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The Australian Property Law provides a system of acts that regulate and prioritize the rights and responsibilities of individuals and their interests in relation to property acquisition. The word ‘property’ is commonly used to refer to things or objects that belong to one another. However, it is usually treated as a set of rights permissibly exercised over something both tangible and intangible assets.
Having been the director of Queensland Nickel, Mr. Palmer is required to manage the company’s affairs through the fiduciary relationship that he stands with the individual shareholders and the present or future creditors. He was prospectively entitled to displace the power of the directors and shareholders in managing the assets of the company through the liquidation mechanism.
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Prior to advising Bruce whether a contractual agreement exists or not, it is necessary to analyze the situation to ascertain the existence of an enforceable contract between the two parties. The first step entails proving that the parties had reached an agreement as a prerequisite for determining whether there exists a contract; see Gulf Corporation Ltd v. Gulf Harbour Investments Ltd.
A company comes into existence once registered under the Company Law. Thus, a company is a person albeit intangible and its existence is only under the contemplation of the law (Fleckner & Hopt, 2013). Consequently, since it is a creation of the law, it carries only the properties characterized by its creation.
Elaborating on the facts presented, the law has provisions that income from Stephanie and Ronald, including the personal exertion as those which consisted of their salaries of $80,000, commissions, earnings, wages, fees, bonuses, gratuities, superannuation allowances, pensions and allowances should be considered as assessable income.
Rohit, Ariel, Charn, and Levi can start the company to market the medical app as either a company limited by shares or as a partnership. A company limited by shares is a popular business entity in Australia and elsewhere in the world. The reference to limited by shares means the liability of shareholders in the company is limited to the amount of capital contributed.
The study will discuss the legal rights of a bride Winnie by referring to the case law and the Australian Consumer Law. This analysis will evaluate whether bride Winnie has legal rights to sue for damages at her wedding. It will look at the extent to which Winnie has the possibility to win in case she sues the wedding planner and the hotel.
An invention or trademark of any trader ought to be the sole property of the inventor and should be used only with each country in the world having a law that protects the intellectual property rights of their citizens. These intellectual property rights are protected using trademarks. The trademarks are meant to differentiate the product in the market from other products of usually the same category or otherwise.
The common law of misrepresentation is a contract law that takes into account the false statement of fact made by one party to another during the agreement. Misrepresentation can affect the contract's legitimacy. Nevertheless, there is a particular threshold that must be met for the law of misrepresentation to be used.
The case study of conflict theory and racial profiling was based on the data analysis of the police traffic stop conducted by Alex Piquero, Matthew Petrocelli, and Michael Smith using Richmond’s data from the Police Department of Virginia. The article tested the conflict theory’s application within the department of the police traffic stop.
Sports Law in the UK serves to regulate sporting activities, organizations and players. It serves to provide a guideline on the best practices and discipline for teams and their players. This assignment discusses sports law in relation to contracts between teams and players, the regulation of drugs in sports and the influence of the transfer window in restricting freedom of movement under EU law and its legality.
Chemical risks include the use of substances at construction sites that have been made from chemicals which when inhaled or consumed or penetrate through human skin can cause respiratory and other defects associated with skins due to exposure. These chemical substances cabs are carcinogenic, toxic, or even corrosive.
The performance of courts and conflict resolution systems is the priority of many judicial officials in nearly all countries around the world. The reason for this is to realize a system that will ensure that all citizens have adequate representation in the court system. Moreover, the goal of many court leaders is to have efficient and effective judgment of cases and allocation of awards.
This paper examines the evidential issues occurring in the provided case study. The objective is to advise both the prosecution and the defendant on the evidential issues arising from the case. The IRAC approach has been used to achieve the stated goal. This approach calls for the examination of the facts of the issues, identification of relevant rules, application of the laws and conclusion.
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It is evidently clear from the discussion that both the 1951 and the 1954 Conventions outline the detailed provisions for the CTDs. The systems of the conventions are regulatory on establishing a travel document that is unified for the stateless people and refugees when the Contracting States base it on reciprocal recognition.
Facts in issue can be defined as information whose legal credibility or liability can be drawn from processes such as inquiries and can be used to make decisions. According to Keane, the courts have a right to admit facts in issue as relevant information to a case as long as they can be proved by evidence.
This is to safeguard the Safety and Health of the individuals involved in the construction process, those who might be affected by the construction work, and the eventual users of the structures. Given that the contractors bear the greatest liability, they are therefore tasked with the responsibility of keeping up with the standards set up.
