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Acquisition of loans from banks often requires a third-party guarantee as they would be liable in case one defaults in paying the loan. A guarantee is a contract that has to be signed by all sides, and the content of the pact must be well elaborated by the concerned parties. It is thus a collateral undertaking that is implemented for the failure of a primary debt (Clarkson et al. 2014).
Privacy rights had been held to intervene with the liberty of speech’s protection. Even to date, the UK never recognizes the cause of action for any illegitimate commercial utilization of an individual’s image or name unless the claimant can ascertain some privacy invasion, or is capable of revealing passing off false libel or advertising.
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The son is a DTPA consumer since the father had a contractual relationship with the son and by him deciding to buy a toy on behalf of his child. The son becomes the consumer under the law only through the extension of the father's rights to him. In most cases, someone becomes the consumer only when he purchases the item or possesses credibility.
In the Carey case, has defaulted in settling the debt for the TV set and the oven. The two companies that have been contracted to collect the debt, GBH and RGM are engaged in acts that violate the Act, and for which Carey could make some claims and if possible, ask for some damages to be awarded if she prevails.
In the perfection by possession, the ONB will take the management of the piece of land and ensure that Massive dynamics does not transfer the ownership of the land to any other hands. In the perfection of filling a financial statement, the requirements will be the names of the debtor and creditor and the addresses of the creditor and the debtor.
The suitable plaintiff under many deceptive trade practices statutes is a consumer normally defined as an individual who will use a service or good for household, personal, or family purposes. The process of determining if a plaintiff is a consumer needs the use of two kinds of analysis, an objective test and a subjective test.
When the collateral is goods, Article 9 gives the debtor two options, first to simply take back the collateral and second by bringing a court action. The taking back of the collateral must be done without a breach of peace. The code does not however elaborate on the constituents of a breach of peace action.
Perfection can be done without involving any parties as long as the process is legal and under temporal circumstances. Since this item is intangible, the ONB can perfect it through possession verifiable by a document. The other option for ONB is perfection through electronic means i.e. electronic document which is verifiable as stated in article 9.
Collateral means the property provided to guarantee the security as the interest or agricultural lien, this usually is personal property or fixtures which are owned by the debtor. The transaction of the collateralized property thus means selling the property which has been surrendered to guarantee the interest when the debtor defaults on payments.
The act has the aim of increasing the accountability as well as ethical standards in which business is carried out within the state. Casey who in this case is a consumer was willing to acquire a house by purchasing it and did not have knowledge of the history of the property that she was purchasing.
The case of Casey consumer is one case whereby she was sold a house in Texas without full disclosure of the house's history. The owner of the house, under the sale circumstances, deceived Casey into buying the house. Casey was not happy and felt like she was not furnished with full information regarding the house sold to her.
Due to the low season, her restaurant has not been able to generate enough income to pay for the items thereof. The creditors hired two debt collectors herein referred to as RGM and GBH respectively. In their bid to recover the payment, both RGM and GBH used oppressive language and acted ultra-vias to cause her psychological pain and suffering.
The pilot of the Curry Spraying suffered personal injury as a result of an undisclosed defect in the Lear Jet. The court held the defendant liable for the unreasonably dangerous defect in the plane. The court ruled in favor of Curry Spraying and her pilot and awarded consequential economic damages accordingly.
The term "debt collector" includes any person who uses interstate commerce in any business, the principal purpose of which, is the collection of debts, and any person who regularly collects or attempts to collect consumer debts. The definition covers only consumer debts and not commercial debts i.e. transactions which are primarily for personal.
The companies charged with the task of debt collection go against the law based on the fact that they carry out activities that are not allowed in the collection of debt. This has the implication that Casey can file claims against the debt collection companies on the basis of the unfair acts that they have had on her.
The issues to be addressed are; whether Popper is liable for breach of duty of disclosure, under section 191 of the Corporations Act 2001, in respect of the land purchased by the company from his daughter. In addition, it is to be ascertained whether Brown had breached any fiduciary duty under the Corporations Act 2001.
On 4 December 1986, the United Nations (UN) General Assembly proclaimed the UN Declaration on the Right to Development (Resolution 41/128), which stipulates that “The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in."
Organized crime is a phrase that is used by the international community to describe the mobility of criminals across international borders and the existence of illegal markets or the international black market which is organized to mobilize goods and services across the world to different countries.
