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From the foregoing, Mrs. Smith is entitled to compensation for injuries sustained as she is protected by the Montreal Convention. Among the principles that the Air Law Committee of the ILA has suggested is that compensation for personal injuries shall be based on the principles of absolute, secured, and unlimited liability.
Many countries protect the rights of the landowner. This is because of the knowledge that the individual rights of each and every person should be upheld. Title deeds show any land in question is really registered to the owner holding the title. This is the case with the Torrens System of Title Registration.
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In Australia, trademarks are protected by section 120(3) of the Trade Marks Act 1995 (Cth) (the "Act"). Section 120 of the Act provides that: a person will infringe on a trademark if he uses a sign that is identical with already registered mark, or goods that are closely related to registered services." or services that are closely related to registered goods.
In conclusion, in the provisions of part II of GATT 1994, all the ministers’ requests are admissible before the general WTO ministerial and the GATT assembly. This allows him to table any terms that the member states want to have considered based on the member states' recommendations and resolutions.
It should be considered that the relationship between nations is very critical for the ultimate harmony of the concerned parties and the world as a whole. Over time, there have been various processes and procedures that have been applied in resolving diplomatic issues and disputes that have constantly been on the rise from time immemorial.
The premises of the diplomatic mission its archives and documents as well as the private residence papers and correspondence, and subject to minor exceptions, the personal property of the diplomatic agent, are all inviolable. The family of a diplomatic agent is entitled to the same privileges and immunities extended to the diplomatic agent.
This is seen as a contrast between the two systems that are both permitted by the property laws. This essay, therefore, discusses why the property permits the co-existence of two conflicting systems in the process of owning and registering land. The paper seeks to find out the reasons for these differences.
As a legal officer in a law firm, it is important to represent the facts of a legal case and come up with suitable recommendations in undertaking the case before it is taken to a law court. In this scenario, we take a look at Dale who has filed an affidavit against one of his partners seeking compensation. As lawyers, we have to look into the affidavit before necessary actions are taken.
Paragraph six of the evidence further indicates the existence of a fundamental breach of an essential clause in the contract. This case will be treated in light of the ruling in Shevil v The Builders Licensing Board (1982) 149 CLR 620. Paragraph nine of the evidence shows a situation where the essentials of a contract were not fully adhered to.
Policymakers would need to adopt a systematic approach that would lead to the classification of fast foods into objective categories. For example, fast foods or drinks that have empty calories can receive the highest excise tax, while those that have higher nutritional content should receive relatively lower taxes.
In 2001, the Corporations Act was amended by the FSRA to include the revised regulatory arrangements for the financial services sector. The FSRA combined into one piece of legislation regulations for consumer protection and market integrity in the financial service sector. FSRA brought in a new regime that is contained in Chapter 7 of the Corporations Act.
The onset of international trade, that is trade between two countries prompted nations to formulate international laws governing their transactions. International Law refers to a system of legally binding agreements between nation-states and incorporates principles as well as rules that tend to govern the transactions of countries with each other.
Members’ schemes of arrangement under Part 5.1 of the Corporations Act are a device for attaining an obligatory arrangement with shareholders on structural change within a company or a corporate group. They may be utilized to realize alterations in capital arrangement, the rights of members, or else the affiliation linking corporate bodies.
If Felix becomes a registered proprietor of Land in circumstances under which he is bound by both Carlos’ unregistered interest and Eagle’s unregistered interest a conflict of priority arises between these two unregistered interests. The relevant priority rule to be considered in this case is the equitable v equitable principal.
The main drive behind the formulation of the Torrens system and its adoption in New South Wales State was to combat the issue of ambiguity, complexity, and price which were a feature of the previous title system. The system operates under three key principles of mirror, curtain, and insurance (Rouff, 1957).
Aircrafts have been developedin Australia since 1858 when William Dean undertook the initial manned flight in Melbourne (Lee, 2008). The Australian aviation industry has been developed by the country’s intellectuals who focused their best interest in developingcrafts and this influenced and inspired greatly the work of others in United States and Europe.
