Law Essays

The principle of a company‘s separate legal personality is a fundamental principle of company law. This principle creates an independent entity that can be distinguished from its shareholders and directors. When a company is legally incorporated, it exists as an artificial person with its rights and obligations. 

Criminal behavior is acquired through interaction. If one interacts with criminals at all times it is more likely for this person can imitate their behavior and finally have full possession of the behavior. Therefore, if a person keeps in company with criminals research shows that this person is likely to become a criminal by influence. 

Since the Columbine School shooting incident, incidents of gun-related violence have risen, with one of the worst incidents unfolding in 2012 at the Sandy Hook Elementary School in Newtown Connecticut where 20-year-old Adam Lanza opened fire on pre-school and school-age children, killing 20 children and six adults. 

The use of UCC article 4A to govern wholesale wire transfer was a form of applying negotiable instruments as laid out in this article. However, today the payment system is highly fractionalized and is characterized by instances where customers can pay their bills electronically (Rodgers 4). 

The Consumer Rights Bill (2014-2015) has been introduced to the UK parliament and it seeks to establish a framework through which key consumer rights can be consolidated, especially regarding contracts over services and goods, as well as laws relating to unfair consumer contract terms (Stokes, 2013: p41).

The methodology is that if the claimant wins the case, then, the solicitor’s fee will be met by the respondent. On the other hand, if the claimant loses the case, then, the claimant need not pay any fees to the solicitor. However, a claimant may be asked to have an insurance policy to meet the respondent’s side costs if the claimant loses the case.

International law contains the principles and rules of general applications that deal with organizations that are operating within the United States and also outside the country. These laws deal with international relations among each other along with any private individuals, minorities group, and many transitional companies.

For the whole of their lives, they will have to live with the psychological consequences of such crimes. When an individual looks at the lives of vulnerable children and the value attached to their lives, it is impossible to disagree with the fact that anyone that poses a threat to this stability should be locked away and protected the innocent.

In cases where the misrepresentation was included among the contractual terms, as an option, the shareholders can press for the subsistence of the contract and seek lost expectations. In this situation, Topsell shareholders can equally bring claims for compensation as if the overstating of the profits had been correct.  

The protection of intellectual property right in China is a very serious issue that affects business operations in the country. The laws of the country regarding intellectual property protection do not place strict measures that ensure an effective means of dealing with the infringement of the right of intellectual property.

The Commission has to endorse any change to administrative laws. Hence, the elected bodies of the EU can neither make laws nor can they overrule the regulators of the EU. This is a defect in the EU that differentiates it from the majority of modern democracies. As a result, the EU suffers from a certain amount of democratic deficit.

Since the time of colonization, the operation of law has primary source for application of Chinese custom and law in Hong Kong. In the year 1844, the Ordinance number 15 has provided the statutory authority for implementation of custom and laws of China. In the year 1971, the Ordinance 58 was eventually replaced by Ordinance number 2. 

About the above context, it is notified that the regulations presented within Benjamin’s sale of goods emphasized discussing c.i.f laws that were less prevalent within the approaches of the officials during the Vienna convention based on the topic of the sale of goods and services in international and domestic markets.

Since the departure of Western-oriented oil firms, the three regime-owned firms have recognized stable and increasing levels of oil production and led the exploration movement. The inspirations of Eastern MNCs are mainly a blend of the craving to achieve global oil reserves and gain acquaintance with oil discovery and production. 

A person who by any deception dishonestly obtains services from another shall be guilty of an offense. It is an obtaining of services where the other is induced to confer a benefit by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for. 

The Drink Manufacturers and other manufacturers of soda pop and juices sued Sweet Co. in federal court for violating section 1 of the Sherman Act. Since the manufacturers accounted for 75% of Sweet Co.’s sales, this suit was highly significant to the firm. The manufacturers however had to prove that the violations were ‘violations “per se”’.  

The employer Electrolux went to court over this issue and claimed that by the standard conditions of employment, any invention made by its employees was their property. As a result, it claimed ownership of the device developed by Hudson and his wife. The court set aside this preposterous claim of the employer. 

In china, IP infringement is handled at a local level. The Administrations for Industry and Commerce (AICs) handle trademark and unfair competition cases; copyright cases are handled by the Copyright Administration Bureaus (CABs) handle while Intellectual Property Offices formerly Patent Administration Bureaus, or PABs) handle patent cases. 