According to Higgins (1997) motor vehicle crime involves the stealing of or from motor vehicles and involves the acquisition of a motor vehicle without the owner’s consent. In Australia, motor vehicle crimes are on the increase; motor vehicle crime leads when this vice is compared with other crimes in North Brisbane.
The objective is to ensure a secure and resilient UK by protecting its people, economy, territory, infrastructure, and way of life from terrorism that can affect the nation in direct ways. The most significant terrorist threat to the UK and to its overseas interests comes from Al Qaeda with its senior leadership based on the borders of Pakistan
The dilemma is compounded by transitional governments inheriting ineffective and weak judicial systems which make it difficult to prosecute criminal activities. Countries are faced with the need to overcome deep-rooted fears and inequalities that pose the danger to the new democratic dispensation and start new circles of impunity and violence.
Rehabilitation is a philosophy of punishment that believes in reforming a criminal into a law-abiding citizen. It aims to achieve this by means of a suitable correctional intervention. The ideas and practices related to this concept had been in place from as far back as the 18th century. It is difficult to describe rehabilitation as a concept.
There are some categories of jobs in which only men are employed due to gender stereotypes, cultural beliefs, and low levels of education among women. Women could not have a career and therefore the entire labor force comprised of men. After the industrial revolution and advocacy from feminist groups, women found a way into the workforce.
Illicit drugs such as cocaine and heroin have bad effects on the health of human beings and the money they fetch contributes to the thriving of terrorism, crime, and criminal gangs among other negative effects (Powell, Shone, & Killerby, 1997, p. 44). Researchers have not been able to find out all about drug trafficking.
Concepts keep springing over happenings that have taken place since the signing of The Rome Treaty in 957 up to the signing of The Lisbon Treaty in 2007. The debate centers around the roles that state governments ought to play in the union and whether there is a possibility of complete loss of sovereignty.
The CISG is referred to as the “Vienna Convention”. This convention is being practiced in all its states and any self-governing territory. The CISG was implemented on 1 April 1989 in Australia. Although, there are minimal references to this CISG in the cases which are decided in Australia. In these references, most of them aren’t related to the provisions that deal with international trade (Article 7(1)).
The ‘Anti-social Behaviour, Crime and Policing 2014 ACT describes “anti-social behaviour as conduct that has instigated, or is likely to generate distress, harassment, or alarm to any person. The behaviour is one that can likely cause annoyance or nuisance in relation to that individual’s occupation of residential places.
It is essential to state that this report seeks to review the Evidence of the Buncefield Oil Storage and Transfer Depot fire of 2005, which was caused mainly by neglect or laxity and an inefficient and complacent approach on the part of workers and management when it comes to matters of safety in the oil depot.
The world has experienced distinctly new types of security challenges in the 21st century, which include terrorist attacks and threats, natural disasters and health hazards. Governments and communities are thus dealing with different security issues than those of past centuries. These new security challenges have certain information components, for example, crucial private sector information structures or cyberattacks.
Whether Angela can use Stella’s recipe for the Black Forest cake if she leaves Coffee and Cakes Limited depends on two issues, the provisions of the employment contract between the two and whether or not the recipe has been patented. The recipe for preparing the Black Forest Cake has been traditionally used by the family of Stella.
It is basically agreed that incompetence in corporate governance in Australia has been the reason for the failure of some corporations in the country. In order to strengthen the corporate governance of public companies in Australia, the Australian Securities Exchange (ASX) has inaugurated some essential recommendations.
International business transaction stretches beyond the conceptualization of how businesses across borders adopt regulatory and compliance measures with regard to imports and exports. Parties are witnessing cases where economic integration is progressing at the macro level and the consequence of this is that there is the continued establishment of a regulatory and or legal environment where transactional exchanges will have to take place.
Physical elimination of cash from the economy is increasingly being undertaken in major parts of the world as the drive towards a cashless society intensifies. From a purely technological perspective, it is feasible to have a cashless society. However, it is unlikely to have a future where there is no form of cash transaction (Doyle 2001, p. 158).
There are successfully negotiated agreements with government agencies, including the Army Corps of Engineers, the New York City Department of Environmental Protection, and the Massachusetts Water Resources Authority; industrial clients such as Bristol Myers and Abbott Labs; and vendors such as Xerox and AT&T.
