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Essay Topic: 3j. Are the constructive trust rules affecting co-owned housing based on the common intention of the parties? Introduction While there are several principles and methods for the imposition of the constructive trust the common intentions of the parties is specifically applicable to co-owned housing disputes.1 The rules relative to constructive trusts in the context of co-owned housing focus on the unconscionable conduct of the legal owner of the property in question.2 Unconscionable conduct as a prevailing legal theme in the rules applicable to constructive trusts in the context of co-ownership is particularly important to intimate relationships.
Historically feminists have criticised marriage characterising it as patriarchal in nature and facilitating the “social oppression” of women.1 Even today although to a lesser extent, the institution of marriage continues to represent male dominance and female subjugation in a patriarchal society.2 Feminists have attacked the traditional patriarchal structure of marriage and have both advocated for and influenced more egalitarian marital constructs, where both parties equally share responsibilities within the home.3 With the ongoing and intensifying debates and movements toward same-sex marriages, observers and academics alike have linked same-sex marriage to gender equality and thus a me
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Customary law can be defined as a rule of conduct that is customarily recognized, adhered to, and applied by the inhabitants of a particular community in their relationship with one another within and outside the particular community and which has obtained the force of law, in that noncompliance with the rule or custom in question attacks adjudication and possible sanctions.
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It is evident from the study that the health risks primarily already create a cogent reason for the avoidance of marijuana, but the myriad social risks should be taken into consideration as well. While the benefits of marijuana cannot be discounted, these benefits pale in comparison to costs and drawbacks of prolonged marijuana use over time.
Its goal is also to establish the legal rules which are applicable to these rights and duties and the legal remedies available to ensure compliance. For this reason, it is therefore important to establish first which the subjects and persons who are to enjoy and lay claim to these rights and duties2.
This essay discusses that it is at the present commonly accepted that Article 82 is to defend customers rather than its present contestants in the market and this needs defend the competitive procedure from foreclosure. Arbitration in Article 82 nevertheless engages difficult problems connecting to definition of market, the determination of ascendancy, and the meaning of mistreatment.
The researcher states that it is not necessary that multiagency partnerships are always formed domestically. In some cases, multiagency partnerships are formed between international agencies for crime prevention. For example, many of the American crime prevention agencies have multiagency partnerships with similar agencies in overseas countries to fight against terrorism.
Mrs. Janet Dawkins was involved in an accident while she was traveling in international waters, in a P & O cruise ship owned and operated by the defendant. The appellant slipped and fell on the cruise ship while walking through the Conservatory restaurant located on the ship. On falling on the restaurant’s floor, the appellant, Dawkins, sustained soft tissue injuries in her knee and wrist.
The opening of the report consists of the definition of an ‘employee’, definition of ‘dismissal’, fair reasons for dismissal, automatically unfair dismissals and redundancy. The report will also give detailed information about reasonableness in dismissal based on redundancy and considerations in redundancy dismissal.
The employers choose to provide certain compensation payments to the terminated employees. In the case of collective redundancy, the employers must inform the trade unions whether they would be providing such compensation payments. If yes, they also need to inform about the amount to be provided so that the dismissed workers can be informed accordingly.
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This paper is about the stress management in the law enforcement organizations acknowledging the fact that the law enforcement officers are highly expected by the public as the strong personalities who do not undergo stress that would adversely affect their capability to protect the common citizens.
From the research it can be comprehended that the welfare of the citizens is what makes a government effective or otherwise. Regardless of the system of governance that a particular government adopts, it is the well-being of the people who live in a country that is the proof of the success and efficiency of the nation state.
The paper tells that the law of immigration and asylum dates back to the late 1950s when the international community resolved to ratify a common protocol through which to perceive and protect foreign citizens. The rationale of such understanding emanated from the Rome Treaty of 1957 which established the European Economic Community.
Essay Topic: “Equality law has failed if it has simply produced a collision between competing equality strands. There must be better ways of resolving conflicts between faith-based and sexuality-based equality rights.” Discuss in the light of recent British case-law and wider international academic debate.
Three broad categories of crimes covered by the criminal law included felonies, treason, and misdemeanors. The criminal code has been extended to cover new forms of crime like organized crime, terrorism, and money laundering which have been occasioned by the convergence of global economies and changes in both the global political and social structure.
