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Anti-social behaviour is common among young people in Australia and is the genesis of many criminal activities that the country has faced. Anti-social behaviour is the breeding ground for criminal activities such as drug usage and even moral panics. The NSW has taken measures to combat the escalation of anti-social behaviour.
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It is essential to state that the substantial transformation in the development of the world has called for the adoption by countries of standard forms of business and commercial practice through unification. The various attempts directed toward the processes of unification have, at best been clumsy.
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Generally, there has been a growing acceptance of the GATT/WTO over the years in spite of its shortcomings. This is shown by the increase in the number of signatories to the GATT/WTO from 23 in 1947 when the GATT was signed to 99 by the time of the seventh Round and 177 countries during the Uruguay Round.
Lloyd J. Boney was born in Walgett in New South Wales, Australia. He and his sister grew up under the care of his aunt and uncle in Goodoga, a place dominated by white people in terms of power, businesses, and resources. It is out of the alienation that he and other members of the aboriginal community experienced in this area that he dropped out of school and found more consolation in alcohol and in living alone.
The answer to the law for breach of contract is "damages" or economic compensation. In equity, the answer for law can be defined performance of the agreement or an injunction. Both answers for law award the injured party the "benefit of the bargain" or prospect damages, which are larger than sheer dependence on damages, as in promissory estoppels.
The case is dealing with Unconscionability, under the Law of Contract, where one party takes advantage of an innocent party and the innocent party is not able to make an informed decision that would be in his own interests. The Amadios undertook the responsibility of guarantying their son's loan to the Bank by providing a mortgage over a property.
Freud's works were highly welcomed by clinicians and theorists who concentrated unconscious inner operations of the human mind. Wilson James is one of the major players in the development of the socio-biological interpretation of crime. He defines crime as an undertaking disproportionately executed by youthful men dwelling in big cities.
There is a need for a new consumer law in Australia. The consumer will unify the consumer law, replacing a wide range of the existing national and state consumer laws and hence will be long under one universal classification of consumer law. It will be an indication that all consumers and businesses will possess the same rights and equal responsibilities across the whole Australian country.
The establishment that serves a customer alcohol should be held liable when a customer goes to a restaurant or a hotel and gets intoxicated, it is expected for the server at that specific hotel or restaurant to be answerable for the damage or injury acquired after the customer has immediately left the premises so as to ensure the premises is convincingly safe for the people they serve that will be entering such premises.
The conflict between strict rules and justice as the courts in civil law systems, such as unequal bargaining power, the change of circumstances after the conclusion of the agreement, and the exercise of contractual rights that are contrary to up initial objective of the agreement gave rise to the doctrine of equity like the promissory of estoppel.
Generally, it is essential to state that the source of company law in Australia that govern the duties and responsibilities of directors emanate from three major areas, namely judge-made law (common law), statute law, which incorporates, the Corporation Act 2001, and lastly the company’s constitution.
Currently, there has been pressure for shareholder engagement to address this perception. This paper will be looking at the actions, duties, roles and responsibilities of directors and the GFC. In addition, it will be looking at the shareholder's role in the effective management of the corporate. Corporate governance refers to the framework within which companies are directed, controlled and held to account.
The term, sometimes also known as emigration, refers to the process by which a person enters another country when they have the intention to live in that particular country permanently. Immigration thus raises a number of legal consequences such as nationality (citizenship) i.e. that special and abstract relationship that exists between an individual and their nation.
According to the stipulations of Australian Law, an individual entering the territory of Australia must have a visa that allows them to do so. Violation of this provision amounts to a lack of protection by the Australian government. It also implies that the person in question could be sued for trespass.
For many years merchants and manufacturers use trademarks to denote the origin of products or services that are supplied to the market. A manufacturer uses a trademark to show the origin or ownership of products in order to differentiate them from similar products that may be available in the market (Dannay, 1987).
Defamation is the main cause of action offering protection against attacks on the reputation of the individual or company. It is also an area of law that can frequently give rise to pre-publication legal problems. For those with responsibility for publication, there can often be a difficult balancing exercise in deciding whether to publish and what to publish.
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Dumping refers to a situation of international price discrimination whereby a company exports a product at a lower price than it normally charges in the domestic industry. There may exist differences in opinions on whether an act constitutes dumping or not. On the other hand, anti-dumping refers to a measure aimed at rectifying the situation arising out of the dumping of goods and its trade distortive effect.
