Law Essays

The purchaser must also be aware that a buyer who induces a sale through false representation acquires a voidable title from the seller. Robert notes that the voidable title acquired may be vacated at the option of the seller's discretion, after discovering that the buyer had been fraudulently induced himself.

In the United Kingdom, the legislative or judicial entity has the supreme and unrestricted power to make legislative and judicial decisions. The decisions made by the Parliament are held sovereign because no other body in the United Kingdom can override the legislative or judicial decisions enforced by the Parliament.

In the United States, in the suburbs of Kansas City, Missouri, a federal grand jury brought a conviction against an accused crime ring running a debt-bondage scheme to ensure human slavery. Under this scheme, the ring recruited individuals from Jamaica, the Dominican Republic, and the Philippines with a promise of legalization in the United States.

Employers must extensively be able to prove that as far as is conclusively practicable, they have supplied a suitable working environment for their employees. This assists employers to avoid legal cases against employees seeking compensation. Employers need to take measures to reduce stressful working conditions.

For a contract to exist between the employer and the workers, it must be legal, binding and signed by the two parties. Parties in a contract are bound by their obligations to each other which are referred to as the promise. There are various elements that govern a contract.

A loud splash was heard coming from the direction of his car and Williams was found at the scene. At the time Williams claimed to have just been passing through when the sound occurred and then, later on, he claimed that he had heard about the stakeout from friends and was at the place merely as an observer.

Evidently, the new company charge provisions are out of date and inadequate, and hence reforms are necessary so that these laws can at least much the reforms introduced in the US and Australia. Since 1998, the issue of reforms has been disputed especially following the inauguration of the company law review project.

The broad range of claims for misrepresentations in tort and contract law possess the capability to provoke a lot of people to have the opinion that damages are too far easily recoverable, and the form of damages overlie and contradict one another. The steady shift has been confirmed to be an advancement in both tort and contract law.

Letters of credit are essential tools for conducting cross-border trade as they help ease the challenges brought about by geographical distance, varying laws in different countries, and risks associated with fraud on parties to the transactions. The principles of strict compliance and independence give assurance to authenticity.

Capital gains tax seems to be an unfair tax overall. However, there has to be a way to manipulate this tax in a better manner. It cannot be foregone altogether because the astute taxpayers would find ways to convert their incomes to capital gains or at least represent their incomes in this way. This would allow them to avoid tax completely. 

Parliament sovereignty means that a legislative entity is supreme to all other government bodies. This includes the judicial establishment and/or any executive entity. Usually, the court cannot override its legislation and no Parliament can pass decrees that future Legislatives cannot modify.

Current financial data indicate that Delectables is losing its US market share to its major competitor Prince’s Fare. In this situation, even a mild flaw would severely affect Delectables’ business interests in the US market. The company has a recent history of food safety problems despite the fact that none of them were confirmed.

As of 2013, 32 states have retained their capital punishment programs, while eighteen already removed them, according to the Death Penalty Information Center (DPIC). In June 1972, Furman v. Georgia reduced the support for the death penalty when the Supreme Court held capital punishment to be unconstitutional and voided 40 death penalty statutes.

When investigations are conducted into crimes and fingerprints are recovered, it is very helpful to have access to the database systems which retain fingerprints and DNA from previous offenders and may also tie one crime in with another because the same fingerprint shows up in both.

The British constitution (comprising of a set of guiding principles and laws) is derived from a large number of sources that include: Royal prerogative powers Conventions Statute EU Treaties Common law Authoritative statements made in print, as in law books. Royal prerogative laws existed prior to the current form of the UK parliament.

The process of verifying the suitability of the candidate bidders to participate and the selection is required to be in the very transparent manner possible. The contracting authorities are also obligated to specify the adopted non-discriminatory procedures that would be adopted within the procedure.

Organizations of HHS carry out social and health research, work to avert disease epidemic, offer health insurance, and give surety of drug and food safety. HHS manages the Drug and Food management, Centers for Disease Control and Institutes of Health (United States, 1980).

both sides of the English Trust Laws and especially the Law of Property. It has indicated that the English Trust Laws are very dependent on formalities. The law required very formal ways of settlement and transfer of trust or property in order to avoid confusion. This has been for instance exemplified by the Law of Property act of 1925 section 53.

