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The author of the paper states that in the case of First Energy (UK) Ltd v Hungarian Bank International Ltd1 the Court of Appeal held that the law of the contract between two commercial parties would be based upon the reasonable expectations of honest businessmen being protected. Seats R Us had agreed to perform the service.
The author states that it would probably also surprise the liberal-minded person to know that Durham and Heaven say that conservative personality types are identified in part by the individual’s belief of fair and just social ideals. The personality type, contrary to what is perhaps popular.
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The principal objective of the Warsaw Convention was to establish the uniform application of rules to international air transportation. However, the Warsaw System has failed to achieve its objectives. Therefore, in order to achieve the goal of uniformity, these conflicts and disparities have to be resolved.
The underlying issue remains: can Parliament bind its successors? The orthodox perspective is that it cannot. The Parliament which is supreme is the current one, and so it will have the power to repeal the legislation of any previous Parliament. If they enact something inconsistent with an earlier Act, the courts treat it as implied repeal.
As trustees prior to Brenda’s death, Ann, Brenda, and Claire would have absolute power in the Property, which means that they could effectively sell, lease or mortgage the property. However, under the general law of trusts, any such action must be in the best interests of the trust and have regard to the rights of the beneficiaries.
The legal and religious values have a significant power to keep people on the right road. However, they might still be inclined to defy normal settings of their existence for the esteemed purpose of having fun. The activity of hard partying with cocktails and drugs is a norm in modern America, but drug usage lasts for a limited period of time.
Accidents are always common amongst drunkards, mainly because they are unable to control themselves when driving. This inability to control themselves emanates because of the existence of alcoholic substances in their body system. However, the impact of drinking is not only related to the transport sector.
The author specifically directs his discussion to the European Court of Justice (“ECJ”) which has heard several cases that have progressively limited the ability of individual countries to restrict the establishment of companies, agencies, branches, and subsidiaries in other European countries.
The author states that the oral dispositions that Donna has made prior to her death appear to be somewhat different because she has expressed oral intent to transfer her Burberry shares to her brother and sister and rights to her autobiography to her friend Charlie, while the Porsche car is to go to her friend Josh.
The author states that identifies several factors that can create difficulties in interpretation of statutes, such as for example, the use of ambiguous words or unforeseen developments or in some cases where a drafting error may cause literal interpretation of the statute to produce an absurd result.
The author states that the person, called a trustee, is supposed to hold the property in trust for others, or for a particular purpose or purposes. The trustees have legal ownership, whereas the beneficiaries have equitable ownership. Trusts may be of various kinds, but the broadest division may be said to be that of a fixed trust and discretionary trust.
The author states that from a technical viewpoint, the term ‘Washington Consensus’ is a name given to the policies which were suggested by Washington based institutes to the Latin American countries in order to bring up and improve their economies. The term was originally created by Williamson.
The author states that employees must be allowed a hearing and the right to appeal the decision to dismiss them. In the case of Sarah, she, therefore, has good grounds to file an unfair dismissal suit because she has not been provided the three-step dispute resolution procedure. In the case of Simon however, he was provided the hearing.
Soft law, being nonbinding, can be easily modified, hard law must go through a long drawn-out process to achieve the same goal. Secondly, soft law takes into account the social content in different countries and allows for the development of a consensus or acceptance in each country before the laws gradually become binding in their force.
Public safety is at risk in the road traffic offense of omission and if drunk drivers were under no obligation to participate in breath tests, the streets would become unbearably dangerous. This is particularly important in a society where the incidents of motor activity have advanced to mammoth proportions.
Laws alone do not support the effort to ameliorate the problem of employment discrimination or remove the blatant abuse but proper and positive training would likely reduce this symptom. Diversity training has proven ineffective because the trainers tend to dwell on differences rather than solving the problem of discrimination.
On account of the abolition of the notice requirement, considerable time and resources are saved. However, this requires self – assessment by undertakings, which could sometimes be in breach of competition rules. The consequence could be a liability for breach of competition rules at a later date, and this is a drawback in the new procedures for the market participants.
