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The paper "The Role and Definition of Courtroom " is a great example of an assignment on the law. Unlike the common scenes in most courtrooms where there are a number of audiences, seated on two sides of the rows and the witness and lawyers in the front, in this case, the audience is few.
The issue is whether there was an enforceable contract formed between Office Supply and CompHelp. A contract is an agreement that is enforceable at law. In order for an enforceable contract to be held to exist between parties, there must be an offer and acceptance, consideration, capacity of the parties and the intention to be bound. (Treitel, 2003)
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The court environment was also well lit and there were sound systems to ensure that the words spoken were audible to the rest of the court members (Masri, 2015). When the time for asking questions reached, every individual involved took their time to answer (Erebus, 2015). There is somehow some observable body language displayed by different individuals.
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According to WIPO, Intellectual property (IP) covers any mental creations including inventions, artistic and literary works, images, symbols and names that are use for profit or in commerce. Most jurisdictions have developed law that protects IP including patents, trademarks and copyright.
A contract is defined as an agreement between two parties where one party makes a promise of doing something for a benefit called consideration. However, some elements must be present for a legally abiding agreement to be formed between the two parties. These elements include an offer, acceptance, intention to create a legal agreement, consideration, and the capacity to contract.
The representation of the legal system is premised on wide period, impartial judges and zealous advocates in the formal processes. The significance of the judicial process is aimed towards the crime rather than the interests of the individual: the trivializing of an individual’s rights is directly treated with the trivialization of the crime.
The rights are universal and protect people, groups, minorities, and races from any oppressive rule or government. Countries that are signatory to the Universal Declaration of Human Rights that resulted in the wake of World War II enshrine the Bill of Rights as a document that assure modern rights to its citizens.
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Just as it is in almost all professions, the career of a correctional officer is facing dynamic changes making it different from the ancient correctional career. Today, with the invention of technology, much has changed in this profession. For example, correctional officers nowadays use sensors to detect the movement of inmates within the facility.
It is quite essential to highlight that there are different car valuation options available for Fast Ed. He may apply the cost at which he purchased the goods in stock at year-end or he may value them at the existing market rate. The latter option is the best because it gives the net realizable value.
In Australia a contract must conform to any sort of formality, this means that at times contracts can be oral and the procedure may not mean the validity of the contract. However, when it comes to the exchange of property and goods, it is required that the contract be formal for it to be enforceable(Frey).
Business is an act that involves both the buyer and the seller. When the two parties come together, the seller aims at making more money over a given product while the buyer aims at getting the most affordable price of the product. Many times the buyer is always never certain about the exact value of the product, the amount in which he or she will purchase majorly depends on the stated value of the product.
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The issues relating to animals are frequently affixed in the media inclusive of animal unkindness offenses, problems of unnecessary friendly animals, using animals in studies, as well as exhaustive farming of animals. Reinforcing the above concerns is an intricate legal guideline, the subject of a significant current trend in the field of Animal law. Some years down the line, the regulation of animal law hardly subsisted in Australia.
Saudi Arabia is one of the countries that are increasingly using the concept of e-commerce. The Ministry of Commerce and Industry is in charge of controlling e-commerce in Saudi Arabia. The Ministry of Communication and Information Technology is responsible for the enforcement of laws that deal with electronic contracts.
Whether Angela can use Stella’s recipe for the Black Forest cake if she leaves Coffee and Cakes Limited depends on two issues, the provisions of the employment contract between the two and whether or not the recipe has been patented. The recipe for preparing the Black Forest Cake has been traditionally used by the family of Stella.
Overriding interests are defined as interests expressed regarding land that does not belong to the person expressing the interests (Dixon 2008, p. 42). In law, overriding interests have priority to the land proprietor’s registered title. In other words, even though the overriding interests are not registered, they are legally considered binding on the land they lay claim to.
Ellen opens a meditation studio through the signing of a two-year lease with the landlord. Before entering in to the contract she makes enquiries from Burnside Council as to whether there were any building works scheduled to happen close to the premises she had chosen to which she is informed that there is none.
The world has experienced distinctly new types of security challenges in the 21st century, which include terrorist attacks and threats, natural disasters and health hazards. Governments and communities are thus dealing with different security issues than those of past centuries. These new security challenges have certain information components, for example, crucial private sector information structures or cyberattacks.