Some of the programs adopted help people to save for retirement purposes, pay for school, and buy houses. Others help companies to invest in modern activities such as building nuclear power plants, developing nuclear power plants, or even subsidizing corporations, which drill oil or purchase real estate among other notable purposes.
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With such an instrument that will harmonize international commercial laws, most countries all over the world will be able to engage in business freely. Many business opportunities exist but due to the complexity of the existing commercial contract laws, most businesspersons are afraid to engage in such transactions.
Restitution is a very strong indicator that in many arenas of corporate governance, all the victims that have suffered in one way or another are understood. The understanding that they receive from the law indicates that the law has set aside clauses that deal with elements of protecting them from harm as stated by Hargovan & Harris.
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In this case, the philosophical and epistemology underpinnings will form the basis of the research question. In order to carry out a precise and clear research, it is important for the researchers to understand clearly the philosophical underpinnings which inform their selection of research question, aims, methods and methodology
Equity is a set of legal principles that retains the idea of justice and fairness and seeks to supplement the application of law in an unfair way. It developed from the English common law and traces its origin to the Chancery courts. This system of law gives leeway to juries to apply justice in line with the doctrines of natural law.
Generally, the case between Dale Godwin and Eric Sully involves a commercial contract of sales. Dale is the Director and Owner of ACT Aviaries Pty Ltd and he signed a contract with Eric, the director of Parklife Pty Ltd to supply different items necessary for the installation of a butterfly enclosure.
Generally speaking, there might be a higher deterrence effect on the offenders as opposed to a situation when such a proposal is absent or lacking. The Crime Act 1992 is one of the legislative provisions introduced to help deter offenders with accumulated convictions from committing further crimes.
Even though MFN applies to all services, several special temporary exemptions are allowed. When GATS came into force, several countries already had preferential agreements in services that they had signed with trading partners, either bilaterally or in small groups. WTO members also agreed to maintain these preferences.
The rule of law ensures that all persons are subject to the law and that there is fairness, equitability before the law, freedom from bias, and the right to be heard among others. The common law system is unique as it’s found in most former British countries. It’s adversarial as it depends on evidence and arguments presented by parties in the court
The building notices are issued by the regulators upon a contravention of the regulations of the building and or the lack of adherence to the building permit. It has to be done in the presence of and in acceptance with the acceptance of the Private Building Surveyor or a registered regulator/surveyor.
From the analysis of the case, it is clear that the firm has been engaging in explorations regardless of the loss of funds. This indicates that the directors did not convene semi-annual and quarterly meetings with the shareholders and experts to make informed decisions concerning the operations of the company.
Formation of this company does not involve any family matters and therefore an issue out of question. A derivative action needs to be taken because as active directors of the company, Jason and Peter have acted unfairly acted towards Mary and contrary to the running of the activities including defrauding the company of money through conspiracy.
Generally speaking, to investigate whether the claim that Excise is a tax for the rich and hence the government should not worry about how the high rates are set, one would need to scrutinize several issues raised in the assertion. First, it is worth establishing whether Excise is indeed a tax for the rich.
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In ASIC V Healey &Ors, Justice Middleton of the Federal Court of Australia held that the error in the financial statements should have been noticed by the company’s directors. He also noted that none of the directors had been ignorant of the liabilities and guarantees of the company (ASIC v Healey & Ors, 2011).
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All the development of roads, and administrative economic, and social issues have been left to Australia. Eurasia has shown a lack of interest regarding the provisions of the treaty on Koala Island. The insistence on Koala Island being inherently part of Eurasia also defeats the intents of commonality of aspirations as set out in the treaty.
There are various number of sources of legal obligations for employers to their employees. Employers’ obligations to their employees have several sources which include central government, federal laws that govern the territories, agreements together with awards, decisions that come from tribunals, and employment contracts.
Back in 1929, the Air carriage though in its infancy technologically, was subjected by Warsaw Convention, to conform to international laws (Goldhirsch, 1988). The standard form contracts have come to be used in courts for they have provided contract rules and legislation of carriage with a detailed framework.
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Cultural criminology is the study of the interrelations between crime and culture in the modern social lifestyle. The study majorly highlights the concern of imagery representation and the meaning of images as a means of studying criminology and its control. The studies reveal that imagery as a tool of cultural criminology has led to the development of both media and audience situations of crime, policing, linkages of crimes, and controls.
