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The principle of proximity was used to restrict liability against hospital authorities in Palmer v Tees HA and Hartlepool and East Durham NHS Trust. In Palmer, the plaintiff’s child was killed by a psychiatric patient and the Court of Appeal held that the health authorities did not owe a duty of care in relation to the child or her mother.
The EU passes a regulation (fictitious) requiring the replacement of the current copper wire network with fibre optic cable through out the UK. The deadline for the replacement of copper wire is December 2013. GB Open Search is entrusted with installing the fibre optic cable through out the UK under the supervision of the Ministry of Science and Technology.
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This case study depicts a compound legal problem whereby a will has been violated through fraud. Acacia Garden is the property under dispute. The house has changed ownership from Albert to his grandchildren Brian, Chloe, and Derek through a will. The new owners do not seem to agree on how they should share the property, more so after Albert’s death.
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Work Related Legal/Ethical. This paper discusses ethical issues of doing business. Whenever engaged in any kind of business, there is the need to adopt all ethical issues which ensure that the business will be able to realize its goals. Ethical responsibility improves operations of businesses hence making partnering much convenient for businesses reading from the same script.
The British employment law, having been lightly regulated in the past has become heavily regulated of late. While it has been criticized by employers, who are concerned about its cost increment, it has been welcomed by unions and employees, who feel that it is more socially just and aimed at increasing productivity, and hence profits.
The compensation issue of the Bhopal tragedy reminds us of the dangers associated with the blind welcoming of foreign direct investments. Neither the government nor the court succeeded in providing justice to the victims of the Bhopal tragedy. International laws should be strengthened further to put more liabilities over the shoulder of companies.
Duty of care constitutes the first of the three chief elements of negligence. This is determined by proximity, foreseeability, and policy. In general, the duty of care results from positive acts, which damage property or cause physical injury. There is a difference between finding liability and finding a duty of care.
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The law of Negligence includes misdiagnosis or the failure to adhere to standard medical practices. Medical professionals may not be held accountable for a pre-existing complaint; however, the worry of a pre-existing complaint may be considered negligence.
Terrorism is a violent act is defined as a politically premeditated violence done against noncombatant targeting subnational groups of clandestine agents. Anti-terror experts refer terrorist groups as an organization with subgroups that threatens public safety and national security in a country.
In China, the deposits and assets owned by the biggest five state-owned commercial banks account for approximately half of the Chinese banking system. Although most of the shares of these banks are owned by the state of China, the private segments are also the shareholders of these banks via their listings on the stock market of Hong Kong.
Forced marriages are defined as situations where a party is forced to enter into a marital relationship without their consent. Forced marriages were very prevalent in traditional Asian societies and they are still acceptable practices in the Indian sub-continent. Immigration of people from these communities to the UK has seen the problem surface.
This paper looks at all the laws and examines which of the general laws can be applied to these conflicts in light of the fact that there are far more of these now than the larger wars, such as seen in World War II. There is first, an attempt to define an actual state of NIAC, and then there are the laws reviewed which can apply to NIACs under various circumstances.
The thesis statement of this paper would be holding is that the law of contract and tort law are similar in nature and it is, therefore, difficult to distinguish between the two legal concepts. The researcher will also make an earnest attempt to evaluate the statement in terms of ADR’s ability as a viable alternative to the court system.
The law of persons has developed over many years. As a result, various elements have been introduced while others have undergone appropriate amendments to meet the intended purpose. The same chronology has seen the development and improvements in the practice of tort law across different countries as reiterated by Comfort Tom.
Organized crimes are those groups or gangs that are said to be run by criminals and are highly centralized. These criminals run such organizations so that they can carry out illegal activities and gain monetary profit from them. These organizations sometimes force the others to work with them for their benefit in the name of “protection” which would actually be extortion.
Many experts argue that when courts intervene to restore social, economic, and cultural rights, they are actually doing the same to ensure that the rights of minority groups are protected against the majority groups. Most governments have a mandate to fulfill the wishes of the majority. They might infringe the rights of the minority.