As such, during emergencies, these authorities play an important role in ensuring that the highly vulnerable victims of disasters, who are also consumers are placed on par with individuals who are not affected by a disaster in terms of accessibility of resources. In most disaster cases, the suppliers tend to embrace some practices such as price gouging, which limit accessibility to some products.
There has been an increase in foreign direct investment in different parts of the world. Foreign direct investment has positive impacts on the economy of the country. The issues such as environmental concerns have led to the countries introducing some strict laws with regard to foreign direct investments.
Privacy rights had been held to intervene with the liberty of speech’s protection. Even to date, the UK never recognizes the cause of action for any illegitimate commercial utilization of an individual’s image or name unless the claimant can ascertain some privacy invasion, or is capable of revealing passing off false libel or advertising.
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Under the background information, it was realized that loopholes in cyber victimization laws make it hard to tackle various aspects of cyber victimization. Nevertheless, the research proposal looks at the tenets of law in the United Kingdom and those in the United Arab Emirates and their effectiveness in dealing with cyber victimization.
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The success of these investment initiatives is attributable to the existence of intellectual property protection rights (Williams, 2013). Intellectual property is inclusive of the creations of the mind, works of literature, music, inventions, names, and symbols that are used for commercial purposes (World Intellectual Property Organisation).
In our present problem, since Ben and Sharon were at a mutual mistake regarding a crucial feature of the agreement, the contract can be deemed void ab initio. According to the above discussion and the decision in Raffles v Wichelhaus, Ben can rescind the contract based on the concept of mutual mistake under the provisions of contract law.
Mike must also show that a breach of the duty of care exists. This duty would be breached when the defendant does not show reasonable care in fulfilling his duties. In the case study, it is clear that Mike failed to exercise reasonable care as he neglected his assistant’s advice that he should check the connections before switching on the machines.
Emma Clarke appeared before a Magistrate Court in Perth on 24th February 2014 for one account of stealing, one account of the assault, and one account of the possession of a prohibited drug (methamphetamine). The matter was referred to Adult Community Corrections Service for the preparation of the pre-sentence report. The Pre-sentence report was duly completed and it is attached for the information of the Court.
It is essential to state that this report seeks to review the Evidence of the Buncefield Oil Storage and Transfer Depot fire of 2005, which was caused mainly by neglect or laxity and an inefficient and complacent approach on the part of workers and management when it comes to matters of safety in the oil depot.
The first advantage is the protection of the members of the jury. The Court refuses to rule their action as being in contempt of the court. This decision was very important in ensuring that the jury is protected and that they would, in the future, be able to render judgments without fear of repercussions.
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The attitudes that people now have towards animals are shaped by their notions towards animals’ aesthetic and symbolic value, their similarity to us, and their usefulness. Do animals really have rights? At the heart of the current animal rights controversy is the moral equivalency of humans and animals. The never-ending question is whether animals have the same moral status as that humans.
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Individuals and families often borrow money from private and public financial institutions to fund projects like investment, education, and housing. In a similar manner, governments too enter into debts so as to facilitate infrastructural developments in their countries, buy weapons, and provide services such as education and health.
Mattel, Inc's case study presents various instances of legal and ethical aspects with respect to the obligations and responsibilities of the company to its employees, customers and society. Employees’ obligations involve observing their well-being in terms of safe working conditions and terms of employment.
Over the last two decades, environmental issues have become broadly regarded as a ‘vital business stakeholder’ by a number of stakeholders of the organization. This emergency of environmental stakeholders as a common interest of businesses implies that marketing and organization as a whole have a responsibility for the broader societal good.
It is critical to point out that freehold property, unlike Lee, sews hold means that the ownership of the property is not fixed for a given period (Victoria et al., 2013). This means that one has the right to ownership of a given property but without a specified period. This is unlike the leasehold system where the owner of a property is only given authority over land for a given period.
Generally, initially, there existed a partnership that involved Joseph Edwin James (‘Mr. James’) and Meyer Gold Mining Pty Ltd (‘MGM’). Then, the partnership components got altered following a formation of a new partnership that involved Pitgate Pty Ltd (‘Pitgate’) and Meyer Gold Mining Pty Ltd (‘MGM’).
In modern Australia, the Cadastral Survey System is majorly used in Victoria to alienate land. A Cadastre may be defined as a parcel-based system of land administration in which every parcel of land has a unique identifier. Through this system, one is able to understand their responsibilities, rights, and restrictions in a particular parcel of land.