Safety in the workplace is a big lesson learned from the two cases. However, due to the issues such as corruption in the Wuwang nightclub and the urge to earn more profits without considering safety such as blocking the emergency exits as in the cocoanut club, fires will always be a problem to handle with each case having a different source.

A sensational police action had been carried out in North East England in 2010 where Northumbria armed police forces went to arrest a serial killer Raoul Moat. The person was absconding from the police after shooting three persons. The victims include his ex-associate Samantha Stobbart, her recent associate Chris Brown and a police officer David Rathband.

In terms of procedure, the tribunal will decide which procedure to use to resolve the matter. This is done through a written submission by both parties. The two parties will have to agree between the distinctive common law and civil law jurisdictions which will be used as the background for the admissibility of evidence.

The determination of the actual liability passed to individuals that are party to an event generating a breach of duty of care expected from them is a difficult task that requires a number of considerations. The remoteness of damages and liability in the law of torts is a sensitive consideration that varies from one case to the other, which calls for the resolution of various factors from a perspective of a reasonable man.

For EU law to be effective, member states must comply with its laws. Compliance is enforced when member states are subject to the same EU laws, and non-compliance to this fails to justify the cause and development of this international body. Thus it is imperative that the EU monitors how members implement and apply its laws. 

In the UK, several laws have been enacted to legislate over this matter. The most significant step was made in the year 2003 when the government enacted Employment Equality Act (Religion and Belief) to help in defending the rights of employees who might be discriminated against in their workplace because of their diverse religious or philosophical beliefs.

In 2008, the United Kingdom suffered a financial blow. Since then, weak recovery and demands for deficit have pushed property taxes further up the political agenda. However, the question of how best to tax property in the United Kingdom remains unanswered. A recent study shows that private households in the United Kingdom own an estimated £ 10.4 trillion in the property.

The Muslim laws just like other religions' laws recognize the purity and righteousness of marriage as the basic pillar of a great family. Marriage forms the foundation of the family and enactment of the right rules to govern marriage is the best step by any society regardless of their beliefs. The article discusses Muslim law based on the values of family and marriage.

International mergers and acquisitions are the most common corporate strategy adopted by Multinational Corporations (MNCs) to expand their business operations abroad. This movement in the form of foreign direct investment goes both ways from developed to developing countries and from developing to developed countries too which shape new horizons of world economies.

Social media and particularly Facebook has become so necessary that it’s somewhat a shock when one comes across a person who doesn’t really own a Facebook account and still claims to be a social being, and in fact, ownership of Facebook accounts has become so ubiquitous that even children are presented as likely to be spotted signing up for an account, and play ‘Angry Birds’, one of Facebook games, like no tomorrow.

Whether or not the government has sovereignty rights over the resource of the state and contracts that give the right to foreign oil companies to take control over the natural resources of the host governments. This paper focuses on the legal aspect of oil and gas management, developing an understanding of the substantive rules of international laws applicable to the oil and gas industry in the 21st century.

Human rights violations typically occur within the territory of a state and as such would not invoke international human rights law if not for international and regional treaties. Therefore, international human rights law is comprised of international and regional treaties.  Treaties are formal agreements between states and are binding on states once they formally subscribe to the treaty.

The Mental Capacity Act of 2005 cannot be an exception to this tradition. The deprivation of Liberty Safeguards is therefore an important coding of the entire law and serves the purpose of extension or extrapolation of the legal precedent for a wider breadth of users among people who are in the legal mainstream.

The Equality Act came into existence on the 1st of October 2010 in the United Kingdom. This Act of Parliament sought to conjoin 116 pieces of different legislation into a single Act. In its entirety, the new Equality Act offers a legal framework for the advancement of equality for all people and the protection of individuals’ rights. The Act works to protect the people from unfair treatment, and advocates for a fair and just society.

The Special Tribunal for Lebanon (STL) was established by the United Nations Security Council Resolution 1757 of 2007. The legitimacy of the STL was immediately questioned by a divided Lebanese government, with one faction welcoming the Resolution and the other articulating concerns over its impact on the country’s sovereignty.

