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Contractual liability has become a significant risk management method. Liability can be one of the most complicated and complex business aspects to understand. Contractual liability is the legal liability of another party that a transacting company agrees to assume the contract by a written or oral process.
According to the report by the US Fire Administration, a fire takes place in a housing structure every 79 seconds (Hall 1998, 691). This same report indicates that on average there exist roughly 100 firefighters who pass in the line of duty each year. According to Lamm & Walters (2004, 253), numerous of these deaths are linked to structural crumble at the time of firefighting exercise.
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Employers in the UK are required to provide workers with a statutory written statement of employment which sets most of the terms of employment between an employee and employer. Therefore, the statutory written statement of employment sets out the terms that must be included in an employment contract.
In fire cases, the prosecution always depends on the experience and expertise of the investigator in interpreting diagnostic fire behaviour signs at the arson scene (Stauffer 2013, p. 1). The investigator must be able to do a careful investigation to get into the detail of the possible arsonist. On the other hand, fire techniques and awareness can point at the clue of the possible arsonist.
Surrogacy has become a contemporary contentious issue not only in Australia but also in many other countries (Trowse, p. 199). Complexities arise when surrogacy agreements cannot be enforced. Differences exist among bioethicists, legal professionals and policymakers on payment made to surrogate mothers, commoditization of children and other issues that arise after the child is born.
The type and class that a mining company with constitution specifying the mining purpose would be designated, whether a company would be bound by a contract entered into by a director who is in breach of the constitution, and whether a company would be bound to comply with contracts entered into by director for actions that are outside the company’s objects clause and any action available to the company.
The five-judge bench established that the quality and quantity of the contacts alleged were not enough to establish and sustain general jurisdiction over defendants. Concluding the case on the 10th day of October 2013, the defendants’ motion that sought to dismiss for lack of personal jurisdiction was unanimously granted by the court.
A contract legally binds two parties to undertake their mutually agreed obligation in the contract. A legally binding contract consists of four elements; offer and acceptance, consideration and intention to create legal relations. An offer is a proposal by the offerer to the offeree expressing his willingness to enter into a binding agreement
Either, governments claim that legitimizing the obstacles serves the interest of harmonizing the operations of the NGOs in the spirit of dealing with terrorism and countering extremism (Friedman, Elizabeth, Hochstetler, Kathryn & Clerk, 2006, p.108). However, NGOs have the option not to succumb to the regulatory barriers. This paper tries to examine the principles that seek to govern and protect NGOs from government intrusion.
The main puzzle that led to the establishment of this treaty was that there were unclear strategies and international laws for regulating the use of nuclear weapons. Many countries were possessing nuclear weapons that threatened the peaceful existence of world peace if each country was left to use the weapons anyhow (Graham 2004).
Brew U entered into a contract with Jane to supply beer to the party and this meant there was a relationship creating a duty of care on both parties. The duty of care to supply beer that was fit for human consumption was breached the moment Jackie and Philip who ingested large quantities of the beer were admitted for food poisoning
Proximate cause links the responsibility of the defendant in the negligence and the injury of the claimant. Under the common law, a defendant in negligence will only be held responsible for injuries that the defendant could have reasonably foreseen through his omissions of or actions. Such facts were demonstrated in the case of Donoghue v Stevenson
The law in general dictates that where an offer is made in a contract agreement, and where there is no expression of a time limit, the offer is presumed to have lapsed when the other party declines without accepting the offer. However in this case the time did not lapse and Nicholas did not depart from the contract without responding to it.
Jane and Dan can be presumed to have entered into a contract in which Jane intended to rent an old renovated barn in the Adelaide hills as the venue for her birthday party. The agreement between the two parties reflects express terms in the contract including the rental fee amounting to $2000 and a deposit of $6000 bond for damages to be deposited within a fortnight.
Any business agreement or contract either documented or not need to be honored by all parties involved in such an agreement. Dan made a business agreement with Jane that the barn would be available for Jane to hold her birthday bash. The fact that Dan didn’t honor the agreement breaches several business laws. Firstly, this is an abuse of Jane’s personal rights and the deprivation of information.
The employee of the local council is an agent of the local council. All his acts and/or omissions, while on duty are the acts and/or omissions of the local authority. In this case, the employee is placed in a position where Ellen could reasonably rely on his judgment and his (employee's) ability to make a careful inquiry. She asked several questions, including a question about building work in the area.
