Law Essays

The intention is to fight them and regain control over their illegal businesses. Therefore, the terrorist will find ways to weaken the government or the joined African army in their endeavor to disrupt national and international harmony. The group is motivated by the need to avenge those who have suppressed their illegal activities.

The historical existence of the European Court of Human Rights (ECHR) can be traced back during the period of 1959. This judicial organization is regarded as one of the most profound regulatory bodies, which projects active involvement in situations wherein there occurs a breach within the protocols of human rights.

Rome’s Treaty offers protection against discrimination related to race, such as between natives of Member States and gender discrimination in pay (Articles 6 and 119 of the Treaty of Rome 1957). Article 119 requires the Member States to promote and sustain the utilization of the ideology that all workers should receive uniform pay for equal work irrespective of their gender variations. 

The core aim was to stop any person from using a sign, mark, device or symbol that is used as a trading name or trade-mark by a competitor to lure the purchasers falsely into buying different products or goods rather than buying the authentic goods due to misrepresentation of goods being sold and they belong to another person.

The decision of the first court convicted Hilda Gondwe Da Silva of assisting a person to hold a criminal conduct benefit while there were suspicions that the said person had been involved in criminal conduct. Through this action, Da Silva acted against the Criminal Justice Act 1988 section 93 (I) (a).

A contract, also known as an agreement is a legally enforceable agreement between two or more parties. The agreement outlines the roles and obligations of each party in the agreement. The United Kingdom has systematic contract laws to help in the enforcement of such agreements. The laws consist of both common and statutory laws with each providing articulate ways of approaching every unique case.

It is quite essential to state that the role played by the Union remains to attract much speculation in what seemed like a failure of the community and go too far in violating the international policies that determine how countries and the union ought to get involved in the functioning of the other.

Taylor rented the music hall for a concert. In between the date of performance and the contracting date, the structure was destroyed by fire. Because it was not possible to stage the concert in the building, Taylor sued for damages for the expenditures he had incurred in advertising the concert and preparing for the concert.

The joint venture is known as Roche Thiess Linfox Joint Venture. Consequently, the joint venture is registered within that name because of GST, under an Australian Business Number. In the documents that have been provided for the evidence, the joint venture was always referred to as RTL.  The three applicant companies, namely, Linfox’, ‘Downer’ and ‘Thiess’ are the owners of Roche Thiess Linfox Joint Venture.

In WWW Associates Inc v Giancontieri, the seller and buyer of a piece of land included a contractual term, whereby the contract would be rescinded if the litigation relating to that piece of land was not settled by a specific date. Subsequent to the lapse of the specified date, the plaintiff buyer sought specific performance of the contract.

Following the Immigration Officer's dissatisfaction about Eze’s ability to speak English, Chichi can convince the senior immigration officer since there is a certificate that confirms that Eze reached the level needed as Common European Framework about language learning. Eze's English is good but he was not able to understand the officer.

The capital city of the UAE is Abu Dhabi. In the emirates, national police fall under the Ministry of Interior whose responsibility is law and order as well as public security.  The ministry supervises Police General Directorates in the seven emirates. However, each emirate manages its own police force and oversees the running of the police stations in it.

Murder is the most severe of all violent crimes that man can commit. Consequently, the deletion and reduction of this crime are essential for the public and law enforcement. This is more relevant to those who are in direct contact with the investigation. The police are among those who steer murder investigations.

The World Trade Organization’s Agreement on TRIPS of 2001 tries to find a consistent set of intellectual property protection in member countries to offer greater strength in international financial affairs. Critics state that the TRIPS agreement offers an unreasonably strong defense of intellectual property rights that serves to stop the sick in developing countries from accessing inexpensive essential drugs.

Seven major member countries of the European Union, later increasing to eleven, barring the United Kingdom, formed the European Monetary Union and adopted Euro as the single currency on January 1, 1999, and replaced the individual national currencies at the irrevocably fixed exchange rates on that day.

The legal system of the United States is made up of several levels each with codified and uncodified types of acts. Among the various acts in the United States legal system, the most important of them is the United States Constitution. The US constitution is the bias against all the federal government in the US.