Generally, arresting, convicting, or killing the wrong person is one of the worst professional errors one can make. Richard Ofshe (1995) likened it to a physician who amputates the wrong arm. The total number of people who get arrested, convicted, or killed by police wrongfully must be in the millions.
Research on the use of body-worn cameras within law enforcement agencies is very limited since body-worn cameras are just a recent phenomenon. Based on these facts, the purpose of this research study is to assess the importance of body-worn cameras (BWCs) and their role in ensuring the safety of police officers, easing judicial proceedings, and ensuring professionalism.
The legality of euthanasia: arguments for and against the need to decriminalize voluntary euthanasia and assisted suicide in Australia and the way forward. The focus of the proposed research will be to evaluate the legal status of voluntary euthanasia and assisted suicide within the current legal framework in Australia and how this compares with current trends in other jurisdictions.
Emirates is an airline multinational company, headquartered in the United Arab Emirates. The company is a subsidiary of the emirates group, which is owned by the government of the United Arab Emirates, through the Dubai investment corporation. Emirates is a multinational company, in that it has already established itself in many countries across the globe, on all six continents.
Multinational companies are companies operating in many countries, but solemnly established and headquartered in one country. Multinational companies operate in more than two countries, but in many cases, they operate in more than two continents. Etisalat is a multinational company operating in the United Arab Emirates.
Dr. Shah arranged for Richard to attend the genitourinary medicine clinic for treatment and recommended that Richard tell his wife about the diagnosis in order that she could also access tests and treatment. Richard said that he was not willing to do that and admitted that he had had a string of one-night stands which he did not want his wife to find out about.
This paper examines the evidential issues occurring in the provided case study. The objective is to advise both the prosecution and the defendant on the evidential issues arising from the case. The IRAC approach has been used to achieve the stated goal. This approach calls for the examination of the facts of the issues, identification of relevant rules, application of the laws and conclusion.
The performance of courts and conflict resolution systems is the priority of many judicial officials in nearly all countries around the world. The reason for this is to realize a system that will ensure that all citizens have adequate representation in the court system. Moreover, the goal of many court leaders is to have efficient and effective judgment of cases and allocation of awards.
Sports Law in the UK serves to regulate sporting activities, organizations and players. It serves to provide a guideline on the best practices and discipline for teams and their players. This assignment discusses sports law in relation to contracts between teams and players, the regulation of drugs in sports and the influence of the transfer window in restricting freedom of movement under EU law and its legality.
The study will discuss the legal rights of a bride Winnie by referring to the case law and the Australian Consumer Law. This analysis will evaluate whether bride Winnie has legal rights to sue for damages at her wedding. It will look at the extent to which Winnie has the possibility to win in case she sues the wedding planner and the hotel.
The Australian Property Law provides a system of acts that regulate and prioritize the rights and responsibilities of individuals and their interests in relation to property acquisition. The word ‘property’ is commonly used to refer to things or objects that belong to one another. However, it is usually treated as a set of rights permissibly exercised over something both tangible and intangible assets.
The first part of the test requires the arresting officer to prove that both Deborah Cleveland and Kim Stickel are creditable and reliable informants. In this case, the officer would only have to show the two women were of sane mind and were walking down Maple Avenue at the time they observed the man running from the Porch of No. 3 Maple avenue.
The United Arab Emirates (UAE) is one of the countries that are located in the southeast end of the Arab Peninsula. UAE borders Oman and Saudi Arabia to the east and the south with Qatar on the western maritime border (King, 2008). The UAE also shares a border with Iran in the north. In the ancient period, a group of tribally organized sheikhdoms in the Arabian Peninsula formed the UAE.
The lifting of the corporate veil is a doctrine that is mostly applied for the purposes of making decisions on the exact instances for which a shareholder will be held liable for commitments made in relation to the operations of an entity (Saxena, n.d). It is one of the most debated doctrines that have continued to face intensive litigation within the overall field of corporate law.
Good Corporate governance is an indispensable element in the management of limited liability companies under both the United Kingdom and the UAE company laws. Companies are often managed by a board of directors selected by shareholders to act in their best interest and in the interest of the company too.
A company is covered by the veil of incorporation and this veil remains in place except in exceptional circumstances. For example, a director of a company that is wound up because it is insolvent can be made personally liable for such of its debts as the court sees fit if there has been wrongful trading or fraudulent trading.