The sudden illness of the King resulted in the cancellation of the coronation, and the court held that the contract was canceled due to frustration. The contemporary Australian legal position about such situations is provided in the ruling in Codelfa Construction Pty Ltd v State Rail Authority of New South Wales.
The MacArthur Study shows that more than 80% of victims of violent acts committed by mentally ill patients are likely to be family members and friends. The study argues that mentally ill patients discharged from different health facilities are more likely to commit violent actions against their friends and family members than strangers.
Foreign direct investment into China has risen to 6% from the last year’s growth. The major contribution of the rapid foreign investment into china is the rising economic growth. There is increased investor confidence because China creates an enabling environment for investors. The ministry of commerce in China indicated recently that incoming direct investments into China reached $800 billion by the end of the year 2012.
During the United States invasion, the Assyrians had gained the hope of regaining their sovereignty. This was, however, not the case because they became the major targets, which reduced their numbers even more (Tripp, 2002). According to Iraq’s local organizations, the number of Assyrians believed to flee the country during the United States invasion between 2003 and the end of 2010, was around 150,000 (Tripp, 2002).
Ellen, who was misled by the local council official, has a right to sue for damages that she encounters because she relied on the promises given by the employee of the local council. Ellen entered into a lease contract of 12 months because she was assured that the terrace house near to Oxford St. was a perfect place for her business. The local council employee said, “Relax everything will be fine”.
Following the conversation between Dr. Doe and Stein, the offeror did not revoke the offer though he did not wish to work for something less than the amount he stated in his offer. The statement Dr. Doe issued to Stein does not constitute a revocation of an offer. The statement was just a reaffirmation of his offer.
The CISG is referred to as the “Vienna Convention”. This convention is being practiced in all its states and any self-governing territory. The CISG was implemented on 1 April 1989 in Australia. Although, there are minimal references to this CISG in the cases which are decided in Australia. In these references, most of them aren’t related to the provisions that deal with international trade (Article 7(1)).
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The paper notes that companies limited by share are fundamentally different from a sole proprietorship, as shareholder liability is limited to their capital contribution or share subscription in case of a balance owing. This rises from the fact that an incorporated company is a separate legal entity from its owners.
There are factors to be considered before the insurance company covers the risk that is likely to take place. Insurance companies make their decision based on the information that a beneficiary is giving. However, there are rules set by the Insurance Contract Act 1984 that need to be observed so that the contract can be legal
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Before international laws came into force, many national legal frameworks considered children, lunatics, and married women as legally incompetent beings and as a result, needed not to enjoy their basic human rights or any form of protection. Women and lunatics, with time, were allowed to exercise some special forms of protection.
The standards for determining whether directors breached their duty of care and diligence were applied in ASIC v Vines. In this case standard of care and diligence was measured based on what a reasonable and prudent person would do and what an appointee with special skills would do in the given circumstances.
Case laws are interpretations and decisions that are made from a decision on legal issues before the judges by the judges. They are usually considered common law and an aid for the interpretation of the law in successive cases with comparable conditions. Advocate use case laws in supporting their views.
This discussion aims to explore the case of the death of Baby P with a focus on the events that typified the crime, the form of homicide and the characteristics of the baby who became the unfortunate victim of child abuse Homicide in Britain Hyland (2008). The characteristics of the perpetrators in the case, which gained a lot of media attention in the United Kingdom and beyond also emerge here.
Police officers or law enforcers have to handle the issue of security with a lot of care. This is for the purpose of winning the support of the members of the public and also ensures integrity in their work. The future challenges to policing also require some strategic actions that will ensure that crime is prevented.
In the United Kingdom, covert surveillance and informer handling activities are authorized under the Regulation of Investigatory Powers Act (RIPA) 2000. The act has undergone several changes since it was first enacted in 2000. Within the constitutional context, these changes have had various implications for employees and employers.
Since major differences exist between the ways various jurisdictions treat similar business transactions, it is vital to take special care in structuring international business transactions. Hence, it is important to recognize that legal perspectives and civil code jurisdictions differ significantly in the way they operate in form and substance.
Products and Services: Salazar Steel company sells 5,000 metric tons, specification #41 steel ingots. Warranty for purity and transport services will be specified. As Kanda & Deshmukh (2009), there are critical facts that SS would highly emphasize are the rates of sales and date of payments which are favorable for the company in the transaction.
