Law Essays

The term “completion of a contract” could have many meanings depending upon the context in which it is used. In case where it implies the completion of the whole assigned task, it has attached to it specific obligations of the contractor and the employer as par the express or implied terms in the contract

Caveat emptor (“let the buyer beware”) is the basic underlying principle in the law of contract. The situations in which a contract will be avoided on the ground that one or both parties have made a mistake will be somewhat limited. However, cases have shown that in certain circumstances a contract may be void in common law on the ground that there was a mistake.

As the report Illegal use of VOIP states the number of VoIP service providers is increasing day by day. NIP telephony services require interoperation of IP networks and this open nature of the IP networks open niche for its illegal uses. Nowadays these services are provided by unlicensed VoIP providers.

Who support marijuana legalization stated that cannabis can be used for recreational and medical purposes. People have been using marijuana for thousands of years already as an antidepressant, a painkiller and just for fun. Despite the fact that cannabis was forbidden in the U.S in thirtieth, people have been smoking till the present moment.

In this House of Lords decision it was held by a majority of 3 to 2 that a private care home providing care and accommodation for an elderly person under contract with a local authority was not exercising "functions of a public nature" within s 6(3)(b) of the Human Rights Act 1998.Lord Mance said that s 6(3)(b) covered situations where functions of a governmental nature were discharged by non-governmental bodies.

In the case of torts, the plaintiff is the victim of an alleged wrong and the defendant will be either directed by the court to pay damages to the victim or else to desist from the wrongful activity. A tort is a violation of another person's rights or a civil wrong not arising out of a contract or statute.

In a knowledge economy where knowledge is considered private property. Intellectual Property laws play a fundamental role in ensuring stability and predictability. It has been suggested that these laws undermine public health by tending to put the cost of essential medicines far beyond the reach of those who desperately need it most.

The Government is the elected body of representative members of the party that comes into power, in a Democracy. It is divided into three organs-Legislature, Executive and Judiciary. The Legislature is the Law-making body of the Government, the Executive is the organ that executes the laws made by the Legislature. 

The trade-in the European Union can be considered one of the considered focal points in terms of an economic process that transcends the national and domestic boundaries.  For that matter, the dynamics in the said process of trade and the exchange of products and goods can be considered an essential issue to discuss.

The claim of O for demurrage against Horatio is not tenable and has no legal basis to prosper. The extended docking of the Flying Dustman in the port of Montebuffo was due to the fault or negligence of its (Flying Dustman’s) master and under the general law on tort the fault of the latter is the fault of the ship owner.

Any constitution would evidently be useless if it did not constrain seriously – under the threat of sanctions- at least the ways in which access to power is gained, and the limits of the authority of the principal power holder. Any violation of such provisions is called a “coup d’état”, and, as such, is considered evil, and when possible punished. 

Upon appeal from the woman in the event of dissolution of the firm, the Court sought recourse to equity to help the woman get her rightful share. This is because the Court felt that a benefit has been obtained by one person at the expense of another, one party has suffered a detriment which needs to be restituted by the defendant

Public committees are investigating how offspring’s in institutional attention were handled in the earlier period plus the breakdown to examine housing organizations has now been recognized. There has been a response to the admittance previously by the office of the Minister for children that over three hundred alienated children looking for asylum have gone missing since 2001.

Geoff Daniels, in protest against the visit of the Zimbabwean government delegation to GDXS plc. The party plans to utilise this opportunity to publicly undermine the workings of the Zimbabwean government and voice the ideologies of the Party. Under the provisions of Section 14, the chief officer is at liberty to impose certain conditionalities on a public assembly, if it is deemed necessary to do so, in the interests of public order and to reduce risk of damage to property and the lives of the commuters, due to the public assembly.

When proving that there is a breach of duty of care, the claimant requires proving the following issues. To begin with, the claimant needs to prove that an action does not normally occur. This is where there is negligence. After this, the claimant can take advantage of the rule of law of evidence referred to as “the res ipsa loquitur”.

The Bob Supermarket should not pay Charles for the injury incurred because it was accidental and there is no way the supermarket could have prevented it. It was the duty of Charles to ensure that he walked well within the supermarket and avoid hitting or knocking things as it was his own movement that caused the injury to himself. 

