Law Essays

\Fears that the actuality of international cooperation will prove to be one-sided, or at least uneven, furnish a powerful incentive to maintain the status quo until such time as it becomes clear that conditions elsewhere have also changed, or are in the process of changing, in a genuinely substantial way. 

The general principle of foreseeability and proximity applicable in solving cases presenting the existence or otherwise of a new duty situation was laid down by LORD ATKIN in the celebrated case of Donoghue V. Stevenson. The existence of a duty situation or a duty to take care is thus essential before a person can be held liable in negligence.

Comparative law has emancipated into several branches such as comparative criminal law, comparative tax laws, comparative civil law, comparative administrative law, comparative trade laws, comparative commercial law, comparative cyber laws, Comparative Intellectual Property Law, comparative constitutional law, and comparative constitutional law.

The author states that she brought a suit against the tobacco major Philips Morris for misling her husband in particular and thousands like him to smoke their brand of cigarettes through attractive sales and marketing campaigns. According to her petition, Philip Morris never disclosed the harmful and dangerous after-effects of smoking cigarettes.

The author states that parents are suing at affirmative action given to black children to attend mostly white schools, and claim that their kids were not allowed to attend a school because of this. They see any school decision based on color to be racial and are claiming that even action to try to integrate schools is still segregation them.

An offer is made when a person makes a definite promise to do or to abstain from doing something and it becomes binding when it is accepted by whom it is addressed to. An offer may be either verbal and written.

Other influences include the court's prior and present view of children as witness in comparison to adults in reference to competence, credibility and trustworthiness. Proper procedures in the pursuit of gathering eyewitness evidence can in fact be aided by procedures utilized in the process if police utilize a specific framework to manage.

Because confidence is an equitable doctrine, it can only provide limited protection against third parties who deal with confidential information, without notice of it. Where the third party who deals with confidential information is wholly innocent and is a purchaser for value (paid money for it), nothing can be done. 

By definition, simple contracts are those contracts that are not deeds. They are informal in nature and there is no prescribed or mandated form for their validity. They may be made orally, in writing, or they may be implied from the conduct of the person engaging in the contract. Thus said, the same essential elements for a valid and legally binding contract also apply to simple contracts.

The second is his claim against the ambulance driver and the hospital or the driver’s employer under the principle of vicarious liability for personal injuries sustained caused by negligent driving. Crates Ltd (or “Crates”), on the other hand, has a claim for damages against the workman Eddy for his negligence and against Eddy’s employer, Divies Ltd. (or “Divies”).

The author states that quite a substantial portion of especially third world countries’ gross domestic product is due to the number of their international trade affiliations. Throughout the time since the origination of bartering from neighbor to neighbor or country to country, there has been a substantial increase over the past few centuries.

There are two types of euthanasia.  They are passive and active euthanasia.  Passive euthanasia commonly refers to the withholding of medical assistance knowing that doing so will result in the patient’s death. In a normal situation, a patient suffering cardiac arrest will usually require resuscitation efforts on the part of a medical team in order to recover.

There are two major approaches to juvenile justice, the welfare approach, and the justice model. The justice model has as its cornerstone the notion that the punishment meted out should be proportionate to the crime committed; as such it is commonly known as the "theory of commensurate deserts" (Hudson 1987: 38).

The elements of a valid sale of goods contract are simply the offer of a good for sale at a given price by a merchant,the acceptance by the buyer, consideration and intention.In some cases the objective test will not apply under the UCC,this is in the case where the reasonable person cannot identify the real intention behind the offer and acceptance of goods.

In examining Wavy Line’s claim of £3,800 against Merchant LTD, it is prudent that we examine the implications of the bill of laden as delineated by both the Hague-Visby Rules and the Carriage of Goods by Sea Act of 1992. The first question regarding the claim made by Wavy Line against Merchant LTD questions the ownership of the bill of laden.

In light of there being a bodily injury to the pedestrian, this could be tagged as “manslaughter”. So I have found that this case definitely involved three intermediate offences. Even with all the evidence here this case still is not definitely, without a doubt, a felony. It fits more into the category of “wobbler crime”.

