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In general, the toxic chemical waste discarded within the sea is produced from a broad series of trade and industry activities, together with chemical also pharmaceutical business, manufacture of mash with paper, moreover smelter workings. The Pollution tribulations connected with it also differ significantly.
As per the law, the criminals have to be punished, and the nature of the punishment shall be substantial enough to influence the mental and physical capacity of the accused. The death penalty is a verdict is based upon the concept of retribution, therefore as the judiciary has diverged towards the concept of incapacitation and deterrence.
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This paper presents a comprehensive study of the Computer crimes, types of computer crimes such as unauthorized access, how to alter websites, malicious program codes including Viruses, Trojan horses, Logical Bomb, Sniffers, Software piracy, Antipiracy, Hacking, aggravation and nuisance, and Cybercrimes.
Since time immemorial, economics has always influenced politics. In ancient Athens, when the wheat farmers became poor because their mismanaged agricultural operations failed, the noble and wealthy wine and olive oil producers were the ones making money which made them the richest group in the society.
The proper approach is to determine the correct classification by reference to the facts and circumstances of each case. In essence, the Botham case is merely a summary of these emerging and developing principles that currently shape the law of fixtures. The intended purpose of the annexation is more relevant than previously and in some cases is the dominant issue.
It is really essential to notice that Angie, we are told is an exceptionally gifted student who was able to obtain a first degree at age 19 and to complete high school by the age of 16. At age 19 she is purportedly the youngest law student to have ever become fully matriculated at Halard Law School.
Section 56 of the Act pertains to antecedent negotiations, wherein a creditor will be made liable for representations that are made by a dealer or seller of goods and services. Section 75 of the Act imputes concurrent liability on a creditor when a supplier is guilty of misrepresentation or a breach of contract.
Whilst the UK courts are likely to take a position “somewhere in between,” in order to preserve Parliamentary intention, the current position clearly highlights the fundamental role of the HRA in the evolution of national law towards EC supremacy, which has now become a reality as opposed to mere rhetoric.
Lacey does not pay for the demonstration models at this stage. Customers of Lacey who select Micro-Maker microwaves are given an approximate delivery date. Lacey then puts in an order to Micro-Maker together with a 10 percent deposit on the value of the goods ordered and Micro-Maker sends microwaves to the relevant store via an independent carrier.
A marriage is a unification of two people who both have consented to the institution of marriage. The unification requires a legal, social, spiritual or religious certification. Marriage is also referred to as matrimony and it is marked by a celebration commonly known as a wedding. A person can be said to have the status of wedlock if that person has married.
The protection of children who are in danger of abuse and neglect are compromised. It is therefore hardly surprising that authorities are reluctant to intrude into the family home unless cases are of such severity that the protection of human rights and proof beyond a balance of probabilities can be sustained.
The paper shows that an open discussion on these issues will clear the fog on what scriptures say and what law dictates. If there is a disagreement between Islamic law and scriptures, it needs to be stashed. If there is a transition from the Islamic scriptures and law as the society has evolved, it must be recognized.
As a final point, it is important to mention that Freddie’s putting salt in Bertie’s tea will not constitute the tort of the battery as the tort of battery requires the direct application of force to a plaintiff’s person. Nevertheless, Freddie may be liable for the tort of battery for grabbing Bertie by the elbow in the hotel queue.
This concept stands in juxtaposition with an equally stagnant theory of Community supremacy within the context of the European Union. As a result, the UK’s constitution is idiosyncratic in the wider European context. The discussion that follows examines these two vastly similar concepts of supremacy and demonstrates how it is idiosyncratic with respect to the UK’s constitution.
Even if the offeree has made up his mind to final acceptance, the agreement is not yet complete. There must be an external manifestation of his assent. This can be some word spoken or act done by the offeree or by his authorized agent, which a court of law can regard as the communication of the acceptance to the offeror.