From the discussion it is clear that Kernott v Jones has provided clarity to property ownership of unmarried couples. The case shaded light on how the case such as that involving Mr Kernott and Ms Jones should be handled in the future. It also brought a different approach of imputation and inferring into perspective to cases of such nature.
This essay discusses that the notion of business law started to evolve with the beginning of human society. Law has been viewed as the precondition for the existence of society. The notion of law has been in its primitive form has been the use of brute power. In this form one individual controls all other individuals with his power and strengths.
Additionally, Mr Corn did not receive the agreement that obligated him not to put up a business premise on the land during the purchase of the property. When Mr Corn was entering into a contract with Farmer field, Farmer field did not disclose that the land was for residential purposes only hence making Mr Corn not liable.
The researcher of this paper intends to discuss extensively the obstacles in claiming to bring private actions for enforcing EU competition law. Focus of the following research will also be upon some major development in three of the Member States namely Germany, United Kingdom and Italy.
The evidence must show that Flora had been in adverse possession of the registered estate for a period which, if it were to continue from the date of the applicant's statutory declaration or statement of truth to the date of the application, would be not less than ten (or twelve) years ending on the date of the application.
Ethics Form A Comparative Legal Political Analysis on Child Labour in India and Pakistan Opening remarks This ethics proposal form was meant to be submitted prior to the research for my dissertation. However, my lecturer did not inform me at that time that I needed to submit this form.
Center of discussion in this paper are contracts, bilateral agreements where two or more parties come to a consensus. The parties involved must additionally have the mental capacity to perform what is laid out in the contract and such a contract is enforceable under the law as long as the terms are not illegal, indeterminate, trifling or impossible to perform.
The discussion seeks to answer the question: Have international treaties such as UNCLOS and MARPOL, region conventions such as OSPAR, applicable EU Directives and UK national legislation led to “over-regulation” and possibly confusion (at both government/operator levels) in environmental protection, control and monitoring in the UK offshore oil and gas industry?
The paper tells that the idea behind the ticking bomb scenario is to brain storm on the methods of torture adopted inflicted upon suspects by the law enforcing agencies of the country to extract information irrespective of the matter whether such acts have valid justification and legality. Every one of us knows that torture in any form or shape is prohibited under local law / international law in most of the countries around the globe.
Many commercial activities are controlled and monitored by the laws for the benefit or protection of different stakeholders. Moreover, several laws have been enacted to cater to special interests such as human rights, consumer protection, and many other special interests. This essay is going to analyze two cases that involve several scenarios in the realm of aviation law.
It is evident from the study that assisted suicide is an issue of controversy on legal and ethical grounds. Some people think that it should not be legalized since the matter of life and death is in the hands of God; while, others think that it is a wise option when the patient has no chances to get better and is showing intolerable pain.
This essay discusses that deliberative democracy recognizes that there are certain fundamental truths which should govern all reasoned discourse, these fundamental truths being such aphorisms as respect for others. In this way, deliberative democracy may benefit both state liberal societies and the international stage, which retains many of the elements of a liberal society.
From the research it can be comprehended that developing offshore oil and gas resources can be a difficult process if the resource stretches across the boundary of neighbouring states. The nature of oil and gas extraction means that the entire resource could be exploited from either side of the boundary
The following paper operates mainly based on research questions which can be stated as follows: How do the courts quantify personal injury claims? Such quantification is not easy and most judges rely on similar previous cases to award. In the UK, solicitors in most cases refer personal injury as general damages for suffering and pain.
The researcher of this essay will look in detail five mentioned areas of the Criminal Justice system in which the firm has the ability to provide consultancy services. The researcher of the current essay will define them and give a detailed analysis on how they facilitated the development of my consultancy firm.
This paper will discuss in detail, the differences between a felony and a misdemeanor. The paper will highlight several definitions of the two terms and point out the differences between the two classes of criminal offenses. This essay will also review a scenario involving a criminal offense with the sole aim of determining whether the offense was a felony or a misdemeanor.
The researcher of this essay aims to pay special attention to remedies. When a person applies to court for a breach of confidentiality, there are some equitable remedies that could be given to him by the court. These remedies are often compensatory. They include: injunctions, share of profits and damages.
The research brief reveals that there are a number of possible claims under the ambit of occupiers’ liability together with damages under the egg shell skull rule and for nervous shock. Possible defenses of, remoteness of damages, contributory negligence and volenti no fit inujuria may also apply to the possible claims.
