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The basic test in this case stands for an ordinary person with the inclusion of uneducated or gullible people. It is evident from the contract which was made by Hamid and Kathy that he stands as a gullible person who is not aware of the charges that come with using the gadget. Therefore the consumer protection law protects such people.
Death is natural to many people. However, there are people who need physicians to carry out the process for them. Physician-assisted suicide is a decision made by individuals in their own will and right. It is done in order to primarily end suffering. It is done by physicians who have been legalized to carry out the process.
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The contract between Hamid and Speed Connect embodies the key elements of a valid contract. It meets conditions such as intentions to create legal relations, capacity, and offer, and acceptance. Nevertheless, on grounds of fraudulent and negligent misrepresentation, Hamid can be able to prove that his contract with Speed Connect is invalid.
The case under study concerns two people, Hamid and Kathy. Hamid is an Afghan refugee who was recently released from prison and currently lives in Adelaide here in Australia. The other party involved in this case is Kathy, a saleslady from a newly formed internet company Speed Connect Pty Ltd. These two people gets are engaged in a business contract there are complications involved in this contract leading to a dispute.
Once in the building, the person steals or attempts to steal property from the building. Ed has taken Goya's painting without permission, hence proving trespass. He has also appropriated ownership of the property, although without the intention to permanently deprive the owner of it since he intends to return it after 10 years.
Regulation 6 of the COSHH Regulations 2002 stipulates that, as their statutory duty, employers are not supposed to carry out any work that is liable to exposing employees as well as nonemployees to substances that are hazardous to health without carrying out a risk assessment together with implementing the necessary steps.
A contract refers to an agreement entered by two or more parties. This agreement is reached when one party accepts an offer or communicates the intention to buy from another party. The contract may be oral or in writing and is legally enforceable (Commonwealth of Australia 2010). The offer represents a party’s promise to be bound.
The following paper discusses the reluctance of courts to ignore the corporate veil or the lifting of the corporate veil, as well as the limited liability principles and the personality of the corporate identity. There are varying circumstances under which courts can pierce the veil of incorporation when making some decisions on the same.
The defendant owed the duty of care, and the defendant breached the duty of care to them. The claimant must suffer compensation as a consequence of a breach of duty of care. If Hamid terminates the contract before two years, he will experience monetary loss as a result of fines. This is a strong point through which Hamid can argue its case.
Asia Books Pty Limited enters a contractual agreement with Business Education Limited. In this case, the purchasing director acts as an agent for the principal (Business Education Limited). Therefore, the two parties, Asia Books Pty Ltd and Business Education Ltd have legal obligations to illustrate in this case as expressed under different grounds and in compliance with the Company Act.
Generally speaking, Lewis and Lewis (2011) define technology as the application of soft and hard science materials, methods, and knowledge in practicing arts and skills. From the definition, it could be reasoned that a distinction exists between soft (social) technologies and hard (physical) technologies.
A collateral warranty is mainly popular in the building industry. The principal contract in the collateral warranty is a building contract with a consultant or sub-contractor. A collateral warranty is normally provided by an individual or company appointed under the principal contract, such as a subcontractor or consultant, a third party who is not a beneficiary under the main contracts.
The bank engages in continuous disclosure to shareholders and the market to ensure that they have information on the group activities promptly. This is done in compliance with the continuous disclosure requirements. The group has outlined its ethical policies which are; integrity, collaboration, excellence, accountability, and service.
In cases that concern fire accidents, technical and scientific evidence are significant instruments of justice. They can cause numerous problems to the adversary trial process when it comes to determining their admissibility in a fair trial. Such problems are reflected in the legal doctrine that relates to the opinion an expert witness provides.
According to the legal practice in the United Kingdom, opinion by experts in various fields is admissible as provided for within the jurisdiction of common law (Munday, 2007). As a form of laissez-faire, the expert opinion is applicable in the process of legal practice as adequate evidence, with little emphasis on the reliability of the opinion.
In fire investigations, the experts ate usually allowed to provide their expert opinion about the scientific criteria that provide a clear understanding of the evidence. This is aimed at enabling the jury to make appropriate decisions. The use of expert opinion in fire investigations is common since some fires are caused by arson.
Additionally, it serves as the framework for a string of other evidence during a trial. For fire investigations, testifying at trial is normal for fire investigators who have the education, training, and experience to determine the cause and origin of fire (InterFire 2014, 1). Indeed, the final step in any fire investigation process is presenting expert opinion at a trial.
