of how their own perceptions are contingent upon particular outcomes. This study will contribute to the fields of social science, psychology and family therapy by adding to the already existing body.
The remedies available for breach of contract of sale are repaired; replacement; partial refund; rejection and full refund. Moreover, if a defect occurs within six months of sale then such defect is deemed to have been present at the time of sale. Hence, Fred can reject these gadgets and also claim damages for the various losses caused to him.
In other words, common law consists of the decisions of the court from the time the court system took root, which had become part of the law from usage. The English common law, in particular, became a distinct system during the reign of Henry II, dubbed the ‘lawyer king’, when he instituted the unification of the judicial system.
It is important to note that unlike the postal rule, in which acceptance is held to be complete, the moment the letter of acceptance is posted; acceptance in instantaneous communication systems, like teleprinter and facsimile is complete only when the communication of acceptance is received by the offeror.
In Texaco case, there had a good deal exposed revelation of eavesdropping conversations that apparently disclosed the use of open racial slurs by top management employees. Closely following the footprints of Texaco, there were other large settlements involving “Home Depot ($103.9 million), Coca-Cola ($ 192 million), etc.
In order meet its aspiration for a rural policy that de-emphasizes the role of farming, the United Kingdom government especially in England, has committed to a more rural model of multifunctionality, through the adoption of modulation. However, the government has been unable to plan and develop rural areas on the basis of multifunctional activities.
Generally speaking, the standard of care requires full and frank disclosure of the inherent risk of harm associated with the proposed procedure. Since the operation was necessitated by Dr Greene’s previous breach of the standard care, the failure to inform only adds to the breach of the standard of care.
The author of the essay emphasizes that to prove tort of negligence the defendant must have a duty of care. Moreover, he should have violated this duty. Additionally, the harm caused to the claimant should have been the result of a breach of this duty. Notably, in clinical negligence, causation constitutes the link between the breach of duty and damage.
She has been called "Monster" because she is one of the only women who preyed on men in such a vicious and predatory way. In a sense, she was set up from birth to do nothing more than to become a criminal. In another way, she is a case of an individual who may have been able to be turned around had she had the upbringing.
In R v Kettering Magistrates’ Court ex p MRB Insurance Brokers Ltd, the defendant, insurance company facilitated the plaintiff not only with a contract of motor insurance but also extended credit to make payment of insurance premium. In effecting the credit for the insurance premium, the defendant quoted a substantially incorrect APR.
Laws relating to refugees are still basically a part of international law. However, the right to seek asylum is a methodology shared both between national and international law. A common European Asylum law by incorporating the main provisions of the 1967 New York Protocol and the 1951 Geneva Convention was introduced which applies to the UK also.
As per the law, protection is given to all civilians and civilian objects. Moreover, international humanitarian law specifically mentions certain types of civilians who will be given protection also. The term special protection includes two types of elements: respect, and protection. The law aims at the protection of a person or an object for an attack.
The partnership agreement between Andrew and Ivor should be characterized as a “complicated mixture of the elements of contract, agency, and equity” according to the general language of the Partnership Act of 1890. Both Andrew and Ivor are principals concerning third parties and have equal rights and duties as a part of a fiduciary relationship.
The specific case at hand is a husband who physically abused his spouse and eventually caused her death. To dig this case, some social learning theories will be explored. The social learning theory of crime basically argues that some people learn to commit crimes through the same process through which others learn to conform.
For example, it specifies how far a country's borders may extend beyond its shoreline. It also seeks to regulate mining at the bottom of the ocean. The treaty's official name is the United Nations Convention on the Law of the Sea. It is sometimes referred to as UNCLOS. The United Nations sponsored the treaty, which took effect in 1994 after 60 nations ratified it.
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Plaintiff – Appellee erroneously convicted herein Defendant – Appellant of metal hunting in a national park and illegal possession of historic artifact and ordered for the forfeiture of the things and vehicle in his possession without due regard to the Bill of Rights under the Constitution, the basic principles of criminal law, rules on criminal procedure and pertinent laws and jurisprudence on archaeological resources.