The paper "Health and Safety Regulations in Construction" is a remarkable example of a case study on the law. The Swansea high street, SA11LN, is supposed to undergo the redevelopment project which involves the demolition and Façade retention scheme in order to construct new offices.
It is such statistics that necessitate that all stakeholders familiarize themselves with the main health, safety, and welfare regulations in construction. In relation to the Swansea re-development project, this work identifies the Construction (Design and Management) Regulations 2007 (CDM), The Control of substances hazardous to health regulations 2002 (COSHH).
In this project, it is vital for workers to wear a uniform or protective gear, for instance, a hardhat or safety helmet, goggles, weatherproof to guard themselves against one or more risks. It is worth noting that construction head construction is now incorporated in “PPE work regulation 2013” (Fire protection Association 2014, p. 476).
In the field of contract law, parties may enter negotiations that lead to the making of the contract. In these negotiations, the parties decide on the prices of the goods and services that are to be offered. Just like our case, Widget plc required a widget manufacturing machine and therefore they negotiated with Machine plc and reached an agreement and made the contract official by printing and delivering the documents to Machine plc.
Dr. Shah arranged for Richard to attend the genitourinary medicine clinic for treatment and recommended that Richard tell his wife about the diagnosis in order that she could also access tests and treatment. Richard said that he was not willing to do that and admitted that he had had a string of one-night stands which he did not want his wife to find out about.
Generally, to advise a trustee and executor on likely actions upon the death of the settlor, equity and trusts have to be established. It has to be established whether trusts exist based on certainties and capacities. At the same time, the effects of a covenant in a trust deed have to be considered.
This first section aims to establish if Pamela has priority over the two mortgagees (Prestown Bank PLC and Prestown Building Society) as to the proceeds of the sale of the Dunroamin property. In order to establish who has priority in the proceeds of the sale of Dunroamin, it is important to first determine the law and apply it to the facts of this case.
The Tribunal found professional misconduct based on Health Professions Registration Act 2005 against Dr. Topchian because of the sexual relationship with a 21-year patient who was seeking cosmetic surgery services. The Health Professions Registration Act 2005 contains guidelines and principles for accomplishing health-related activities.
Rehabilitation should be the primary purpose of sentencing with respect to the criminal justice system of the United Kingdom. Rehabilitation is an intervention that is seized with reforming convicts, as well as the social conditions that promote a criminal culture. It has been acknowledged that crime, poverty, and drug abuse are correlated.
Generally speaking, sources of law refer to the origin of the doctrine that governs human conduct in an administrative division. It can also refer to the state from which the law derives its vigor or legitimacy. Factors that have contributed to law development are also sources of law Owen (1977: 40).
Human behavior has led to rules with a legal force which guide it. This is what is referred to as sources of law. Sources of law may also be referred to as the supreme or the state from which the law originates its legitimacy or force. The aspects that have added to the improvement of law are also considered the sources of law.
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The causes of these delays are such as guilty pleas that are submitted late, adjournments, over the listing and the failure to appear in court as mandated. Studies on case management have been researched to cope with case timings. This however affects a lot of change that the system fails to correspond with.
Crime and social demography tend to enjoy complex and reciprocal relationships. Numerous aspects of social demography such as age, gender, the propensity to marry, decisions to move, family formation, socioeconomic stratification, race, and ethnicity continue to demonstrate the diverse influence on involvement in the crime.
According to Dordevic, fragile states refer to countries with national and local authorities with deficient or weakened capacity or have a “fragile capacity” to deliver vital public goods, including security, safety, as well as alternative basic services. The term conflict-affected states refer to fragile states facing these reduced capacities as a result of socio-political conflicts like wars.
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The market of Middle East is the prime sports market that is emerging, continually growing and is also offering development. The legal infrastructure, which is related to sports, has to be developed in parallel with the sports market. Although the jurisdiction of UAE comes under a young and minor jurisdiction, its field of laws and dispute resolution is maturing at a fast pace.
A trustee in bankruptcy is a person appointed for a bankrupt estate. A trustee is appointed in cases that involve individuals. A liquidator is appointed in companies where the company becomes insolvent. The two have the function of collecting debts and paying the creditors to the extent that the assets and the debts collected permit.