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According to the reports presented by the Center on Juvenile and Criminal Justice (2014, np), the crimes committed by youths have been on the decline since 1990. The latest development has motivated various jurisdictions to take another look at the practices that were largely adopted between the 1980s and 1990s.
Taking the example of the leading case of Turner expert opinion may be necessary for furnishing the court with some information that the judge or jury has no experience or knowledge about. For the case where the judge or jury can be able to use proven facts in making their conclusions about a case then there may be a need to have an expert opinion (2SCR 9, 1994).
The most common consequences of civil emergencies include disruption of services such as energy, water, and food supply, injuries, death, and illnesses (Hayward 2010). In addition to the provision of timely information, National Register for civil emergencies outlines the guidance on how individuals or organizations ought to prepare for civil emergencies and mitigation strategies (Cabinet Office 2012).
This process is highly informed by rules and involves much decision-making (Newburn and Sparks, 2004). All the agents taking part in the process, such as suspects, defendants, and convicted offenders are entitled to fundamental rights that must be respected through the process. The process begins with the suspect committing the crime.
This act forms the basis of legislation that includes ensuring the health and safety of employees apart from those at work from the possibility of subjecting themselves to risky environments. The role of the Health and Safety Executive and other authorities involved in enforcing health standards is to ensure the Act is enforced in addition to enforcement of other Acts that are important in the working environment (Bell & McGillivray, 2006).
Juvenile crime was on the rise during the 80s, raising concern among the members of the public and various governments on how to curb such crimes. The federal government required the State and local governments to focus more on the prevention of such crimes while avoiding punitive measures, but that did not just happen.
In summary of the issue, the Appellate Body did not overrule the findings from Panel that the new tax regime from Chile for alcoholic beverages was a violation of the national treatment principle which is pegged under Article III: 2. The Panel earlier found that transitional and new tax regime from Chile was inconsistent with Article III.
The global society is experiencing drastic and steady changes in the 21st century. In this regard, it has become imperative for the respective societal structures to subsequently adjust in order to align them with the changing and dynamic societal needs in the new age. The 21st century is defined and characterized as the information age.
Nevertheless, the third party is oftentimes not aware of their existence. The burden imposed on the purchaser is to find sufficient information about the land before he or she can acquire it. The aforementioned burden distorts the mirror principle of the land registry system; thus, exposing “cracks” in the system.
To avoid such violations, the grand jury has to eliminate any doubts in their testimony by introducing expert witnesses for their opinion. The Common Law in the United Kingdom (UK) today focuses on the qualifications of the expert witness and the subject matter. An expert witness is classified as qualified if they have expert knowledge.
As a result, any decision by the judges based on such evidence is unfair and questionable. Some of the issues associated with the use of expert opinion in the courts include undue esteem to the expert in complex fields, the use of one expert’s testimony, and lawyers’ lack of understanding of the limitations of the field.
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Albeit, the expert witness would be devoid of first-hand knowledge, such a witness would testify with the sole objective of assisting the court. The latter would, thereafter, instruct the jury regarding the information provided by the expert witness. As such, the system of admitting expert witness evidence and permitting such witnesses to testify before the jury, directly, was permitted by the courts, during the latter half of the 18th century.
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The committee also indicated the act would help in eliminating bureaucracy, thus increasing industry savings with numerous measures to address alcohol-associated crime, antisocial behavior, and disorder. Nonetheless, with about nine years since the Act came into law, the Act has had numerous implications in terms of communities, society, businesses, partnerships, and police some of which have been intended and others not intended.
This step is important and it involves creating awareness with regard to the problems and issues facing disabled people (Ife, 2012). Building a strategic alliance is important in ensuring that support is obtained from different stakeholders and hence providing assistance to Simon. This is considering that advocacy requires the support of different stakeholders.
This report aims to evaluate the compliance of the OHS act on Jim’s farm, which is located in Ontario, Canada. The 500-acre estate deals in corn farming and dairy keeping and it is run by Jim, who is assisted by his family in carrying out the farm operations. Jim’s farm has employed seven salaried workers who help in the operation and maintenance of equipment and machinery.
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The principle of duty of care in negligence cases was first adopted in the case of Donoghue v Stevenson where Lord Atkin stated that a neighbor is a person who is directly affected by a person's act that one has to have them in contemplation as being affected when one directs their mind to acts or omissions called to question’.
Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law which involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a civil wrong that is in the form of a breach of duty, which amounts to a legal remedy that is awarded in damages.
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It seems a confident and bold step to advocate about or rather, against the legitimacy of the jury system in any jurisdiction. Scholars have succinctly aired their concern regarding the writ of habeas corpus as well as trial by the jury, to an extent of making it a little less compared with the gift of divine inspiration.
The four-step process is used in this paper to discuss the element of consideration and whether this consideration was applied in Luke’s contract with Birchall. The first step of the process is to identify the principle of law. The principle of law for this case is that there must be consideration between both parties when making a valid and legally bound contract.
Mason, John, and Janice wined and dined indiscriminately on a Saturday night. Intending to continue the celebrations, they purchased two bottles of French champagne and repaired to the Lookout Point, which was located on a hilltop. There was no warning signboard and protection was provided solely by a two-metre-high fence.
Taxation covers and includes all that a government imposes upon an individual, and this is aimed at serving or for the service of the state. Taxes are divided into two classes: indirect taxes and direct taxes. Laws and policies that direct the process of tax, together with rules, are covered by the tax law.
If these companies decide to sue Mrs. Rosita, the judge could demand she return all the clients she stole from both companies and include a hefty fine on top of that. The remedy in such a situation could involve Rapster Ltd and Mentor Ltd coming up with a specific agreement ordering Mrs. Rosita to return all clients.
Rosita had indulged in conduct that was detrimental to the company’s interests. Moreover, Rapster can terminate its engagement with Mentor for the latter’s failure to control its employee as per the agreement between them. Additionally, Rapster can obtain an injunction, against Rosita to protect its business interests.
The Law of Contract is indeed one of the most pertinent laws that must be effectively comprehended for absolute knowledge in practice. Its minor composition and definite practice more often than not vary depending on the jurisdiction. Nevertheless, the elements that constitute it are usually common in most of all jurisdictions, thereby guaranteeing some better uniform practices and principles involved.
Marina Pvt Ltd could have raised an argument for an exclusion clause if it had been included in the agreement. For example, in Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd, it was ruled by the High Court of Australia that as the parties had signed the written contract, they were bound by it (High Court of Australia, 2004).
Moreover, Cyber Crime Law 2012 (UAE) does not sensitize cyber victimization offenses with the motive of addressing the responsibilities of the United Arab Emirates’ pursuit of international agreements. Both the recently amended Cyber Crime Laws 2012 of the UAE and the 2006 law still do not have provisions for specific aspects of cybercrime victimization such as those that address IT security.
The purpose of the media analysis was to examine and discuss areas of law, which are relevant to the report, the significance of the law to the parties involved and the influence of media on public opinion about the law. It reports discussed five areas of law namely corporate law, contract, real estate, fraud and organized crime.
The Commonwealth parliament is usually tasked with the responsibility of governing the states and this includes the formulation of relevant legislation. This is attributed to the fact that the Commonwealth parliament is in a better position to address the problems facing a particular state compared to the state parliament.
Business Law has several rules under it. Examples include; the National Consumer Credit Protection Act 2009, the Consumer and Competition Act 2010, and the Law of contract, among several others. There are regulations that govern these laws. The Retail Trading Act 2012 revolves its regulation in and around businesses that deal with the retail section.
International trade is the exchange of goods and services between nations. It gives rise to the world economy where, demand, supply, and prices are affected by global events (Gaisford and Kerr 45). Similarly, the fluctuating cost of labor across nations influences international trade, as companies have to pay more money to enhance production.
Criminal cases that involve decisions to prosecute fall under administrative law. Additionally, decisions or actions by government officers are governed by administrative law, unless where investigations are involved. In the case provided by the media report, Magistrate Edward DeVries suspended Michael's license for more than 10 months and directed the accused to pay $146.90 in addition to a fine of $900.
One of the main aspects an entrepreneur should consider before making general decisions concerns the structure of the business. Structuring a business is highly dependent on the situation of the business such that it should be able to fit the environment of the business. A business structure defines the level of ownership such that each structure will have its characteristics.
Legislation or statutes refer to the acts or laws that are made by the parliament as a legislative body. The Australian legislation system may be passed to either limit or override the common law where the amounts of damages that can be awarded are limited to a certain cap as per the legislated states.