Law Essays

It has also been said that Foakes and Williams should have been decided on special facts and merits on the basis that the practical benefit to the creditor arising from the agreement, in that case, was not proved to the satisfaction of the court. McKendrick has expressed the view that although the case of Williams v Roffey Bros. & Nicholls Ltd. [

The police to show the people and the government that they found the culprits have framed charges on the three teenagers and accused them of murdering the three boys based on Satanism and the satanic cult involved. Police suspected the three teenagers merely based on the items found in the three teenagers' heavy metal T-shirts.

Hannah and Ian have been the only consistent parental support provider in this case with parental responsibility. Hannah and Ian, have the clear Parental Responsibility according to Children Act 1989, as the mother is irresponsible and not committed to taking care of the children, and the father who adopted them is physically not around.

In Australia today, there are two major sources of law called as common law (judge-made) and statute. Common law is originally received from England and it is a law which made by judges in the common law courts through the use of doctrine of precedent, in other words, the previous decision by judge.

Thirdly Gilfil plc may proceed against Eliot Electrical Manufacturers for having duplicated its patented version Phoebus brand. in the name of Pharos which Barton bought from Eliot Electrical manufacturers and supplied to Tryan. Fifthly, Gilfil plc may file a suit against the carriers for having negligently delivered goods to Tryan resulting in damage of goods in rain irrespective of what the carriers' standard form of contract stipulates.

Another instance where the Tort overcomes the limitations of the law of contract is in construction cases. When a builder is engaged to construct a building, he constructs the building, after some time the owner of the building sells to the other purchaser subsequently the building gets damaged due to defective construction. 

Before analyzing the prosecution procedures against the companies it is desirable to know more about the criminal law under which these companies can be brought to justice regarding the injury and death. The criminal law is not only concerned with compensation between offender and victim but also with compensation orders and other reparative ideas conniving themselves as a regular adjunct of sentencing options.

The Bill Of Rights from 1948, clause 17 dispose that “ every private person or corporate body has the right of respect considering his assets. No one can’t be deprived of his property only in the case of public utility and in the conditions stipulated by law or by the general principles of international law. “

False confessions are expensive from a legal point of view, but rather more importantly, the conviction of an innocent is a human tragedy. The act of confession by an innocent has a considerable research history in psychology and law. Much of it has been positive; however we propose a normative study of why innocents confess.

Birth in Wulfrunia does not in itself confer Wulfrunian citizenship. However, it may lead to a reduction in the residence requirement for naturalization as a Wulfrunian citizen. Foundlings under the age of 6 months are legally presumed to have Wulfrunian citizenship. A child born to Wulfrunian parents is a Wulfrunian citizen.

The Treaty on European Union (Maastricht) 1992 involved the creation of the European Union. UK incorporated of the EC law into domestic law by European Communities Act 1972. By virtue of ss .2 (1), 2(2), and 2(4) EC law was directly incorporated.1 Art. 221 provide that the Court of Justice will consist of fifteen judges.

Every company incorporated by registration under the Companies Act must have a Memorandum and by virtue of Section 1 (1) of the Companies Act 1985 the memorandum must be subscribed by the persons who have the intention to form the organization. These persons are known as ‘Subscribers to the Memorandum’.

This paper will outline what these requirements of licensing are as well as the fees and fines outlined within the regulations document based around the director's and embalmers' field of expertise. In order to even become a licensed embalmer, there are certain requirements that are required to be fulfilled prior to being allowed to practice embalming.

In the case at hand, Horace has sold the property to Pavel and has disappeared, Wynona who is Horace’s legal wife although may not be able to get an equal share from the income generated from the sale of the property. But her right’s, as a wife, shall be upheld should she choose to take Horace to court.

Using the Internet is part of everyday life across the world, and globally, the principles, laws and regulations that apply to liberty, now also apply to the Internet. This is because the Internet is now an area through which business relationships as well as personal communication are maintained.

The concept of self-governance may be appropriate for matters having civil consequences but a catastrophic blunder for matters pertaining to crimes, offenses, contraventions, and cyber crimes. Further, the Government must also draw a line between “Privatization’ and “abdication of duties” as imposed by the Supreme Constitution of India.