When considering the countries that are linked to terrorism, the basic feature is that terror is purposefully to protect their sovereign policies. The essay is aimed at determining the differences between terrorism and communism with more clarification on how the two entities affect the victims, communism for instance dwelling much on the causes after WWII and how it is related to the war on terrorism.
According to Adeney, Elizabeth, ‘Australia's first moral rights decision: A critical approach to Meskenas v ACP Publishing’, (2008) 19(2) Australian Intellectual Property Jornal 7, Realism still remains the fundamental and most controversial perception of the international politics; the meaning of realism has been explained by one of the most realists of modern times.
Community and police coming together to identify and solve the community’s security-related problems are community policing. It involves citizens as partners in the process of reducing and controlling problems of crime with the effort of improving the quality of life for the community (Trojanowicz 1988).
The conclusion as to Tyson’s liability or otherwise, he is not liable under the tort of negligence because not all the ingredients of the tort would have been in place. However, taking the other route to assume that Tyson was to be liable to me for the tort of negligence, then he may raise the defense of contributory negligence.
Peace has been elusive in many countries due to a lack of commitment by governments to prosecute individuals for the crimes they commit. In some instances, countries do not have the appropriate structures to prosecute the perpetrators of crime, or such structures are abused by the people in power, who use them for their own benefit.
The proponents of voluntary euthanasia hold the assumption that doctors who break the law would automatically abide by the law if voluntary euthanasia was legalized. If voluntary euthanasia was legalized today in our society, it means that there would be more doctors breaking the law and more patients would be killed out of their consent.
In conclusion, more than half of the Australians interviewed in the International Crime Victim Survey thought their houses would be broken into within the next year. 36% of the respondents said that it was not likely to happen while only 2.5% reported their houses to have been bungled in the previous period of one year.
Crime can be said to be made or stipulated by the law to be what it is. This varies in different societies and different countries. A crime happens when one breaks the laws set to govern a place. For any crime committed there is a punishment which in the most severe of crimes may even result in execution to death (Polinsky, 2001).
Most people became victims of fraud in domain names, and many were made to believe that they were buying a .com.au domain name when in actual sense they were buying a .net.au domain name. The fraudulent sales of domain names came with so many offers, and most of them offered to give away free prizes on registration.
Save for the United Nations General Assembly, the United Nations Security Council is the other of the organization’s organs whose powers and functions are very pronounced. The United Nations Charter establishes the Security Council which it bestows with the power of overseeing and maintaining international peace.
It is essential to state that at common law, ‘the calling of a witness known to be hostile for the sole purpose of getting before the jury a prior inconsistent statement which is inadmissible as evidence of the truth of the matters asserted is improper and may well give rise to a miscarriage of justice.
Perry Daniel Noble was a 20-year-old of Aboriginal descent. He lived in the Yarrabah community, an area that had grown out of the Anglican mission that was founded in 1982, in North Queensland which is near the Cairns. The community has a total of 1400 inhabitants who are said to have their origin from the 40 different Aboriginal language groups.
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Intersectionality is another approach that provides an understanding of how gender is related to crime. The approach recognizes the fact that systems of power such as gender, class, and race do not act alone to shape people's experiences but rather they are simultaneously experienced and multiplicatively linked.
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The nuances of international commercial transactions continue to reverberate. While the necessity of international commercial transactions cannot just be dispensed with, challenges continue to be witnessed, especially with respect to the uniform law to provide an international legal framework within which the international sale of goods may be conducted.
The judge declared the company had falsely represented that: it could test and identify substances to which an allergic person was allergic, it could treat or eliminate all the allergies a person was suffering from, and after treatment, the person can come into contact with problematic substances that made the individual to be allergic.
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Intellectual property is a wide idea that constitutes a number of lawfully recognized rights originating from some kind of intellectual innovation. Usually, Intellectual property covers two broad aspects including copyright and related rights and industrial property. In Iran, there are various legislations and Acts of parliament that protect copyright and related rights.
Regarding the earth-moving machines, the doctrine of frustration will not come to Adam’s rescue. He has to make alternate arrangements for completing the work within the stipulated date. Damage to one of his machines will not frustrate the contract, since it is foreseeable and could have been avoided.