English and Wales established the police and criminal evidence act in 1984 as a move to curb crime rates in the region. The act outlined a comprehensive legal framework that gave guidelines on how the police would use its powers. The act has changed the shape of English policing over the years. However, just like any other act, PACE has had its shortcomings.
One of the root causes of sex trafficking is legalized or decriminalized prostitution industries. An argument supporting legalizing prostitution in the Netherlands was that legalization would help to end the exploitation of desperate immigrant women who had been trafficked to the country, for prostitution.
The author states that the crime rate also got its place along with the growth of civilization with an upward trend and increase. The need for rules and systems was felt to preserve calm and harmony. Subsequently, social norms, folkways, mores, and taboos came into being to bring regularity in society.
Although the aforesaid comment is not exactly truthful, it is close enough to reality, especially when considered in the light of the complexities that such a contract can create. The given situation at hand seeks to delve into the very core of the definitional concept of a contract. The most popular manner of defining a contract is by treating it as a promise enforceable by law.
Changes in legislation and precedents set by case law have had the effect of defining malice aforethought in narrower terms. The statement made by Coke needed there to be a degree of ill will or premeditation to be present for the accused to be found guilty. The recent amendments have meant that the prosecution need only show that there was an intention to kill.
The Bill of Lading has three primary functions. It provides a document of title, receipt of goods and more importantly, it provides evidence of the existence of the contract for the carriage of goods.1 The receipt of goods as evidenced by the Bill of Lading makes provision for the carrier to deliver the goods in a manner previously agreed.
History reveals that the advantage of general principles of law was taken in all legal systems. The objective of these general principles is clearly to assist in situations where written sources of law have failed to provide an answer. There are several occasions when the written form of law provisions couldn’t justify the legal interpretation of all the questions which come before the Courts.
There is no legal ambiguity in the Saudi Arabian government’s assertion that the United States has no right to prosecute persons involved in an incident that occurred in Saudi Arabia. All International jurisdiction laws enforce the sovereign rights of states to try and prosecute criminal offenses occurring in that state.
One of the first things to consider in this instance is who is to clean the rubbish. The Council will not because this is private land and the public safety is not affected. The Environmental Protection Act of 1990 states that “it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste to prevent the escape of the waste from his control."
In the case of Jackson and Others, v HMAG the validity of the Hunting Act of 2004 was challenged on the grounds that it was based upon the Parliament Act of 1949, which in turn could not be construed to be an act legally implemented by the Parliament and was therefore invalid since it did not possess the necessary Parliamentary mandate.
Charlie runs a car park, which has a sign at the entrance that announces ‘£1/hour'. Charlie always sits at the entrance and issues parking tickets. Ernie enters the car park in his car and as he enters the park he shouts through the window 'I don't agree to your offer and won't pay anything'. Ernie parks his car and leaves in it after two hours.
Hong Kong gained sovereignty from the rule of British and hence reverted back to Chinese independence on July 1, 1997. As a unique Administrative Region (SAR) of the PRC-People's Republic of China, Hong Kong benefits from an elevated degree of independence with the exception of protection and foreign affairs and vestiges a free civilization with legally confined rights.
Road accidents leading to the highest mortality rates are conspicuous among young teenagers. If they get a license to drive at an early age they are prone to have off-road and on-road crashes. Off-road motorcycling has increased the risk of an accident. The lower the age of the driver, the more he is at risk of having an accident.
The author states that each of the claimants will have to establish that Whacky Builders Ltd. is vicariously liable for the negligence of its employees if they hope to be compensated by the company. In any case, they can sue the individual workmen in their personal capacity or jointly with Whacky Builders Ltd.
Since the year 1948, the various revisions to the Marriage Act have removed the restrictions on a woman marrying her father in law. In 1960 in particular, most of the restrictions on marriages between in-laws have been removed1. As things stand now, a man may marry his son’s wife when if she has been divorced, so long as both individuals are adults over the age of 21 years.
The principle of insurable interest refers to the fact that a person seeking insurance must have an actual pecuniary interest in the subject matter of the insurance, i.e, he must stand to lose something of value and not benefit from the loss of the insured matter.(www.helplinelaw.com). This appears to be a valid principle.