Another achievement was the Voting Rights Act of 1965. This law permitted African Americans to cast their ballot for the very first time. It outlawed the Jim Crow laws that banned the voting rights of blacks and mandated racial segregation in all public places in the Southern states from 1876 to 1965.
Indeed violence is a social malady that needs to be eradicated. It is a mark of barbarism and modern society should strive to remove it from its practice and consciousness to become truly civilized. Violence takes many forms from assault to life and property, to simple bullying that uses brute force to assert its will over another. s.
The fundamental functions of the national courts within the European Union is to oversee the functioning of the European legal order. They are seen as the community courts which are reliable to the parties that are facing difficulties in these nations. For these parties to come to a better conclusion that will be just to them as individuals.
In this case, the term in question – that the car can never go over fifty miles per hour – is not only an unusual term for a moving company but an onerous one. Most people will drive over 50 MPH, and most highways have higher speed limits than that. To ask somebody to drive under the speed limit is not reasonable.
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In developed countries the potentials for establishing successful Environmental Policies are usually high, taking into consideration the funds required for supporting these initiatives. However, failures when developing or implementing these policies cannot be eliminated. This fact has been verified in the case of GLA’s Environmental Policy.
We have gone through the written dispositions of the will drafted by the lawyer in consultation with Junaid, the owner of J Construction Limited, and touched upon the relevant laws and regulations in detail. We come to know if trustees fail in discharging their prime duties; the law will take its course taking into account the nature of the breach.
Native-born Americans can primarily benefit from the legalization programs to be provided for illegal immigrants through an improved economy. Another group that could benefit from the legalization program in the labor market. It eliminates the hazard that they might get punished for possibly hiring an illegal immigrant.
Besides,unfair dismissal occurs if the employer has not followed a fair procedure and has acted unreasonably in the dismissal of the employee.Under certain circumstances, employer must comply with the ACAS Code of Practice on Disciplinary and Grievance Procedure failing which the Employment Tribunal will find for the employee.
This research will be completed within 30 days. The first 10 days will be used for conducting interviews and collecting primary data. The next ten days will be used for collecting secondary data from various sources. The last ten days will be used for data analysis, making conclusions and writing the paper.
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The facts surrounding the Standard Oil Case of 1911 are often misunderstood. Standard Oil never in any way acted to the detriment of its consumers; contrary to this, the company’s tremendous efficiency can be argued to have been mainly responsible for bringing about its gaining of a large oil market share as well as its fast growth.
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Part one will briefly discuss the nature of the damages. Part two will discuss fraud damage types and calculability in three sections: compensatory damages and restitution, mitigation of damages, and punitive damages. Part three will examine and analyze the damages for fraud, and their related drawbacks under tort, contract breach, and 10b-5.
The author explains that the department comprises of the state leader, his assistant president and cabinets. The cabinet of the US comprise of about fifteen levels. These levels of division depend on the role played by each of the department. The US president has authority over this sector and he is in charge of selecting the assistant president.
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Merriam-Webster describes “frivolous” as something that bears no sound foundation (in fact or law), or a legal claim resulting in damages that significantly exceed expectations grounded in the facts of the case. For any lawsuit to be regarded as frivolous under the law, the legal basis for such a suit is regarded as absent.
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Consumer protection has laws that are used to govern the consumers and also the traders. The consumer’s welfare is protected, and their rights are to be considered. Through consumer protection fraud and illegal activities are able to be avoided because some of the laws protect the needs of those who have no knowledge about their rights taking an example in a business where some firms use the advantage of their size over others.
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This paper will look into the conflict that exists in regard to affirmative action and legacy; focusing on the supreme courts decision that it will render in the Fisher v University of Texas case next year.
For advising O’Brien regarding his obligation towards Julia, Parsons, and Winston, the following issues have to be discussed. An offer indicates a willingness to form a contract on the basis of certain terms, and with the intention that it should be legally binding upon being accepted (Barry, 1992, p. 14).
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Stops, frisk, and Terry stops are brief detention by the law enforcement officers if there is sufficient and probable cause to believe that the person has committed a felony. In the case of Terry v. Ohio, 392 U.S 1, the US Supreme Court held that the law enforcement authorities could briefly detain a person who they reasonably suspected of involvement in the crime.