When examining the evidence in favour of resolving disputes through arbitration – in which parties take their conflict to an impartial third party, who provides them with a resolution (Schellenberg 1996, p 196) – rather than adjudication – resolution of a dispute through the court system – both the identity of the involved parties and the scale of the dispute must be taken into account.

It is important to state that judicial activism and restraint are points of controversy for politicians, the general public and the Supreme Court itself.  Judicial activism refers to the court’s willingness to become involved in major issues and the extent that it makes decisions based on constitutional grounds.

The UK immigration and asylum law are subject to the provisions of the international treaties it has acceded to - provisions from the Convention Relating to the Status of Refugees 1951, the European Convention on Human Rights and the Convention for the Protection of Human Rights and Fundamental Freedoms 1950.

Among the different councils of the UN, the Security Council is the one in charge of bringing out the primary purpose of maintaining peace and order among the different nation members and seeing to it that global order is in placed at all times.

Those are given below: (i) There was no evidence by which the allegation of racist could be supported. Investigation of the police officer in the murder cases did not give any complain against specific officers and in the same way could not cover the Racism's broader issues.

 The United Kingdom legislation on the rights of all the workers, embedded in the Commission on Equality and Human Rights of the year 2006 has over time attempted to reduce the incidences of discrimination within the work place. In relation to this, most corporations or organizations whether public or private have adopted similar non-discriminatory policies.

Natural laws are not necessarily written and they are considered superior to positive law. Positive laws are those laws that have been enacted by the proper authorities for the government of a society (1998). Positivism actually looks at what positive law is.

Understanding how commercial contract arbitration affects commerce on a global scale we must understand the rules behind arbitration. We must respect the language used as being a universally accepted communication in regard to these contracts. Arbitration is a method to provide neutrality, confidentiality, and a legal landscape.

In order to give effective analysis to this question it is important to look at relevant Irish case law on this issue in order to determine whether or not such actions constitute a binding contract enforceable in law.

One of the most important issues is the fact that still there are no effective international bodies to monitor the application of international rules regarding the protection of human rights. Moreover, states around the world are likely to ignore the decision of these bodies related to the violation of specific human rights.

The House of Lords rejected the argument and held by a majority that the car belonged to Moorgate Mercantile Co for the reason that failure to register by Moorgate had not resulted in a representation that there was no H.P. agreement on the car and neither had they been negligent because there was no duty to register since registration was voluntary.

UK has its first legislation regarding immigration in the 1962 Commonwealth Immigration Act which restricted the flow of passage into the UK from other parts of the Commonwealth. There have been several statutes since then including the Immigration Act 1971, Race Relations Act 1976, the Human Rights Act 1998 and the British Nationality Act 1981. 

The International Covenant on Civil and Political Rights gives to the Maori culture the right to engage in fishing activities and it reiterates its obligations to ensure that these rights are recognized. The Fisheries Settlement has achieved this to a large extent in as much as it gave them the right to revenue through quota together with Maori participation.

Pursuant to Article 40 of the United States Convention on the Rights of the Child, the State recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, taking into account the child’s sense of dignity and worth, and the child’s age.

Dominic died a year ago having appointed Tick and Tock as his trustees. His will contained the following provisions. My trustees are to hold £175,000 on trust to distribute as they see fit to the past and present members of Oakley Riding Club. £16,000 on trust for my niece Abigail so that she can learn to ride.

It includes the basic concepts of status, property, obligations, and torts. It seems to be difficult to determine why states voluntarily choose to create and adhere to international legal principles when they can opt not to. An examination of the following theories that support adherence to these principles could help in identifying such reasons.

It is necessary at the outset to understand the meaning of the term ‘burglary’ in its current context. The action of breaking into the edifice or premises of another person is generally called burglary. The motive for the action is to commit a felony - steal, rape, or murder. Thus the very act of trespassing into the house of another person with the intent to commit a crime is called burglary, whether any offense is committed or not.

In a six-month period from 2003, the force stopped and searched 346 black people, as against 201 in the same period in 2004. The death in 1993 of teenager Stephen Lawrence highlighted the issue of institutionalised racism in the police. Among the recommendations of the Lawrence inquiry was the introduction of new guidelines under which the police had to log the number of people stopped, as well as searched.