The unique distinction sets it apart. Initially, the Yakuza were gamblers, peddlers, bandits, and the worriers gone wrong alleged to exist more than three hundred years. The original members of the yakuza had Robin Hood-like features and rendered their services to both the shoguns and municipalities.
The character and diversity of the crimes that have prevailed in Russia have appeared unlimited to human trafficking, drug trafficking, money laundering, and stolen automobiles. Unfortunately, the spill-over effects of the crime into parts of Europe, particularly in Eastern Europe, have become a concern to the rest of the world. The Solntsevskaya Bratva is, currently, the largest in Russia.
Multinational companies are companies operating in many countries, but solemnly established and headquartered in one country. Multinational companies operate in more than two countries, but in many cases, they operate in more than two continents. Etisalat is a multinational company operating in the United Arab Emirates.
The case involves the murder of a British 17-year-old lady in Southampton on 14th march, 2003. It took the police and the court 5 years to pursue the case and bring the perpetrator to justice. The criminal activity was carried out by a 40-year-old Indian immigrant who had migrated to Britain 8 years earlier on grounds of marrying his long-term girlfriend who was a Briton.
The Pavalovain acts also fail to meet occupational health and safety regulations. Under these regulations, an employer is supposed to ensure that his employees are safe by place a safety mechanism in place to ensure the safety of the employees. However, failure to institute a human factor program, the airline is failing to give its employees the opportunity to ensure safe operations.
Emirates is an airline multinational company, headquartered in the United Arab Emirates. The company is a subsidiary of the emirates group, which is owned by the government of the United Arab Emirates, through the Dubai investment corporation. Emirates is a multinational company, in that it has already established itself in many countries across the globe, on all six continents.
This essay analyses the subject of Foreign Direct Investment (FDI) and how the phenomenon should be regulated for its effective operation across countries. The essence of the essay is to evaluate whether or not FDI needs an orderly system of governance in order for the practice to operate effectively and competently across nations in the world.
Different countries have different perceptions on active citizenship but what is common in all of them is volunteerism. Volunteerism has become the new order for countries since this is the most appropriate way of fostering business relationships and settling disputes. Volunteerism has also helped in facilitating democracy in nations.
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In criminal law, legitimate defense refers to a state where an individual engages in an act intended to protect his or her legal interest or right from criminal danger in a manner that is consistent with the danger based on which an act is directed (Ismaila 2008. It points to a right that permits a defendant to resist any aggression directed at him in circumstances where no other means are available (Sakhen 2008).
Negotiation is both a business phenomenon as well as a dispute resolution mechanism. Unfortunately, the legal foundations upon which negotiation is founded are often taken for granted. This is perhaps because negotiation is a common pre-contractual mechanism in addition to being a known dispute resolution process.
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Court waiting times are increasingly becoming an area of concern for litigants not only within the United Arab Emirates but also all over the world. Litigants are continually facing the challenge of having to wait for long periods (sometimes spilling over into years) before their cases are concluded.
It is essential to state that numerous theoretical practitioners focused on the development and presentation of theories, which provide a platform for criminologists to adopt the best solutions individually, as well as in combination towards the reduction of the types and levels of crime in society.
The principle of equitable and reasonable use is the basis of the UN Watercourses Convention and the main rule that guides international watercourses sharing. The watercourse State is entitled by the principle to an equitable as well as a reasonable share of the benefits ad uses of the certain watercourse.
Environmental responsibility has become a leading legal issue in the world today. Private and public organizations are required to undertake their operations with minimal damage to the environment. As such, numerous legal frameworks and policies have already been developed to ensure that individuals and organizations are held accountable for their actions that could potentially damage the environment.
The legality of euthanasia: arguments for and against the need to decriminalize voluntary euthanasia and assisted suicide in Australia and the way forward. The focus of the proposed research will be to evaluate the legal status of voluntary euthanasia and assisted suicide within the current legal framework in Australia and how this compares with current trends in other jurisdictions.
Jimmy is guilty of being negligent in using a modified hoverboard whose functionality was incapacitated. He ignored the company's clear caution on not using modified equipment or modifying them as well. Jimmy by modifying a skateboard to a hoverboard defies these caution made by the manufacturing company he is there guilty of negligence.
The jurisdiction that touches on unconscionable conduct defines it as too harsh conduct by a business or individual that is way overboard to an extent that it goes against good conscience. Therefore, for conduct to be considered unconscionable, it has to be unfair and oppressive to the other party.