My advice to the employer would be that even if certain procedural steps are not taken by an employer, there might still be a compensation reduction in the employee’s award if it can be shown that the presence or nonpresence of those mandatory procedural steps would not have made a difference to the decision to dismiss.

The author states that the inclusion of such rights was deliberated upon even during the framing of the original constitutional convention, but the idea did not find many takers and it could not be included in the constitution at that time. Subsequently, in 1789 James Madison introduced a series of amendments out of which ten were ratified.

Justice and welfare are recognised as distinct theoretical constructs, although it is also clear that in practice they overlap along a continuum. Similar for each is the multiplicity of meanings, reflecting parts of a larger umbrella term. Decision-making entities involved in child welfare, their care and protection.

The law of evidence does not stop with the guarantee of the truthfulness of the evidence. They also require that the non-expert witnesses testify according to their personal knowledge and in what they call the “language of perception.” Witnesses must testify in a highly conventional style, quite difficult to master, often enforced by the judge's orders, “Just tell us what you saw” or “Just tell us what you did.”

At present in almost every community, police and the concerned groups are vigilant in apprehending those who sale prohibited drugs and most of all rehabilitating those who are addicted.There were studies conducted and laws created to eradicate and prosecute individuals who are engage with drugs and send them to criminal courts. Those people who were apprehended and found guilty were put in prison. According to the study of Belenko and Dumanovsky of the New York City Criminal Justice agency in 1993: The number of drug arrest in the United States between 1980 and 1989 increased by 134 percent.

Before I proceed with an analysis of the law governing this question the following facts have to be taken note of. Firstly Julian is a senior employee of a firm that actually “innovates” and creates new tools. Secondly, this may be his part-time hobby but he is using the resources of his office like the equipment and the infrastructure etc.

This would include everything from traffic stops to search and seizures. The community also views the court system through warbled glasses. The prosecutors are always seen making deals with defendants and judges are viewed as being too lenient. Because there is little faith in the fairness οf police procedures and court outcomes the public turns to the media to get the real "truth".

The Supplier of a service acting in the course of business in England, Wales and Northern Ireland to carry out a service with reasonable care and skill and, unless agreed to the contrary, within a reasonable time and make no more than a reasonable charge.

The HCA ruled that the appeal filed by Ms Hackshaw against Mr Shaw be allowed with costs, because Mr Shaw did not exercise a proper duty of care in the use of a lethal weapon but, on the contrary, was manifesting “ultra-hazardous” behaviour, also going beyond the boundaries of merely collecting evidence that he could present to the police.

Credentials to be required of the subsidiary contractors shall include expertise, experience and probity. Under such circumstances, and even in the remote possibility thereof, the company has to seriously assume that it has to absorb all liabilities in case of lapses and drawbacks in the project accomplishment.

Negligence is viewed as the same as being careless, as someone could be doing everything within their ability to be careful, but nevertheless, fall short of what is expected of them. a situation where someone suffers a loss and is injured as a result of the negligence of another, they may be entitled to claim losses from the negligent one.

While the main purpose of the adult criminal justice system is to punish the criminal according to the level of his or crime, the aim of the juvenile justice system is to apply rehabilitation or mentoring to juvenile offenders in order to prevent further crimes and to change their delinquent behavior.

The author analyzes the case where Cliff agreed to supply a Boiler to Desmond for his laundry business. The present case comes under the purview of promissory estoppel, wherein Desmond agreed to pay a bonus to Cliff. Though the payment was in respect of an already existing contract, Desmond was benefited by the completion of the work in time.

The author states that many elements of our society have also played a role in how we feel about capital punishment—political and interest groups, the media, and the public as a whole being the major ones. First, he’ll discuss the various political and interest groups that are the relevant players.

The author gives an example of an industrious farmer who manages through hard work to produce a surplus of food for the winter while a lazy neighbor spends the summer relaxing. Must our industrious farmer give the surplus away because without it that neighbor, who refused to work, will suffer?

The author explains that it was the first hospitalization for the woman and she had had a severe attack in the lower quadrant, in the same are, the last December. She has severe pain and a mass formed, in the area and had come to the hospital for a checkup and medication.

For some, the law is a bulwark of stability and order – ever-unshakeable, created by assumptions and presumptions both tested and timeless. The study of legal history as an academic discipline, however, militates against this argument. Indeed, the law is infused with irresolvably opposed principles and ideals, and this legal indeterminacy, as it is called, compels the judge to make a choice that is not dictated by law.