Taking a stand against anti-social behavior” (www. Archive2.official-documents.co.uk), Home Secretary David Plunkett emphasized that there was a need for a tough approach to anti-social behavior so that when people break the rules, there are consequences which are “swift, proportionate” and which will “change the pattern of their behavior. (Cm 5778 at Foreword).
The question of losing privacy, anonymity, to some extent, dignity and civil rights is the matter for sociologists, intellectuals and mainly for the government and lawmakers to decide. It is definitely necessary to build a safe society for the people to live and perhaps losing some of their civil rights might not worry the needy much.
There are so-called employment appearance codes that many employers promulgate and enforce which aim to regulate the appearance of an employee such as the hair length and style, mustaches and beards, clothing and eyeglasses, and maximum weight tolerances (Sarno, 2007). Aside from being a basis for hiring, it may also be a basis for retaining or even firing an employee (Sarno, 2007).
Judges are required to interpret and apply the law in order to prevent the executive from exceeding its own powers. England has various levels of the judiciary with different styles of judges. There is a strict hierarchy of judges. Currently, there are 1,825 judges in England. The judiciary is headed by the Lord Chief Justice.
Company law includes the body of legal rules relating to the creation, management, financing and operation of companies. These rules have developed to protect investors, maintain confidence in the market and attempt to ensure that fairness is achieved for the various stakeholders connected to a company.
The courts have held that involuntary intoxication can only be used to disprove men's rea and cannot be used as a general defence for criminal action. In order for involuntary intoxication to rely upon the accused must have been so intoxicated that it would have been impossible for him to have the men's rea for the offence.
Likewise with Dave it is necessary to discuss whether the courts would allow a defence of intoxication in respect of his actions against Emma. Consideration needs also to be given to the fact that Emma had agreed with the others in the group that reasonable force can be used in the capturing of the group. This included the use of ropes and sticks.
It can be concluded that although the doctor has a duty to maintain the confidentiality between themselves and their patients there are occasions when the courts can order a breach of that confidentiality. Doctors can also have a statutory duty in some instances to disclose the medical condition of their patients.
Your letter stated that you have a fervent desire to engage in the sale of cannabis in your area under the Cannabis Licensed Premises Act of 2000 but that you were disappointed to hear that your application was denied. From the tenor of your letter, we presume that you were not apprised of the reason for the denial of such an application.
In general terms, co-ownership assumes that the relationship is a joint tenancy unless there have been words of severance or when it is one of the three special cases where the owner is covered by equity. Under equity one of the special cases that are listed is where the co-owners are business partners.
The relationship between Homer and Maria comes within the definition of cohabitants and associated persons under the Family Act 1996. .” The law defined “associated persons” as, inter alia, those who are “ presently cohabiting or cohabited in the past; living or have lived in the same household except if one is a tenant, lodger or boarder.
Billy is advised that based on the Hoare and Pierce/Beckles interpretative issue basing his appeal on his silence because of Legal advice will depend to a large extent on his mental state at the time of the questioning and also the extent of his genuineness in heading to the advice of his solicitor.
When a person without forming the appropriate men's rea sets in motion a chain of events that will cause harm to another unless uninterrupted, that person is under a duty to prevent or minimize the harm on becoming aware of the dangerous situation that has been created. A vagrant who was squatting in a house woke up in the night to discover that his cigarette had set the mattress on fire.
Whether or not each of the transactions involving the Rosehall villa and the shares in Marks and Spencer represent a valid declaration of trust will fall to be determined by the formal requirements for the creation of trusts. The formal requirements for the creation of a valid trust are certainty of an object, subject, and intention.
The US Department of State communicated the provisional measures of the International Court of Justice to the Governor of Arizona without comment, where the Arizona clemency board recommended a stay to the Governor, who ignored the recommendation and allowed Walter LaGrand to be executed on March 3, 1999.
The test for whether or not there is a legal duty of care was established in the case of Donoghue v Stevenson. Lord Atkin asserted that a manufacturer owed a legal duty of care to the ultimate consumer of his product. In discussing the duty of care as a legal concept, Lord Atkin established the “neighbor” principle.