What makes a business stand out from the many that are in the market is its name. The name of a business is very essential to the business, as it identifies the business, and sets it out from the others. This business will be named Royal Phone Ltd. The business will both manufacture and sell mobile phones in Australia.
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The concept of the rule of law has a long history and it contains some element of change in the understanding and interpretation of the concept. Basically, rule of law refers to a doctrine or ideology on government conduct. Therefore, the relationship between legal institutions and the doctrine of the rule of law becomes paramount.
Trust is the essence of human existence. It is the basic human component that is every relationship or interaction. From human survival to organizational survival, trust is the supreme most bonds that join the interactions. It is the basis upon which confidence is built. Trust is the duty of any leader and is an essential quality for guiding others
The traditional juvenile court systems have been essential in the past years, in recent years this has however changed and key stakeholders are looking for appropriate legislation modification in the justice process in order to ensure that chances of victimization are reduced as well as the rates of crime occurrence.
Communication has always been an integral part of our daily lives. Through it, people from various cultural inclinations have been able to tolerate each other by ensuring peaceful coexistence within the immediate society. Sometimes, this communication fails to work, resulting in conflicting ideas that greatly affect the existing relationships with our immediate associates.
Intention plays an important role in contract law. A contract is legally binding only when both parties to the contract have the intention to form a legally binding contract. As such, the intention is an essential element of a valid contract. Intention can be expressed or may be implied by the conduct of the parties.
The cases put forward by various authorities in this field have shown the rule is archaic in the medical and legal professions. The argument of when life begins to determine whether the fetus should be considered as life or not has been dealt with in this paper by showing that life begins at conception.
Very few judicial systems, if any, could be said to be absolutely agile. This implies that most of the judicial systems in the world today and since time immemorial, have had weaknesses (Kane, 81). As a result, governments and lawmakers have been faced with the challenge of drafting and amending their respective laws in the quest for a better judicial system with the needed agility.
Subsection 160(1) stipulates that acquisition or disposal for that matter will not be deemed whatsoever-till the title is transferred to the purchaser. In that regard, disposal to which CGT provisions can apply does not come up because the change in ownership will not have occurred. This paper details relevant advice to Fields who had purchased pieces of land and is now considering disposing of them.
Arguably, much which is connected to the original content and normally fuels electronic commerce is subject to such protection. Most copyrights usually cover both artistic and literary works. These two types of works are known to cover diverse creativity namely; writing which can either be fiction or nonfiction, computer programs, musical works, photographs, and works of fine art.
The business name will be Mobile World Communication Ltd. The name is suitable because this is a company that will be dealing with the sale of Mobile phones. The company will have all types of phones the customers need and hence the name “Mobile World”. Mobile World Communication Limited takes the form of a sole proprietorship; this is the simplest and most basic of all business structures.
The term international business transactions refer to the ability of different countries to engage in trade relations regardless of their geographical locations. This is arguably a result of progress in information technology that paves the way for globalization. In light of this, investors are able to engage in business activities across diverse countries.
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There are four main components of the law used in protecting intellectual property and they are patent law, copyright law, trademark law, and trade secret law. The purpose of the essay is to critically discuss and examine how effective copyrights are in the protection of intellectual property. With an ever-growing global economy, there is a rising need to establish stronger terms of international copyright laws.
Generally speaking, the plaintiff engaged the defendant to enter into a sub-contractual agreement that involved doing carpentry work in 27 flats of a particular block in question. The initial total contractual cost was £20.000. This amount was insufficient to cover all the expenses and profits projected.
The suitability of the name was considered since the company will be dealing with the sale of mobile phones. The business is designed as a partnership. A partnership enterprise involves two or more members who form a strategic liaison. A partnership that is successful is grounded on mutual understanding, trusting one another, equality and who have a common goal which is making a profit.
The name Hear-Say suggests that communication is two-way and therefore everybody is encouraged to purchase a phone to “Hear” from their callers and then “Say” something in response. Hear-Say Mobile Phone Dealers take the form of sole traders’ type of business structure. A sole trader is the simplest of all types of business-structure.