The study of policing history is to appreciate where the present policing stand today (i.e. I believe the history of policing offers us а positive perspective and how we have embraced present policing values via interpretations of а past and establishing meanings through the researching of historical documentations left by people of other times and places.)
It is important to know that the Parliament has not defined murder, despite many requests for decades to place the murder on a statutory footing. The Report of the Select Committee of the House of Lords on Murder and Life Imprisonment reiterated the necessity of doing so, in 1989 itself. It is not that the successive Prime Ministers and Law Secretaries did not think about it.
The author states that the invention of the Trust cannot in itself, be viewed as the ultimate achievement since there is a long history of established principles of equity that have been responsible for setting up the ideological framework of the law.
The author states that the evidential clues have been tied to a prime suspect depending on CCTV footage as well as statements made by the informant and the witness. In this case, analysis will be done on the basis or grounds of the arrest of the suspect and the viability of the evidence obtained.
When required to determine whether a car was unmerchantable the Court should consider (i) whether the car can be driven safely, (ii) the ease or otherwise of repairing the defect, (iii) whether the defect can be completely repaired, (iv) whether there are a number of minor defects and possibly (v) any cosmetic factors which appear to be relevant.
On the basis of the above, it may be concluded that the Jackson case has questioned the traditional notion of Parliamentary sovereignty. This case is important because it raises the issue of curtailment of the powers of the House of Lords, which in turn raises the issue of imbalances in the bicameral system.
This essay will first describe the concept of nullity of a company by describing the concept, determining the legal entity that it refers to, and determining the effect that the concept will have on such an entity. The essay will then discuss whether such a concept is used in English Law as illustrated through cases.
While laws have been revered as well as vilified by philosophers across time, it seems then no other thinker has taken the approach to understanding the law as it was taken by Louis Althusser. By subjugating Law to the status of state apparatus he clearly shows his Structural Marxist leanings as well as the evidence of empirical philosophy.
Sarmas contends that applying the presumption in fact disadvantages women since they are already economically disadvantaged. Therefore, the application of a uniform law of presumption or presumption of advancement in the case of resulting trusts corroborates McHugh’s view that it is not one that reflects the current position as it exists.
Defects might arise in a document due to various reasons, for example, a non-genuine bill of lading has been held to be a defective document, as has a bill of lading which fails to provide the buyer with 'continuous documentary cover. In general, the seller's obligations with regard to the documents have been deemed to be stringent.
For several years now, there had been many court cases of which the jury trial was questioned, in the United Kingdom, the US, and elsewhere. Shadows of doubt, shady and apparent, were presented against these deliberations, and votes, but it is still used and trusted by the public in determining the guilt of persons charged with a criminal offense.
The question of determining whether an agreement is a license or a lease has traditionally been based upon the conferring of exclusive possession5 of the premises to the occupier, to the exclusion of the landlord and others6, which makes him a tenant under Part II under the Landlord and Tenant Act of 1954.
Most youth courts are developed from the assumption that most offenders are more likely to have been brought up in disadvantaged families or they may not have received penalties for previously committed crimes, for this reason, therefore, these courts have developed in our present world to cater to such needs.
The author states that on that fateful evening of December 2, 1984 things would have been the same for most people who have been living in the slums near the factory of Union Carbide plant, but it would never be the same. A gas leak during the night had caused “7,000 people died within days.
The author states that the activity of policy is applicable to governmental organizations, private sectors, individuals and groups. The examples of policies are parliamentary rules, orders from presidential executives and corporate policies. The studies with respect to policies are the decision making process under an organizational level.
The author states that the rate of incidence of violent crimes is increasing day by day all over the world because of various reasons. Britain has a higher crime rate than any other rich nation except Australia, according to a survey. Scholars and other researchers cite different reasons for the increase in violent crimes.
The defense of good faith and “force majeure” is valid in cases of breach of contract. Where there is a clear showing that the act was performed in good faith and that the resulting damages were caused by acts of nature or “force majeure” such defense is valid provided that no delay in the performance thereof has been incurred.