In a landmark case in the Administrative Judicial Court of Egypt, an Egyptian Muslim had converted his faith to Christianity and sought to have the new status recognized on his identification card. Egypt ratified the ICCPR with some reservations and the court held that Islamic Shariah is Supreme (Smith, 2013). 

Considering the fact that each case presents a different scenario and deontological ethics may not seem to be effective in all cases, judges are allowed to make independent decisions in particular cases, which include unrecognized law and overrule case judgments. It is in this context that the parliament makes laws in order to govern the citizens of a country suitably, which are recognized as statute laws.

There is a case in the UK making a lot of press waves lately. It is about a psychiatrist, Dr. Steve Lomax, having sex with his patient while undergoing therapy.  This went on for thirteen years and now that the patient and the doctor have parted ways, the patient is suing the doctor for malpractice.

In their opinion, only the creator has the authority to put an end to his creations. Moreover, it is impossible to give the life back to a person after his execution, even if the he found to be innocent later. At the same time, supporters of the eath penalty are of the view death penalty is necessary in order to save the lives of innocent people.

The crux of the issue lies in the possibility that Chuck was put in a situation by police officers that forced him to admit participation in a crime, contrary to the guarantees by the Fifth Amendment.  As a result of his statement that he was the lookout man for a drug operation, he was arrested subsequently and charged with conspiracy to distribute heroin.

The chief foundations of primary or basic law are the Treaties establishing the European Union, while the secondary foundations comprise the directives and regulations which are founded on the Treaties. However, the legislature of the EU is predominantly composed of the Council of the European Union and the EU Parliament.

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 Democratization of Brazil occurred during the period between 1985 and 1988. Political power was transferred from “the authoritarian power holders” to the common man in 1985 with the military releasing control of the political institutions in the country. The transition that took place was largely influenced by the traditional political elite class.

Investigations show that there ground conditions of the soil were not good and the project was not destined to succeed due to the soil conditions. The architects in question who did the preliminary design had the obligation to check the ground conditions and foundation requirements. PCL bears partial responsibility for the design flaw.

It is, hereby conveyed to you that such an act is a pure offense to the integrity of police. Display of such actions by some police officers tarnishes the image of the whole police in the eyes of the citizens and they tend to loose confidence in police.

Each of the forensic experts has their unique way of expressing what they have observed in a criminal case scenario. In most cases, the validity of information coming from forensic experts is highly dependent on their ability to retain every single detail in their memory.

In Hunt v Beasley Drake, a probable buyer consented to pay commission to an agent provided that the agent should give an assurance that the advertised facts of the property were true and accurate. It was held by the court that has promised to check the seller’s property information, the agent was accountable for failing to do so.

This could be seen from the case NLRB V. J. WEINGARTEN, INC., 420 U. S. 251 (1975) where the employee was denied access to representation from the union during his interview. Section 8(a) (1) of the National Labor Relations Act, which was to guard against unfair denial of a worker to access union intervention whenever such a worker feels that he or she is being treated unfairly at the work place was put to test.

He was prosecuted for possessing with the intent of distributing over 100 grams of Heroin. Mr. Stewart was indicted for violating rule 21 U.S.C. § 841(b) (1) (B). On January 7, 2009, Stewart filed a case to challenge the physical evidence of the alleged illegal material he claimed was his. Unfortunately, the trial court on February 14, 2009, denied accepting the suggestion. 

The transition of societies from traditional to modern has also seen a change in punishments. Scholars of types of societies such as Emile Durkheim argue that to deal with the complexities of modern societies, there must be changes to the modes, reasons, and application of punishments. Modern problems demand changes in punishments.

Publix Supermarkets Inc., best known for its grocery stores, is a supermarket chain in the USA located in Lakeland, Florida. The company was ranked number 8 in Forbes 2010 rankings of America’s biggest private companies. It is the largest company in Florida. Publix has 1, 041 retail locations spread in Alabama, Florida, Georgia, South Tennessee and South Carolina.