This paper seeks to critically evaluate the establishment and functioning of the Special Tribunal for Lebanon (STL) formed with a mandate of prosecuting those who caused the bomb attack of 14 February 2005 leading to the death of Lebanese Prime Minister Rafiq Hariri and 22 others. The STL has been established as a tribunal of an international character.

It is essential to state that charges of criminal damage should be brought against Mr. Wiersowski for his suspected criminal misconduct and disturbance to the Smiths. He is suspected of causing damage to property as an individual. Mr. Wiersowski’s damage to his neighbor’s door also amounts to vandalism.

Organ transplantation is not a new concept in the UK. As early as in 1955, the Yorkshire Regional Tissue bank was established in the UK. The Oswestry and the North Wales Tissue Bank were established in 1991, and skin banks were established both in London and Sheffield. NHSBT TISSUE SERVICE is the single largest tissue bank in the UK, which deals with retrieval, consent, processing, storage and dispatches of donated tissue.

America is the world’s biggest democracy and as such the rule of law is ensured through the supremacy of the constitution. The constitution rules through enacted laws, statutes and other regulations. These rules guide the way affairs are run daily and also ensure a peaceful American society. Federal laws are supreme in the united state as is the constitution but also state laws are important in function. 

The other provisions of the contract are not inconsistent with a contract of service. For instance, a requirement that the workers have to make arrangements for their tools and helpers would constitute a term that would be inconsistent with a contract of service. In addition to these features, the courts examine other factors.

There are however several factors and conditions that come together to ensure that individual states can attain a level of growth and development that is required to make them globally competitive (quote). One of these means is through the efficient and profitable use of natural resources available to the state (quote). 

In Smits v Brown, the plaintiff had once again engaged in the same proceedings against the defendant. Initially, he had done so in July 2008, which had been dismissed by the court in August 2008. Therefore, it was contended by the counsel for the defendant that Smits’ claim for the same debt against Brown was inadmissible.

Both forms of disclosures are mainly addressed to the interests of a reasonable person. Here, the reasonable person can be identified as having direct or indirect interests or stakes in the activities of the company. And this person can be a shareholder (for periodic disclosure) or a member of the regulatory body (for continuous disclosure).

People who want the good of this planet must look to study such actions committed by their fellow beings. Man must be stopped from repeatedly executing such criminal activities against the environment. This could only be done by more closely examining the daily life activities man do for their living (Fulcher, 2011). 

If Jackie had failed to keep her word and failed to give Kenzi the amount of money that he had asked for, Kenzi could apply the doctrine of promissory estoppel. The third element making up the promissory estoppel is that the promisee, up to a significant degree, suffered a detriment because of the non-satisfaction with the promise.   

"The case of Broeks v. The Netherlands” is the best illustration of article 26 of ICCPR offering safeguards from discrimination that is not associated with either political or civil rights. If a State law is discriminatory, article 26 of ICCPR can be applied with or even if the issue of the law falls not under the provisions of ICCPR.

The doctrine in Salomon’s case has been held to be a two-edged sword where it has been established that at a general level, it was a good decision. This is because it established that corporations are separate entities. The case gave the company all the requisite attributes that made them become the powerhouse of capitalism.

In the case between ARBOS and Carol, the product had a defect at the time of purchase according to the confirmation of the expert. Therefore, Carol can force the retailer to repair or replace the laptop because the good was not of good quality and hence not fit for the purpose as required by the Sale of Goods Act.

The perception of the company being regarded as an independent entity paved the way for the liberation of the entire law. The perception of the company of being independent interest over the considered owners has been regarded as being ambiguous concerning the impact they have in the corporate world. 

The very fact regarding how the term “state” is defined has been broadened by the ECJ, as well as the fact that the indirect effect notion can enable directives by giving them legal effect in the member states sans the requirement to use direct effect, has undermined the imposition of directives by the courts.

Statistics gives information on aspects concerning a population under research. This information is essential as it helps determine the role of the population in a country and this case Ethiopia. It shows the characteristics of the labor force, whether active or not or productive or unproductive. 

Negligence is a lack of exercise of care in a circumstance where a reasonable person would have applied sensible care. The court will have to establish the negligence by establishing the duty of care owned by the party alleged to have acted negligently. The court must establish a direct relationship between the plaintiff and the loss suffered.