The courts of law in medieval times enforced the law of the king. The range of claims that these courts agreed to hear gradually became more restricted and painfully technical, and many deserving plaintiffs were denied a hearing. A plaintiff's alternative was to send a petition directly to the king, asking for mercy to decide the matter.

The Law Center has been credited for "the desegregation of recreational facilities, the reappointment of the Alabama legislature and the integration of the Alabama State Troopers" (Lester, 2005). The Southern Poverty Law Center has received international acclamation, and has been admired "for its path-breaking litigation, particularly its successful cases against hate groups and its tolerance education programs" (Lester, 2005).

The charges are serious and one of the main accused, DAIRCOR Pty Ltd, is in damage control mode. The Australian Competition and Consumer Commission (ACCC) have begun investigations against the companies for breach of ss 45 and 45A of the Trade Practices Act 1974. The episode has also attracted class action for damages under ss 82 of the Trade Practices Act.

A case involving the information being disclosed by clients especially the personal and confidential information that becomes known to the counselor and the amount of these data that can disclosed to only limited people and with the consent of the client.

The basis and philosophy behind the proposals within the “Quashing Convictions” Report is stated quite explicitly by John Reid, the Home Secretary, in his Foreword to the report.

The author claims that Indonesian people are yet to come out of the trauma they experienced during the Tsunami when the Shariah laws are being implemented in a manner which reminds us of the Stone Age. On the one hand we are talking about equality in the society, but on the other hand we have the example of women being prosecuted.

For the elderly or disabled coach party member, his injuries were caused by the unsafe pathway. As a matter of fact, even if the pathway was made safe already, it would still have been the duty and responsibility of Rare plants Ltd. to have provided safety escorts or ushers to assist the clients in seemingly hazardous areas of the center.

Mike purchased a house in his sole name, the purchase money coming from his divorce settlement and by way of a mortgage. At Mike’s invitation, Lynn Moved into the house shortly after completion of the purchase. In 1991, Lynn gave birth to their first child, changed her surname to Mike’s, and held herself out to their friends and family as his wife.

Many successful and well-known business companies come in this form like Microsoft, Nokia, and Friendster. They are in fact corporations. One point being considered is that forming a corporation is moderate in terms of burden and cost since there are usually more people who share in the capital and who join hands in running the business.

According to the federal anti-kickback statute, a part of the safe harbor regulations, it is against the law to knowingly solicit or pay a person or a group of people to refer individuals on state or government medical insurance to your medical center or group. This is essentially what he is being asked to do.

The first wave of reforms occurred in the late 1960s and early 1970s when most developed countries substantially eased their divorce rules, permitting no-fault divorce in which marital dissolution is possible without proving matrimonial misconduct. The no-fault ground is described using the blameless terminology of irretrievable breakdown.

Equity can be defined as a system of doctrines and procedures which developed side by side with the common law and statute law. Also, equity is the degree to which one party judges that another party will fulfill its commitments and that the relationship is equitable. It is assumed that there is a reciprocal relationship between equity and trust.

The agreed-upon amount was £29, 000, on completion of the work. Subsequently, Print UK suffered a significant diminution in its workforce.  The Print UK offered its remaining workers, £500 as a bonus if they would work extra hours till the completion of the Books Ltd, contract. After the completion of the work, Print UK refused to pay the bonus amount to its workers. 

By looking at the entire practice of telemarketing in obtaining customers for gas companies in this time of media savviness, consumers are far more reliant on their knowledge of their rights as consumers as well as understanding that there is a large problem of identity theft occurring where their data is far more susceptible to unscrupulous usage 

This is done by resolving a case study which revolves around three parties – the lessor, the lessee and the contractor. The paper is divided into two sub sections: the first section specifies the definition, meaning and relevance of the comparative law.

The question the layman has is whether these gangs are mere criminal groups that operate within their areas of residents but on a closer look and with the evidence of similar crimes committed elsewhere, a shadow of a doubt is always cast as to whether the gangs operate within larger scales than that which meets the eye.