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Experiences encountered in the field during evidence collection and management in UAE with a special focus on Tzlad state. Further, the strengths and challenges encountered are explored. The ways in which evidence contributes to effective detection and subsequent conviction of crime are as well examined.
Harfield (2012) describes informers as persons who supply information about other individuals to authorities in a covert manner often for some form of reward. The information supplied has the potential of leading to intelligence or enabling the concerned authorities to embark on regulatory enforcement or investigation.
The world is facing a sharp twist toward new payment methods. Payments are shifting from paper to electronic therefore making non-cash modes of payment growing. The new payment of products, services, and rules are changing rapidly with the technology making these new payment methods more susceptible to fraud, and breaches of security data.
There are a number of models and each alternative provides a course of action in meeting the investigation's objectives. This forms the premises on which the detectives’ decisions likely rest. There are numerous methods used for carrying out investigations including; scientific techniques, using informants, and witness interviewing.
The Coalition Government of the UK is seized with ensuring the safety and security of its law–abiding citizens. Any individual posing a threat to this safety should envisage a swift and effective response. It is the task of the criminal justice system to provide such a response, which includes punishing offenders and reducing recidivism
Crime in the UAE is associated with different factors among them age and the economic status of the country. It is argued that the higher the poverty level the more the crime rate in an economy. Age also contributes in that many of the known criminals either start their crime as adolescents or a high number of criminals is the young adults.
The major problems in the area identified are high turnover rates, poor customer satisfaction, and low productivity. Further, relevant studies on the impact of legislative change on the economic performance of the organization, are reflected in how they are helpful in finding solutions to the problems identified.
The implication of possessing a separate legal personality is that a corporation is a legal entity on its own that is separate and distinct from its directors, officers, and shareholders. Thus, by the fiction of law, a corporation operates like it is a person by owning properties, going to court to sue, and entering into contracts, amongst others.
The company approached a promotion company for the services of advertising their products for a period of six months the payments were agreed upon and pried services affected the payment. The company was to print promotional coupons that will help increase their sales as well as help the customers to win a grand prize of a car from the BMW Company.
The information has to be gathered from a variety of sources to avoid instances of prejudice. The information collected has to be analyzed in order to create a logical scenario. The interviewer has to create a clear distinction between the facts he or she thinks he knows from the ones he or is not sure about.
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The effects of entry of drugs into the country have very bad effects on society. Drug trafficking increases instances of drug abuse in society. This, in turn, leads to moral decay, health problems, and violence among other negative effects associated with the vice. Fundamentally, illegal drug trafficking is related to security problems (Justine, 2005).
Evidence that the Contract between Printco and Worldnews is in a proper form is shown by the presence of a clause to arbitrate any dispute in the contract using New York law. This clause shows that the contract is in written form. Therefore, with all the elements of a contract present, the contract between Printco and WorldNews is legally binding.
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Given the mandate to review the sense of privacy in 2006, the Australian Law Reform Commission divided privacy into various related concepts, namely: bodily privacy, information privacy, territorial privacy, and privacy of communication. Further, it pointed out the uncertainty concerning the existence of the tort of intrusion in Australian law.
HSWA Act 1974 is the general duty of care and requires that: “It shall be the duty of each employer to make sure, so far as is logically feasible, the health and safety, in addition to welfare at work, of all his employees” (whsmconsultants /WHSM- Requirements. N.p, n.d. Web. 24 May 2013<http://whsmconsultants.com/?page_id=179>.)
The report will not only help the Pried Services but also the companies that experience the same legal problems and issues. This is to help the business fraternity realize their position in their dealings, so as not to do things incorrectly. The paper tests and explains different aspects of law and how the law in general is organized.
The problems defined in the Intervention included allegations of extensive child neglect and sexual abuse as well as violence meted out on women. The “Little Children are Sacred” showed that Aboriginal Australians could live some 20 years less than non-indigenous Australians due to higher suicide rates, crime and incarceration rates, and unemployment.
The paper “The Principle of Law, and Terms of Contract, Four-Step Approach in Legal Problem of Chicken Galore” is a fascinating example of a case study on the law. In the world of international laws and business, many directors and businessmen have to face and or deal with transactions and contracts most of the time.