It would be advisable for Mr Gervais to decentralise his line of authority to other people as a way of attempting to minimise cases of negligence of duty by employees. It seems from a close reading of the case study that the organisation is not being professionally run which is another causal factor for such behaviour by workers.
Patent law is the exclusive right that is granted by a sovereign entity especially a state of an investor or the representative of an investor for a period of time in exchange to the investor or the representative to reveal an invention. The investor or the representative of the investor is known as patentee.
David has a good chance of success against C Plus. His claims are founded on indirect discrimination with respect to unequal pay, breach of contract, unlawful variation of a fundamental term of his contract, unlawful wage deduction and denial of a right to challenge the decision to reduce his salary and withhold bonuses.
It is really quite essential to state that criminals can be punished after they commit crimes, but it is better to prevent it from happening rather than punish them. Children especially should be given enough care and support, because childhood is the period during which their personalities are molded.
The author states that any person who “knows or has reasonable cause to believe that a child has been abused or neglected” must make a report “to an agency which provides child welfare services or to a law enforcement agency” within 24 hours. Persons who are qualified to make reports include “a physician, resident, professional or practical nurse”.
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The time and social ambience are ripe for a new mass labour movement in the country. There are reasons to believe that the new wave of unemployment and wage reduction for American workers clubbed with the economic recession may induce new energy into the labour class as was witnessed during the great depression of the 1930s.
The Government believes that it would be inappropriate to change the law on who can sue the auditors in the civil courts. However, given the wider importance of audited financial statements, the Government proposes to make it a criminal offence knowingly or recklessly to give an incorrect audit opinion.
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In March 1991, officers of the Los Angeles Police Department brutalized African-American Rodney King for failure to pull over when asked. A hidden videotape recording the event helped in the delivery of justice, only after severe protests and riots over the "unfair acquittal" by an all-white jury of the officers involved.
ENEL in effect nationalizes the production and distribution of electric energy. Edison Volta was naturally affected by the new law and Costa protested by not paying his electricity bill. In a court action relative to such non-payment, Costa asked the Guidice Conciliatore in Milan to apply Article 177 of the Treaty of Paris.
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The embrace of diversity and attempts at combating institutionalized racism with Youth Justice will be positive for both the wider society as well as to young offenders. Young people can expect more fairness and anti-discriminatory treatment with the System and the result may very well be a decrease in overall levels of crime.
The author states that the reliability of a project and the avoidance of possible conflicts depend highly on the initial contractual aspect of civil engineering. One of the most important parts of the civil engineering contract is the ability to analyze various types of risks which may arise during the initial phase of a given project.
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The researcher states that the association of the number of placements with juvenile delinquency was hypothesized to be explainable in terms of an underlying factor, common to both, of the personality characteristics of the foster children. These characteristics were not seen as due to placement breakdowns.
There are plenty of willing donors, though tissue matching is another challenge. Often potential recipients die waiting for ‘a match.’Currently , live kidney donations are only accepted from relatives and close friends of patients.
The Ancient Greek states and Roman Empire made valuable contributions towards the formation of legal systems and codes of conduct. The turbulent social eras of these advanced empires also spawned the need for private security forces that would be instrumental in crushing internal disorders.
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This sphere which is characterized by friendship, action, discourse, and equality (Arendt 1998) is basically dominated by men. On the other hand, in the private sphere, that which is hidden, and hierarchical, we find women. However, even in this sphere with which society has relegated for women, men still dominate.
A bill introduced by the member is referred to as a private member bill, but when introduced by a minister of the Crown, it is referred to as a government bill. Bills are also categorized by their subject: bills concerning the general public are known as public bills, while bills giving rights to an individual or small groups are referred to as private bills.