With the inception of modern technology, times have cantankerously changed and do call for society to style up. Assault is no longer physical as this is bound to easily be detected, as cybercrime has become the main driving force of society. Criminals have chosen to venture into virtual life crime with many criminals enrolling because of the non-hostility of the environment involved.
In order to come up with the best legal solution for Batik Pty Ltd (BPL) Corporation, the whole concept of corporate law must be well understood. Therefore, a corporation is a legal entity that is generated under the state laws made to come up with a body, as a distinct legal entity that has its own opportunities and responsibilities different from those of its members.
Saudi Arabia is a party to the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. This convention promotes cooperation among parties to enable them to address more effectively various aspects of illicit traffic in narcotic drugs and psychotropic substances that have an international character.
F qualifies for compensation. This is because a motorcycle is categorized as a motor car since it uses oil to produce power to move. He was riding on a road and sustained a physical injury that resulted in a loss of sight after he lost control of the motorcycle as the road was slippery and ended up crashing into a stationary car.
A claimant’s right to make an amendment to the statement of claims in accordance with subsection 1, of the Civil Procedure Act, is not affected by any type of amendment made in accordance with section 7 subsection 22 of the Civil Procedure Act. It is worth noting that Section 7.22 of the civil procedure Act gives consent to the claimant to amend documents in the hearing to substitute the name of the business with the defendant’s personal name.
This is a case of Angus MacDonald and his wife Flora MacDonald who were convicted of the murder of Angus MacDonald’s daughter who was from a previous marriage. The allegations in the case were that the death of Angus’s daughter who is referred to as G.M was caused by serious omissions of duty which consisted of ill-treatment, violence, and failure to provide food, clothing and medical care.
A person is not liable for harm caused as a result of failing to take precautions against a risk of harm unless the risk was not insignificant. This is a departure from the common law test that a foreseeable risk can be a remoteness risk as long as is not too far-fetched or fanciful’ as per Mason J stated in Wyong Shire Council v Shirt.
There is a clear commercial context for the supply and purchase of skins between the two businesses, therefore an intention to be legally bound is presumed. There is nothing in the facts to indicate a rebuttal of this presumption, and an objective assessment would show their intention to enter a binding contract.
This work deals with the examination of whether universal jurisdiction and State sovereignty are compatible with each other. In this regard, both these terms were described, and several incidents evidencing their importance were taken up for discussion. Finally, the conclusion that universal jurisdiction is subservient to State sovereignty was arrived at.
The issue at hand is equity trust (Bell, 2003). When Ramon Harding made an agreement with his wife, Alysha Harding on 15th November 1985, they entered into a contract. The proof and evidence of this contract was the separation deed that recorded their mutual agreement to live apart from each other.
The colorfulness and beauty of the painting make two have a different perspective of the whole piece of art. Maybe it was because of the lack of adequate information on the real origin of the painting. They all believe that the beautiful painting was a high-quality reproduction of a Picasso original by an unknown and unidentified copyist.
the veil started as a sign of privilege, and the practicality of the garment was not a thing to worry about then. Although the burka is perceived by some conservative Muslims as an affront, its appeals have far extended beyond the Muslim community such as conservative Christians, cancer patients, and even burn victims have snapped it.
“There is nothing which so generally strikes the imagination and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man claims and exercise over the external things of the world, in total exclusion of the right of any other individual in the universe.” (Blackstone Commentaries on the Law of England) (CB 37).
From what were are told about Mr. Cramer, he is genuine when he tells the police that he did not know her age. He states that he would not have met her had he known that she was underage. It is also stated that he is liked by his colleagues. Being a teacher, there is a possibility that he deals with students of the same age as Ms. Bodic.
Cybersecurity is the most recent and most distinctive national security matter to capture the twenty-first century. Cyber warfare makes use of computer technologies as an offensive or defensive weapon to be utilized in international relations. A treaty is a form of consensus that is drawn between countries that are binding at the international law level.
There are appropriate customs and rules that handle the Schaffer v Augusti, (2002) 19 5th edition, (book) west publication trade between two or more nations or between private countries across borders that have their governments being part of the Sacks, v Malbon, J (eds) (1992) 211(Case) Princeton Publication world trade and members of World Trade Organization.