Commerce has always been a backbone of the economic systems throughout history. But with today’s fast-paced and changing business environment, legislators saw the need to codify these rules, to better provide a more stable legal basis in terms of dealing with commercial entities in other jurisdictions. 

The author of the paper states that a ballistic body is a body which is free to move, behave, and be modified in appearance, contour, or texture by ambient conditions, substances, or forces, as by the pressure of gases in a gun, by rifling in a barrel, by gravity, by temperature, or by air particles.

The author states that Citizen X may be chosen over citizen Y for political office, and then the two of them will be unequal in the sphere of politics. But they will not be unequal generally so long as X’s offices give him no advantage over Y in any other spheres—superior medical care, access to better schools for his children, and so on.

The author states that the motive seemed to be that Major Shepard was in love with another woman and wanted to make to be with this woman. Major Shepard was sentenced to imprisonment for life without capital punishment. The initial judgment was declared through the United States District Court.

Freedom of the Seas during peacetime is open to all the nations and this has no connection with the national sovereignty. In 1609, the celebrated Dutch Jurist Hugo Grotius proposed the Freedom of the Seas that has become an integral part of modern International Law today. By the second half of the 20th century, coastal states had started demanding offshore-fishing rights.

Despite the ease by which a business firm from the West, for example, may merge with another from the East and undertake investments in the South, however, international business is as bound and regulated by law just as is business conducted within the boundaries of the home country.

The report will cover the following: center for sex offender management; cyber-predators; female sex offenders; juvenile sex offender research bibliography; Michigan’s criminal justice response to incidents of rape; child prostitution; commercial sexual exploitation; child sexual abuse’ compendium of OJP-sponsored projects related to sex offenders.

But the strict liability provisions are now dissuading firms from communicating useful information for fear that it may inadvertently contain errors or inaccuracies. The resulting silence is no benefit to investors. Strict liability simply makes no sense in today’s sophisticated and deep capital markets

There are the two basic documents for consumer protection within the UK, which provide the buyer with the right to receive the goods he buys in good condition, without any misleading trade descriptions. These are the Trade Descriptions Act 1968 and the Unfair Contract Terms Act. In order to critically discuss how consumer law can protect the interest of the consumer, it is essential to analyze the case study.

In my opinion it would be better if the USA implemented more simplified and transparent immigration points system, similar to the systems established in Canada and Australia. As far as labor migration of low skilled workers is concerned, the USA might implement its own Sector Based Scheme

“Employment law is something which affects most of us at some time during our lives, and it is the area of law that is probably the most complex and the most changed and added to. It can be said that it is also the area of law most often ignored or overlooked by employers in small to medium businesses”.   

More difficult is the problem of consequential - or "special" damages - in the form of injury to property caused by defective goods, for example, a fire caused by a short-circuit in a machine sold, which destroys the purchaser's plant. The buyer must have a damage claim under the Convention if such damages were in the contemplation of the parties since article 5 does not extend to property damages.

This was treated surgically on 2 December 2009. She died of a pulmonary embolism following a deep vein thrombosis on 10 December 2009.One scenario is that the nurse could be sued for the fractured neck of the patient's femur.

Sentencing, as well as post-sentence supervision, is discretionary in nature as the law requires that individual features of the cases be considered. Thus the law is flexible when it comes to dealing with dangerous offenders. Several factors are taken into consideration before parole is granted or refused.

The author states that the plaintiff must first establish a prima facie case of discrimination. Once the plaintiff has met the minimal burden of establishing a prima facie case, the burden then shifts to the defendant to produce a legitimate, nondiscriminatory reason for the adverse employment action.

Judges have been reticent about coming up with decisions that would curtail the right to expression, the alarming trend has been that courts have put such a premium on the right to privacy. It is difficult to summon moral outrage and righteous indignation to protect the right of a trashy tabloid to print salacious pictures of Britney Spears.

The author states that the contradiction leads to that a person, who has not managed to receive the certain values following the rules, start to deny the rules and aspires to receive the values at any cost. That is why people start to commit crimes. Strain theory focuses on situations in which other individuals "punish" the juvenile.