This paper presents brief history of the concept of ecological modernization, characteristics of ecological modernization, environmental policies and its progress overtime, Regulatory Capitalism, reflexive law, ecological modernisation and environmental policies, success and failure of ecological modernisation.
Mr. Hay without prior knowledge of the impending outcomes went ahead and acquired Bramble Farm from Mr. Major Thorn. He failed to ascertain the legality of the ownership of the land by Major Thorn from the land registry offices which could have helped him get a clear copy of any other owner of the land.
The research will attempt to address the primary question framed as follows: Does eighth amendment of the US constitution prohibit the death penalty altogether even on committing atrocious crimes or there exists any validity of the imposition of the same for killing, abusing, raping or doing any type of a heinous crime against the other individual(s) deliberately?
According to the research findings the CJEU was of the view that though the legal protection under Trade mark Act was limited to preventing imitation that misleads consumers on this point but in contemporary days, a trade mark is regarded as an expensive asset in its own right and needs efficient safeguard on larger area including investment, advertisement and essential function.
This paper attempts to trace the role that case law has played in the legal systems of Germany, France and the United States with respect to the development and evolution of human rights. This paper shall also look into some of the more important and landmark decisions made in the respective jurisdictions and evaluate the degree to which these decisions have impacted on human rights.
Paris approaches Peter and says that she’d like to buy the vacuum. Peter explains that the vacuum cleaner is not for sale as it is a display model on loan from the manufacturer. Paris gets very angry and tells Peter that she will sue Everyday Electrics if he refuses to sell the vacuum cleaner to her.
Davina gets informed that the A1 Camera (which sells for £100) goes for £50 in the shop. The shop also states that if anyone purchases goods worth £500 by 1st December, there will be a free television. Davina mails an order for the camera and the goods totaling £500 and indicates she wants the free television on 30th November.
It receives substantial funding from Sagoland’s Ministry of Environment geared to promote activities having as their objective and effect to reduce the demand for wares sourced from another Member State. The measures were attributable to the Sagoland primarily because APA initiated the Animal Protection Mark (APM) at the behest of the Sagoland.
This study looks into corruption as the ‘abuse of public office for private gain’. It refers to the malpractice of taking undue advantage of an existing system for catering to some personal requirement. Governments of different countries have introduced various public service programs for the benefit of the local population, especially the poor section of society
Appellant’s argument focused on his assertion that the Senior Judges misinterpreted the word “inability” and that the conduct of the administrative inquiry against him was marred by procedural impropriety. The appellant pleaded for the narrower interpretation of the word “inability” to which he asserts only pertains to “unfitness through illness”.
The paper tells that under Insolvency Act 1986, the UK Corporate Governance Code, EU Directives and the Precedence of the competed court of law, directives and the court precedence, the company is a legal establishment to run the business. The modern history of Industrial Revolution in the UK empowers public companies in employing and generating funds, to boost up the economy of the UK rather than other business organizations.
Classical trade theories involve inquiring into and identifying explanations for a trade patterns, trade policies and the “welfare consequences of various trade policy instruments”. David Ricardo, a 19th century economist developed the theory of comparative advantage which is a basic trade theory that informs and explains trade patterns indicative of liberalization.
Primarily speaking, International Law may be defined as the body of laws, precepts, and regulatory principles that govern relationships between states on the world stage. As states interact with each other in worldly affairs, a political, economic, or financial business situation may be created whereby there is a disagreement or difference of viewpoint or even rules of conduct.
The UK instituted an Act, however, which limits this – the Housing Grants, Reconstruction and Regeneration Act 1996. This Act appears to have been instituted to protect general contractors, as there has been an issue with non-payment for work done in the construction industry. This Act further limits contract freedom.
This research is the best example of comparison and contrast of strict liability and absolute liability, including a statement of relevant arguments for the proposition shall also be discussed. Arguments for strict liability policies also point out that the claims of injustice in its applications are grossly exaggerated.
This paper deems to critique the statement: Considerable deference is, however paid to the practices of the professions (particularly the medical profession) as established by expert evidence and the court should not attempt to put itself in the shoes of the surgeon or other professional person, as guided by underpinning theories.
The university's contention is that this condition, which resolves itself into the two requirements that the plaintiff should be adequately informed of the case he had to meet and given an adequate opportunity of meeting it, was complied within its first branch by the letter of May 16, 1952, and what plaintiff was told at the first interview.