When the circumstances surrounding the exchange of blows like in the case of Carroll v Lergenser (1991) 2 Qd R 206 involves having consented with the victim beforehand, the onus of proving culpability does not become easy. This however does not imply that individuals are allowed to fight each other to any degree of harm.
Capital is the amount of money required to start a business. The unavailability of capital greatly affects the establishment of most businesses. However, various sources of capital are in place and can be used when starting a business. Personal savings and loans are the most popular sources of capital for most businesses.
The ‘Anti-social Behaviour, Crime and Policing 2014 ACT describes “anti-social behaviour as conduct that has instigated, or is likely to generate distress, harassment, or alarm to any person. The behaviour is one that can likely cause annoyance or nuisance in relation to that individual’s occupation of residential places.
Section 1 of the Marine Insurance Act of 1906 presents what marine insurance is. In reference to this Section, a marine insurance contract refers to a contract in which the insurance company undertakes to indemnify the client or the assured, in a given manner and to the extent agreed thereby against marine losses. This means any incidences of losses to a marine adventure.
Generally, the Corporations Act 2001 specifies the duties of directors. Some of these are the duty to exercise reasonable care and diligence, which has been stipulated under Section 180 of this Act; and the Section 181 requirement to conduct the company activities with good faith and legitimate purpose.
The guarantor is needed to pay the creditor because of the failure of the debtor to do so. In such circumstances, the law normally requires the “surety a right of subrogation,” which allows the guarantor to assume the responsibilities of the debtor and to assume the debtor’s contractual rights in recovery of the cost of making payments on behalf of the debtor.
The present essay answers some questions based on scenarios drawn from three chapters in the students’ text. The questions aim to test the students’ understanding of the law and how they can apply it in various situations. The essay further addresses three areas of Business Law namely: Business Crime; Tort; and Contracts in Chapters 8, 9 and 12 respectively.
An expert is someone with experience or knowledge in a given field that ordinary persons do not possess. A person who presents useful information or knowledge that may assist the jury in making a decision on a case in the court is referred to as an expert witness. The information helps one to understand the issues arising from the case and come up with a just and sound decision.
Acquisition of loans from banks often requires a third-party guarantee as they would be liable in case one defaults in paying the loan. A guarantee is a contract that has to be signed by all sides, and the content of the pact must be well elaborated by the concerned parties. It is thus a collateral undertaking that is implemented for the failure of a primary debt (Clarkson et al. 2014).
It is essential to state that Ruby and Manny applied for forming a company, Suits-Sir Pty Ltd, on 5 January, with themselves and Ezra and Golda as its shareholders and directors. Ruby signed a contract with Wax Builders as Suits-U-Sir Pty Ltd per Ruby, to extend their business premises on 10 January.
This paper reviews the competition law in relation to achieving consumer protection. The European Commission expects inherently higher standards of business behavior from undertakings it presumes to be dominant. The decisions made by the courts in this particular clearly reflect the aims of the EU competition law.
Thornton v Shoe Lane Parking Ltd [1970] EWCA Civ 2 is a case that dealt with the operation of an exclusion clause in a contract. In this case, it was ruled that a condition made after the offer of a contract is accepted cannot be taken to be part of the contract. The case concerned an exclusion clause that deemed to exclude Shoe Lane as the owner of a Multi-story car park from any personal injury liability arising on their premises.
Quite a number of bills are passed often and they have a major impact on individuals or various segments of society. One such bill that is unique is State of Colorado House Bill 13-1006 which proposed free breakfast for students. This paper attempts to get an overview of the bill, tracing its legality through the common processes of bill formation and identifying its relevance to social work as well as its impact on the social fabric.
This report is prepared by the QS firm for legal services, on behalf of the contractor, for the establishment of advice to be used in weighing the options and coming up with valid claims on how to solve a construction conflict related to delays. The notice of adjudication has already been drafted and served to the employer.
It is essential to state that security has been one of the most crucial areas of concern that have been focused on by various law enforcement agencies globally with the aim of ensuring that law enforcers and field operatives are safe and secure as they maintain law and order in different societal settings.
Corporate governance defines how things should be done, and one of the supporting components is the Remuneration Committee. The Remuneration Committee aims at determining remuneration arrangements for strategic purposes and to allow businesses to recruit, retain, and motivate senior executives will ensure compliance with the requirements of governance and regulatory bodies.