The house was in the name of the husband alone, and the wife had not contributed to the purchase price. She claimed a beneficial interest in the house on separation. It was held that she had no such interest because neither there was an express agreement nor an implied intention that could create equitable interest for the wife in the house.
As per the Latin term, when the reason for the law ends, the law itself lapses, which is called maxim. By the universally accepted criterion, the principle of law is universally admitted as being just and in consonance with reason. What we distinguish between truth and the false, right from the wrong to attain a particular end is reasoning.
“Finders Keepers” is a maxim that has been applied to mean that an individual can take possession of an item he/she happens to find abandoned (Collier, 2006 p14). Thus according to this maxim, any person who comes across an item that has no owner or that has been abandoned by its owner, becomes the new owner of the item by taking its full possession.
In earlier days, in the absence of clear provisions in the Companies Act, directors’ duties were evolved through case laws and now, the UK Companies Act 2006 contains explicit provisions regarding the duties of directors through sections 170 to 177 and chiefly mirrors the equity and common law principles.
Today, the United States of America is encountering the horrible problem of police corruption and is looking for some dexterous ways to battle it out. A couple of institutions that are believed to root out corruption from police departments include the Internal Affairs department, community support, or a strong leadership program.
Thus, the safeguarding the individual rights emanating from the Community law has received very little significance as yet. Hence, the Court of Justice is belligerent to break these inherent ambiguities of the Treaty all these years.
Many people believe that prisoners are not getting enough freedom and liberties in the jails or correctional system in America. In fact, there are plenty of humanists and sociologists who argue for better treatments for prisoners. However, this case study point toward the necessity of strengthening security measures in jails.
The TRIPS agreement was modulated by the above mentioned private actors who gained access through multiple channels such as “domestic industry counterparts, domestic and foreign industry associations, domestic governments, foreign governments, and international organizations” in order to strike their bargains.
What the prison culture requires is a soft corner of the heart from the government. Prison must be intended at turning criminals into useful citizens of society instead of eliminating them. Prisons must be provided with opportunities for the criminals to rebuild themselves. Criminals must be taught the lessons of humanity.
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Society should judge conduct, not human worth. If we punish a criminal, it is because of what he had done to his victim, not because he was that bad and society must punish him. Criminal law states that society must judge conduct and not souls. If we punish or put to death criminals, we place ourselves instead of God.
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This is certainly a very interesting debate that can go on for centuries together without arriving at a conclusion. “Clearly much has changed in my thinking about the criminal justice system since I passed that bright orange poster stapled to a telephone pole ten years ago.” (Alexander Michelle, Page 12)
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In Michael Radelet and Traci Lacock’s 2008 study, they used a different sample of expert criminologists and replicated the same study conducted in 1996 to find if the opinions of the United States’ top criminologists have changed. One of the questions asked was if the death penalty deterred the commission of murder or if it lowered the murder rate.
The law relating to voluntary manslaughter has been modified to some extent by the enactment of the Coroners and Justice Act 2009. Section 56 of this Act abolished the common law provocation defense and annulled section 3 of the Homicide Act 1957. The defense of loss of control is restricted to murder and is unavailable for other offenses.
According to physiology today website, Marriage is simply making public a relationship of two individuals who love one another and are willing to relate for life, and to make their union official. Off-late though, the trend of permanency in the marriage has been diluted because of an increasing trend of divorce among couples because of different challenges they face when they relate in the institution of marriage .
There is definitely a necessity for some form of deference; British cases present a defective version of this notion. There have been several occasions, wherein the courts have depicted an inappropriate degree of deference. The purpose of Sections 3 and 4 of the Human Rights Act 1998 was defeated by an application of deference by the courts.
The author states that while the old test states that employers are generally no liable for their employees’ intentional acts, this has been evolving. Consider the case of Lister v. Hesley Hall Ltd. This apparently was one of the first times that employers are said to be liable for intentional acts of their employees.
The case law that will be further explained below would hint that James would not be entitled to much equity in the home, at all, because this was the result of a leading case, Jones v. Kernott would assume that, because James has not been paying child support, that it would be fair and just to reduce any amount of equity that he has in the house, just looking at bare financials.