Today, many European states have gone beyond their traditional parens patriae role and have stepped in between parent and child to regulate that natural bond. Whether this is good or will eventually spell disaster remains to be seen in the future. In the United Kingdom, Parliament has come out with a law that protects a child from his parents by limiting the corporal punishment that a parent can impose upon his child.
But, unfortunately for Selina, Article 39 is applicable only for paid workers and does not cover self-employed personnel. Further, the equal treatment clause contains three sub-clauses related to a) access to employment, b) working conditions and c) social and tax advantages.
Youth involvement in gang activities has become an issue of concern in most societies (Howell, 2007), and this concern has led into many scholars and researchers to study the reasons as the why there are increasing
Unfair dismissal establishes the main component of current employment law, contributing more realistic solutions than provided by the common law for majority of employees1. An early victory in this field was its consequences in setting a
Remedies for misrepresentation depend on the type of misrepresentation made. In a typical case of misrepresentation, the innocent party will be at liberty to rescind the contract and/or seek damages. In the case of discussion, it is obvious that the statement made by Jennifer to Hassan in respect to the garage’s profit was false.
In the first instance, I’ll describe the organization, the British Retail consortium and explain the role of the organization and my role as the representative of the organization. I’ll also claim on my own expertise and the organization’s expertise and would provide a response to the draft policy guidelines as part of the consultation.
The major issue that arises in the case of both Derek and Sonia is the question of equal pay for equal work, which is mandated by Article 141 of the EC Treaty. However, before this aspect can be assessed, it must be determined whether they first qualify as “workers”. A general definition of worker has been set out in Lowrie Blum.
With regard to the proceeds of the sale of microwave (in the event that Micro-Maker has not yet been paid by Lacey), Micro-Maker will have rights to the proceeds under a registrable charge only if registered. Even if this charge is registered, the claim in respect of the proceeds will not be as a priority creditor.
Rather than providing the USA and other countries with the elimination of undesirable drugs as was anticipated, the war on drugs has instead served to heighten violence, contribute to the development of organized crime, fill the prison system past capacity, consume large amounts of capital and has still had very little effect on the availability.
The Judicature Act 1873, had the effect of abolishing the old court system replacing them with a single system which had a dual purpose. That purpose was the administration of both principles of equity and common law. ‘The Act created the Supreme Court of Judicature, which consisted of the High Court of Justice, the Crown Court.
The developed world always has a positive outlook towards protecting intellectual property for a long time back. On one hand, where the safeguard of IP rights brings benefits like enhancing innovative culture, profitability, and financial up-gradation for mostly the developed countries it also accompanies drawbacks for the less developed countries.
Generally speaking, an offer must contain a definitive promise providing the other party with an unambiguous option to accept or decline the offer. Consideration is also an essential element of contract creation and enforceability. Once offer and acceptance are found to exist, the courts will then look to determine whether or not there is a consideration.
In those areas where the community shares power with the member States, the principle of subsidiarity operates to require that Community law should operate only when the desired goal can be achieved with better efficiency by the Community.
The “EEC Treaty.....was conceived as an international agreement, and only later came to be viewed as a constitutional document.” However, as pointed out by D. Anderson, the judicial activism of the European Court of Justice has “appoints the European Court as meeting place between the legal order of the Community and those of its member states.”
The author accentuates: My research looked at the relationships of the parties concerned to analyze what relationships existed at the time of making the contract and what relationships continued to exist after the assignment of the lease and the assignment of the reversion. I explained the privity of contract and estate.
Nobody can complain of the jostling which is inevitable from his presence in, for example, a supermarket, an underground station or a busy street; nor can a person who attends a party complain if his hand is seized in friendship, or even if his back is (within reason) slapped.’ Likewise, the law relating to consent should be revised to reflect Lord Goff’s position as well.