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The theoretical for justification for the separation of powers centers on its fundamental importance to the operation of democracy. Montesquieu argued; “All would be lost if the same man or the same ruling body…were to exercise these powers. Furthermore, Lord Acton commented that “Power tends to corrupt and absolute power corrupts absolutely".
Title VII of the Civil Rights Act of 1964 in essence prevents discrimination at the workplace in private companies. Through this Act, a covered employee is secured from discrimination on the basis of color, sex, religion or national origin.
The English Courts are really not powerful in the sense that it rivals Parliament in the law-making function. They are only powered up to the extent that future decisions of court judges hinge upon what the courts of today decide. Hence, if a small number will deny the “powerful law-making function” of judges; this is only a matter of perception and not of fact.
The main legislative framework in the UK governing copyright law is the Copyright, Designs, and Patents Act 1988 (CDPA). It is important to mention at the outset that “ideas” are not protected per se and the relevant consideration is whether the idea itself is embodied in the specified categories of “works”, as defined by the CDPA.
This is further perpetuated by the media focus on national security and the terror threat post 9/11, which is increasingly shaping the Government’s immigration law and policy de facto. This, in turn, has fuelled the debate regarding the detention of suspects without charge or trial on grounds of national security.
In a liberal democratic society, paternalism is often indispensable. Although many view paternalism as a curtailment of liberty, many also view it as a form of protection from the harm that human beings are capable of inflicting on another. John Stuart Mill, although opposes paternalism, argues that it is justifiable to limit liberty as long as these constraints aim at preventing harm to be inflicted on other people.
The strategy is an effective and well-motivated approach in dealing with the most difficult times that a nation needs to face. Considerably, it involves well-mannered management of the situation suggesting the need of actually balancing the laws of justice with the laws of humanitarian concerns (Wilkinson, 1997:88).
This paper tells that for instance, Ewusi-Mensah (1997) suggests both a lack of technical understanding of projects at the level described in the case study as well as the tendency of senior managers to delegate decision-making regarding information systems projects.
The cost of politically gambling with the penal system in pursuit of an ideological goal will be cost too high to pay for the governments of these countries. Germany, for instance, has an incarceration rate of 94 per 100,000 people. In comparison to the neo-liberalist United Kingdom and the United States, this is a very modest figure.
In Professor Atiyah’s “The Damages Lottery”, he expresses dissatisfaction with the present system of awarding damages for personal injury claims and puts forward the argument for replacement of the damages lottery, with a no fault-based compensation scheme and the increased role of insurance. Atiyah’s arguments are further rooted in a growing academic perception of blame culture and compensation culture permeating negligence claims.
Helvar Limited’s maternity procedures and policy do not motivate employees on maternity leave to return to their work. On the other hand, many other companies provide this motivation in order to retain these employees by providing them with better maternity compensation conditions or arrangements (Helvar, 2009).
The author states that Alexander Hamilton argued that this clause would be very important for the Federal government to use so it could function properly. He argued that many responsibilities and powers were given to the federal government in the Constitution were not presented in a detailed manner.
Ultimately, the issues for Carswell is whether or not the UPOD was defective, and attributable to Hot Ideas and more importantly, whether or not his loss of hearing is a result of that defect. The 1987 Act, has as its aim, the regulation of safety and permitting claims for damages within the scope and range of product liability
The foundation of the International Labour Organisation primarily as an outcome of the sympathies evoked by the plight of labourers all over the world.(6) The working conditions were so poor that in the middle of the 19th century, many young working-class men were declared unfit for military service because of deteriorated physical health. (7)
One of the solutions to get rid of the free-riding problem is to promote cooperation for ensuring the provisioning of the public good. It can generally be defined as the good that has the two important features of being non-rivalled and non-excluded. This refers to the consumption of any public good not reducing the accessibility of this good.
It is important to state that the principle of overriding interests was introduced to assist those whose interests would not reasonably expect to be registered. This includes things such as short term leases, legal easements, as well as squatter’s rights and the rights of persons in actual occupation.