The job of a notary is to administer truthful oaths and declarations, draw factual powers of attorney, and attest to the authenticity of the signature, execution, and contents of documents, deeds, and contracts. This makes notaries the sole guardians of the integrity, veracity, and reliability of public documents.

A more jurisprudential analysis of the attitude of the courts would suggest the utilitarian approach of the achieving the greater good for the society as put forward by Mc Kee (2000) who believes that the good of the society is based on trial judges or juries returning fair verdicts after looking at all the evidence available.

In a majority decision, the House of Lords in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] demonstrated that the ‘differences between common law … and equitable rights and remedies cannot be ignored merely by the invocation of the language of restitution and unjust enrichment.’

Further, while there is a question of fiduciary relationship in the case of agency, this is not available in the case of franchising business where  an agreed pre-determined percentage of earnings would be retained by the franchisee and the rest would have to be passed on to the franchisor. Frieda needs to consider all aspects, in terms of both benefits and costs before launching on her franchising business.    

The Act is also intended, amongst many other new regulations, to prevent marriages of immigration convenience. Those asylum seekers that fail to be admitted into the country but who cannot be immediately deported are also forced to take part in some form of employment in order to pay for their own sustenance and housing until they depart (Stansfield, 2005).

The report starts off with an introduction that spotlights the relevance and application of Legal Systems, and then moves on to the distinction part while exhibiting chief points and applications of both these systems through the journey of comprehension within the heart of the paper… After which the report has been briefly concluded.

It is unrealistic to expect companies to do away with IP agreements entirely. Nonetheless, restrictions should not be so limited that only a certain sector of society profit and that property owners benefit only in terms of profit. In today’s global society, it is also important to take into account humanitarian issues.  

As the author of the paper tells, it is the employee who fully or partly caused the incident.  The employer has no liability whatsoever in the occurrence of the accident.  It is the employee who has caused harm to himself and no fault could be attributed to the employer or the physical working conditions.

The word fiduciary comes from the Latin word 'fides' meaning faith. A beneficiary puts his entire trust on a fiduciary, who in turn has to keep his self interests at bay and must not profit from the benefits of the position he holds.

The author states that technically, Edward Sherman does not appear to be in any trouble. His agent, V.R. Brokers’ principal, Robert Renault, conveys Sherman’s decision to cancel the counteroffer to Lyon just before Lyon could hand over the counteroffer, signed and accepted by him, to Renault.

Crime, violence, and anti-social behaviour are apparently high on the government agenda in recent years. In July 2004, marking the end of what Tony Blair describes as ‘1960s liberal, social consensus on law and order’ the Home Office launched a 5-year plan to fight crime and anti-social behaviour, with the aim of reducing crime to 15%

In view of the discussion, it may be observed that both the true and fair view and fair presentation have not been precisely defined and both are assumed to give a meaning in the context of usage of the terms and the relative perceptions and frameworks. Both concepts have the same ultimate objective.

A contract according to English and common law is a legal binding containing exchange of promises between the parties involved. The law will enforce the contract if any of the parties breach the contract. The breach of the contract can be recognised by the law and the remedies were provided in the law to make up the loss for the victim.

International law confers sovereignty to coastal states over territorial waters. However, other states have a right to an innocent passage in the territorial waters. Disputes arising on the right to the innocent passage in territorial waters are many and two such cases, the Corfu Channel case and the Anglo-Norwegian case are evaluated with respect to the regulations.

This was not the case for Mary; Mary intended on killing Tim, but she had no idea that her own sight would be the cause of Tim’s death. There are numerous people who may intend on committing murder but have not been successful. So Mary is therefore not guilty of the offence even without the intent of so doing.

As laid out in Bolton v Stone, participants in sports are obliged to achieve the standards of ordinary, careful men, but the breach of such duties are to be examined by the courts by taking into account the circumstances of the particular case, as well as the normal rules and standards that exist in the field of sport.

However, it is difficult to identify precisely a definite date, from which the crimes became a serious problem for the society. No specific solution has been found to tackle this problem. People have attempted to find different solutions like inventing sophisticated technical devices, making psychological researchers, which aim at preventing the crimes.