Today, there are increasing cases of consumers being deceived about their money and other possessions in business transactions in the United States. In the past, this did go unnoticed by the government; but in 1973 the U.S. enacted the DTPA (Deceptive Trade Practices-Consumer Protection Act) aiming at protecting consumers from misleading, false, and deceptive insurance or business transactions.

According to the severability doctrine, the arbitration clause is the agreement that is independent of the contract in which it appears. It is known as a savings clause as it makes sure that the provisions agreed in the contract remain valid and enforceable, should the contract or a part of it be held null and void at a later date.

The paper has successfully explained how sentencing based on retributivist principles is the most effective means of producing a less punitive range of outcomes. Retributive justice is based on the ideology that punishment must be in proportion to the crime committed and all similar cases must be treated accordingly.

If indeed the government aims at removing the jury institution, then there can be established a system where a panel of judges comprising a number of experienced members of the judiciary would conduct the trial, instead of the jury panel (though there are chances that in such cases viewpoint of the common people would. 

In reaction to the calls for independence, Goumi government forces have entered Boquila and massacred numerous Boquilans and left a humanitarian crisis in the region. Many refugees have entered neighbouring Keule and now the Boquila independence movement is demanding more support (including military support) to gain its independence.  

Cybercrime is a very potent threat to not only personal privacy but also corporate and national security that changes everyday as the information age unfolds. The difficulties observed in the detection and prevention of new threats due to rapid technological advancements present legal challenges in dealing with cybercrime.

The SGS claim was that “the umbrella clause has the effect of elevating a simple breach of contract claim to a treaty claim under international law”. In contrast, the tribunal first observed that it was the first international arbitral tribunal to “examine the legal effect of a clause such as an Article 11 of the BIT.” 

In the Netherlands, of a total population of around 16.2 million, approximately 3.6 million are below 18 years of age. The media has a significant role to play in the youth crimes occurring in the Netherlands. This is large because the media bring in front of the public, the rates and kinds of crimes being committed by young offenders. 

In the Enlightened Shareholder Value approach, much focus is given to “corporate stakeholders, including the environment, employees, and local communities” which are considered important in establishing long-term shareholder benefits. Much debate has been seen throughout the years on what the goals of corporations should be.  

Section 5 of the Work Time Regulation Act sets out an exception as to the maximum working time. Where 5(1) stipulates that the time limit specified by the employee can be scrapped off as long as the worker has agreed with the employer to do so in writing. This is agreed upon if the employer complies with the requirements of sec 4. 

Short-termism or the short-term theory assumes that institutional investors are more prone to respond to short-term returns on their investments. The difficulty with institutional investors’ propensity toward short-termism is that what is good for the firm and the economy in the long term is often not good for the short term.

The right to the free movement of persons is a central aspect and element of the European Union. From the Van Gend Loos case, it is established in uncertain terms that the European Union is meant to create a supranational entity that has a legal system that supersedes the legal system of Member States.

The most important part of the statutory provision empowers any shareholder to petition the court for direction on the basis that the company’s practice has the potential to or has been precipitated in a situation that is unfairly detrimental to the welfare of particular shareholders or all members.

The case of European Communities v the French Republic entailed tax arrangements that EU laws applied to spirits. In the French Republic, the defendant was taken to Court by the commission for introducing a discriminatory tax system on spirits. In this way, the defendant failed to comply with Article 110 TFEU as indicated by the European Union.

Insurance contracts contain a set of defined rules and guidelines which govern the insurance policy. According to Thomas, these rules and guidelines dictate the successful engagement between the insurer and the policyholder. Insurance contracts use conditions and warranties to spell out their guidelines and rules more effectively and emphatically.

The advice by the defendant was tendered superfluously at a meeting. It was held by the court that there existed a duty of care in this case as it was foreseeable that the claimants would be banking upon the facts for the purposes of tendering an offer for the purchase of a site (Fletcher 2014 p.22).

The virtual city police department was created close to 63 years ago with a few police officers and a chief. The department was instituted by the city council. The unit has developed to be one of the main policing agencies in the state. It is now a modernized department with close to 155 sworn police officers (Kasper, 2011).