Criminal homicide may include manslaughter and murder (Baldwin, 2009). Terrorism is the threat to or actual use of violence against non-combatants or civilians; it is intentional and aims at achieving some preset political aspirations. Terrorism is intended to instill fear, cause terror or intimidate so as to exert pressure on state bodies responsible for decision making (Jeff, 2005).

In 2006, the police prevent terrorist bombings from happening in London. Suspects of the terrorist attacks are held up at the Glasgow airport, while others are arrested all over the United Kingdom. A resident of Australia, Haneef, is caught. He had given his SIM card to one of the men allegedly involved in the bomb blasts. 

The Act, therefore, requires that parents and children must be consulted during the decision-making process and notified of the outcome. There is a new requirement placed on local authorities to establish a procedure for considering representations (including complaints) about the discharge of their functions under this part of the Act. 

 It is quite essential to state that the problem that the law commission is discussing refers to the formalities that surround the creation of trusts, disposition of equitable interests, and transfer of certain types of trust property that sometimes cause uncertainty of law and/or inequity to happen.

In the paper “Miranda Revisted: Dickerson v. the United States” the author examines the issue of the Dickerson v United States case and discusses its implication for law enforcement. It starts with the quotation from the Fifth Amendment which says that the person cannot be a witness against himself.

In relation to terms implied in law the intentions are not taken into account as a primary source of evidence. (Koffman and Macdonald, 5th ed.). It is relevant to emphasise that the intentions searched by the courts are objective in nature, not subjective ones.

Proper warning of any unusual or unexpected risks or hazards in the workplace is to be given by the employer to the workers and must provide workers with adequate instructions and supervision.  Liability will be established if the employer’s system of work or workplace falls short of the standard required.

The author states that the defendant stopped at Rusty Fender’s Body Shop between 12.05 and 12.10 a.m. and stole a hammer from there. He then used the hammer to gain entry to Marquette’s Market on the corner of Main Street and First Street, by smashing the lock on the alley entrance of the store.

The conclusion from this paper states that the authority of the commission to approve and certify the agreements was discretionary, therefore the commission had the right to refuse to certify an agreement, provided that it was successful to observe and develop convincing arguments that the 'agreement was contrary to the public interest'.

Competitive strategies have also failed their most ostensible goal--cost control. In contrast, Canada offers a model of a national health insurance plan that provides universal and comprehensive coverage, succeeds at restraining health care inflation, and does little to abrogate the clinical autonomy of physicians in private practice.

The infringement proceedings consider whether the breach is intentional or involuntary, excusable or inexcusable and whether the Community’s position may have contributed to the infringement. A member state commits a breach of Treaty only when it “deliberately ignored or disregarded the Community law.” 

In Mr. Green’s case, since he had the suite for a short time and as a consequence of the fact that it was faulty and misdescribed (shower cabinet), he is entitled to a refund. Since Mr. Green has decided to try to reject the car,  he must stop using it and contact the seller/finance company to clarify his rejection and reasons thereof. 

If the business identified is a service rather than a product, the mark is called a service mark. 'From the economic point of view, a trademark is a symbol that allows a purchaser to identify goods or services that he is considering for purchase'. Most jurisdictions make it mandatory for trademarks to be non - descriptive of the goods concerned.     

The author states that Lebanon’s local notables, ranging from Druze princess to Maronite merchants to Sunni landowners, ventured in promoting the interests of their clients who were also their coreligionist at the expense of another group. The forces pulling Lebanon apart seemed to be stronger than those holding it together.

The author states that the media, in addition, perpetrate the idea that inmates in correctional and prisons facilities in the country suffer from abuse, overcrowding, extortion and other forms of violence. However, the truth about life in US prisons surpasses the fantasy perpetuated by the media. Because of public hesitation to spend more on taxes.

In the first six (6) months, the business did well and Beth was able to pay Morris a further $5,000. A competitor then opened nearby. This competitor was part of a well-known chain of photocopying shops and as such, had access to cheap overseas supplies of laminating and copying materials. Consequently, the competitor was able to undercut Beth's business.

USA Corporations Law This review is based on the assumption that the Barnes family will file their claim in a Delaware court of law. By claiming that Ewing has breached the fiduciary duty in approving the loan transaction, the Barnes family is claiming that the loan that the former granted to the company was in bad faith.