The secret guidance system gives the missiles great accuracy over a long-range. This gives the company an edge over its competitors in the market. If this information would be shared with a competitor then the company would lose the competitive advantage. As a result of a failed marriage, Clarissa’s work was negatively affected.

For example, in the case of Hitchcock v Post Office, the applicant ran a sub-post office as a part of the shop he owned. Although the Post Office exercised control over many of its activities, it was held that this was because of the need to ensure financial control and security rather than being controlled over managerial functions.

Section one defines the scope of the Act stating that its provisions are applicable to all the rides that are operated as part of an amusement or fairground park. The section goes further to define a ride in the context of the Act terming it as any equipment meant to ferry passengers for exhilaration or entertainment purposes.  

In 1975, the United States Court resolved a case between Manning Fabrics Inc. 441 F. Supp., and Lea Tai Textile Co. Ltd. 1404 [S.D.N.Y. 1975]. According to Manning Fabrics Company’s form, the settlement of the dispute was supposed to be held in New York by the American Arbitration Association or by a Textile Industry arbitrator.

“Charter party, in its turn, is a contract concluded between the ship-owner and the charterer with the purpose to employ an entire vessel or some principal part of her for a voyage or series of voyages or for a period of time (see Caffin v Aldridge [1895] 2 QB 366; [1895] 2 QB 648 for discussion on the hiring of the entire capacity of the ship)”.

If one considers it relevant, then they should make reference to the Human Rights Act 1998 and the implications of the jurisprudence on the European Court of Human Rights in this area. The government of the United Kingdom faces legal problems in dealing with issues of terrorism.

Generally, this scenario relates to trust law that regulates the relationship of one party’s property benefitting another; the property can either be transferred from one party to benefit the third party or the legal owner may create a trust of property without necessarily transferring to a third party.

Two different types of corporate governance could be streamlined to different types of companies. For instance, the corporate theory works well and perfectly for State-owned companies and companies with the public interest. This is because apart from the fact that State-owned companies are generally regarded as corporate entities.

This will include five key regulatory parts: Employee Privacy, Employee Unions, Occupational Safety and Health Administration (OSHA), Employee Retirement Income Security (ERISA) and Fair Labor Standards Act (FLSA). You need to become aware that some laws do not tell how to deal with staff with the exceptions of unions.

A contract is an agreement between two or more parties intended to create a legally binding relationship and which can be enforced in a court of law. The parties are protected under the law of contract and are subject to all the conditions as written in the contractual document. A breach of contract arises when one of the parties to the contract fails to perform his part and therefore a breach of contract occurs.

Today the internet has come to a point where every individual considers it as an important part of his/her life. It helps individuals to keep up with their friends, their country and the world. It also permits people to entertain and often waste time in a number of games and multimedia content that make them laugh and mourn, pretending to be a magician in a mythological fantasy world.

For at least 400 years the law of the sea was based on international customary law and in particular on the concept of mare liberum as advocated by Dutch jurist Hugo Grotius. Grotius distinguished between the “inner sea” which was essentially landlocked and the “outer sea” which could not be “seized or enclosed”.

I am requested to give advice to Richard, who wishes to know – whether he is entitled to any equitable remedies from John and whether John has any equitable remedies to get from him. Richard would also like to get counsel about the terms of the contract.

The ethical case was a prime example of conflicting ethics that could pose serious consequences as it pertains to liabilities and negligence claims under existing tort and Federal laws. Whether taking the deontological view or the utilitarianism view of ethics as a judgment framework, it is clear that more should be done at the hospital.

This is because capital reduction “ is a capital re-organisation that has the effect of allowing the return to shareholders of capital would otherwise not be distributable.” In light of the situation, it could be said that though capital reduction could have impacted positively on pre-existing shares by raising the value of the share, it would have also brought about increased competition especially for existing shareholders.

The company misleads and encourages Ajay and his family by presenting attractive features of the hotel which was not actually present in the real experience. In this regard, the company would be considered liable for fraudulent conduct and a criminal offence and will be punishable under the Unfair Trading Regulation 2008.