The Board of directors from Bio-sport Company seemed concerned that employees using working hours to browse, Facebook, or socialize with others may negatively influence the performance and future company prosperity. As such, they approached this issue through a relationship lens paying key considerations to the concepts of “moral ecology”.

From the corporate description, the term director generally points out one responsible head that analyses and regulates the functionality of an organization or projects in a manner that appears favorable to the cause (Australian Institute of Company Directors (AICD), “Roles, Duties and Responsibilities”).

In the context of company law, directors act as agents of corporate governance on behalf of shareholders. Directors execute the duties of their offices in accordance with the business objectives of a corporate organization. In most cases, numerous directors under the Board of Directors umbrella deliberate on the important issue of an organization.

Most legal professionals argue that every branch of law is based on a particular case that formed the fundamental essence of that branch of law. Therefore, there are landmark cases that spell out various branches of law. Thus for instance, in contract law, the case of Balfour V Balfour creates the premise within which contracts are segregated from other aspects of the law.

The equality law depicts an enactment that came to be in the United Kingdom following the need to enhance the existing victimization laws. The law, therefore, was established to strengthen the existing laws by giving a more concise outline of issues that the previous laws did omit. The act also made the contents of the existing acts simpler for the awareness of the laws to all attributes of comprehension.

It is essential to state that English Company law of the UK is a regulation of corporate formations; guided by the Companies Act of 2006, EU directives, the UK Corporate Governance Code, the Insolvency Act of 1986, and most important court cases. It is one of the legal vehicles and a primary jurisdiction of businesses.

The Law Lords decision in Salomon v Salomon & Co Ltd established the doctrine of separate legal entity or corporate personality. Accordingly, the company was deemed to be separate from its shareholders. This decision deemed companies as distinct legal entities. In addition, this decision made it possible to transfer legal obligations from individual shareholders to the company.

In order to stay ahead of the competition, companies have also been operating in a manner where they can surpass the operational effectiveness of their rivals. However, in order to limit the conduct of companies towards an ethical and legal direction, it is important that a particular legal boundary needs to be set to encourage companies to have an alignment between their policies and social responsibilities.

In the famous leading case Salomon v Salomon & Co, it was held that the company is distinct from its members. It has a separate legal identity, and it is a legal person and can own assets in its own name and borrow money in its name for business needs. A company can sue others or can be sued by others.

It is essential to state that in the present business context, the purview of transparent business conducts and ethical concerns in company formation has gained considerable importance in the global business environment, which is already affected due to aggressive competitive challenges (Mallin, 2013).

It is quite essential to state that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the regulations) came to effect in the UK on June 13, 2014. The aim of formulating this law is to regulate the transaction and contracts made between a trader and a consumer.

During the Bosnian conflict, both sides of the divide were accused of engaging in atrocities and crimes against humanity by instigating ethnic cleansing and genocide. Both sides of the war were accused of committing these atrocities and this called for the need of developing a tribunal to investigate and punish the offenders. 

The regulations that are applied are done regardless of several factors that could affect them. The factors include the validity in the registration that is done to the EU. There is also the implication of the regulation is also done regardless of the validity of the constitution might lead to the dissolution of some of the companies.

Johnson v Unisys Limited, 2001 is also a leading labor law in the United Kingdom and represents a case where damages were made for unfair dismissal of the employer and the nature of the employment contract. Mr. Johnson worked for twenty years for Unisys Ltd in Milton Keynes but in 1994, he was alleged to be irregular in his work and was dismissed.

Currently in common law, the biggest costs are brought about by the amount of money paid to each party’s legal advisers. Apart from the small court fee, the litigant is never concerned with the cost of providing justice and other overheads of the court legal process. Two observations can therefore be drawn from this.

Globalization has improved technology hence complicating the market trends and making it easy for sellers to exploit innocent consumers. Therefore, there is a need for reformed bills of rights about selling practices. The consumer bill of rights in the UK will help not only domestic but also business consumers.

Since Bruce had undergone serious losses in the form of the destruction of most parts of his garden, including the replacement of maple saplings, withering of roses, and ruination of other areas, he threatened to sue Matilda’s over the phone at the court of law for the loss of his property as well as the injuries he had received.