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Consequently, the parties to a contract cannot deviate from the contractual terms. As such doctrine of frustration enables the parties to deal with situations, which make the agreement illegal, extremely difficult to perform, or commercially invalid, due to events that transpire after the conclusion of the contract.
Secondly, there has been a widespread doctrine of the sovereignty of the parliament over a long period of time (Bogdanor et. al, 2010, p. 499). One of the most prominent and imperative themes which have dominated diverse discourse in the UK political set-up is the lack of a codified constitution, as well as the international uniqueness of this position.
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MGM Grand Hotel is one of the hotels to experience a high number of fire fatalities in America. The incident at the hotel occurred on November 2, 1980 killing both guests and hotel employees. The number of fatalities was 85 while 700 people were injured (National Fire Protection Association, 2008, p. 4).
It is the duty of employers to protect their employees from any harm while at their place of work. While some incidences may happen as accidents, all the measures are supposed to be taken by the management to ensure that even with the accidents, the workers are safe. With reference to the case in point, the management of Fresha Bakery did not play its part in protecting the two workers.
In the case of Adams v. United States Airlines, Inc 578 F. Supp. 26 (1983), Billy sterling Adams, the plaintiff brought an action against his former employer; United Airlines Inc. Adams was the plaintiff who bought an action against United Airlines, the defendant after his dismissal from the company.
Patrick Dalton, Plaintiff-appellant, v. Delta Airlines, Inc., a Delaware Corporation, Duly authorized to Transact Business in the State of Florida, Defendant-appellee is an air carrier negligence case. In the case, Delta Airlines had been sued for negligence that led to the death of the greyhound racing dogs it was transporting for the defendant.
It ensures that employees, as well as the public, are protected from work activities. In addition, companies need to ensure safety measures are put in place to ensure that cases such as accidents are easily detected and emergency actions are taken such as sounding of alarms while facilities such as first aid equipment should be availed to ensure any accidents are mitigated immediately and victims assisted.
The practice has supported the investigation process through the provision of evidence against criminal activities. Many police departments have been utilizing the approach essentially in terms of undercover police. The expansion of covert human intelligence could not grow in an environment without guidelines and regulations.
Security of those working and receiving treatment in a hospital has been a major concern of the government as physical assault, abuse, violence, and other abusive behavior threaten their well-being. However, ensuring security for this large and diverse workplace is somewhat difficult and requires high standards of professionalism.
Punishable and illegal crime defines the violation of any rule that is of the administrative, criminal, or fiscal form of liability, especially on the part of agents of a given state or even practice of any wrongdoing. This could also include any notoriously harmful effects to self, or other parties provided for in the criminal law.
This analysis will critically lay a broad background of the evolution of surveillance and informers, and detail theoretical bases that chronicled the evolution of policing at different times and contexts. The paper will discuss the different types of informants and covert surveillance, and explain the changes that have occurred in the practices.
The aspects of the paper are focused on are the possible defense strategies and lastly how the defendants will try to prosecution may claim legal rights. The information is intended to supplement findings of other quantities analysis of this case study and to provide guidance to the authorities and affected victims.
The fundamental objective relayed by the health and safety Act is the provision that each and every employee has a duty to ensure that the place of work is safe. This implies that the employer has to have the welfare of the employees in mind and ensure that their health is not at any risk whatsoever.
For longer than recorded history, the human race continues to live with environmental issues as of major concern. Combining the characteristics of environmental pollution as rapid and devastating effects together with the varied intensities of the evolution of increased industrialization and use of burnt fuel, the situation is so demanding.
In the event that a company fails to ensure that the correct measures are taken into considerations, various costs are incurred by the organization (Day et al., 2003, p. 19). Legal costs: all companies and organizations established in the United Kingdom are required by law to meet certain standards that will enable them to ensure the safety of the employees and the environment.
PRINCE2 is a wide-ranging project management technique that can be used to manage diverse varieties of projects and projects of various dimensions. It is complete in its way however supple in deployment. The technique presents a controlled technique to administer the commencement, closing, and development of a project.
Engineering project management involves some processes and activities from the start until the end of a project, some of the methods applied or rather used in order to facilitate a systematic and easy approach in terms of work, time, and financial management among other keys aspects included in a project (Hodgson, 2003).
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Fire safety policy statement will be an inclusive statement that seeks to detail what the Fire Safety Order (2005) defines as the responsibility of a “responsible person.” Everybody while determining fire safety plans for the University of Central Lancashire, will be expected to be in charge of a given responsibility in accordance with articles 8 to 22 of the Fire Safety Order (2005).
The significance of a Fire Safety Management Plan cannot be emphasized completely. Recent decisions from civil courts related to fire have placed responsibility on building owners for failing to comply with existing Fire Safety Management Plans. These consequences far exceed the cost of developing and maintaining a plan.
By the statement from the vice-chancellor of, the University of Central Lancashire every individual has a responsibility to ensure fire safety in the compound. This has been in accordance with articles 8 to 22 of the Fire Safety Order. This is also supported by BS 9999 which provides for a given degree of responsibility when designing fire safety.
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The WTO dispute settlement system is the body’s enforcement mechanism. It is triggered when a member state disputes a trade policy or measure of another for violating a WTO rule or rules or for failing to meet an obligation or when a group of third-party states declares that it has a collective interest against a member state.
The situation was complicated by the fact that the required repair involved the workers collecting some broken parts throughout the entire length of the conveyer belt, which moves the baking bread over a distance of 75 feet. This involved the clearing of the fallen debris to create room for their restricted movement along a forward-only belt.
This Act also ensures the control of the environment and nature. The Act ensures the protection of those under the watch of the employer; including visitors, customers, and contractors among others. It gives authorities the mandate to review the conditions of employees and the company. However, this Act gives the mandate to conduct regular employee checkups.
In this case, two bakery workers died in agony after their bosses sent them into a giant oven to carry out repairs on the cheap a Court heard. Fresh Bakery and Harvest Time Ltd (Fresha’s trading arm) now face charges under the Health and Safety at Work Act. Fresha staffs involved are Managing Director John Bridson, Production Director Brian Jones, and Chief Engineer Denis Masters.
In accordance with the regulatory Policy University of Central Lancashire has a mechanism that ensures safety-related activities and responsibilities assigned to individuals at designated areas. Just like it is stated in articles 8 to 22 of the Fire Safety Order (2005), the duties of the responsible person will protect employees, visitors, students, or any other individual who might be a victim within the premise.
Annual evacuation drills should be carried out in order to get the workers and students ready for such an emergency should it occur. All evacuation drills must be documented and the records kept by the safety, health, and environmental manager. The evacuation plan should always be conspicuously displayed to allow the residents to be familiar with all procedures therein.
It is important to note that UK safety legislation applies to all non-residential premises and incorporates almost all types of structures, buildings, and open space not excluding media factories for that reason. Media factories should focus on providing and maintaining buildings, fire safety types of equipment, and proper procedures so that in case of a fire emergency; occupants are able to come out safely.
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The technology of cloud computing is at its development stage as far as its implementation and usage are concerned. This is caused by the heavy advancement in the technology that constitutes cloud computing. The concept of cloud computing emerges from the desire of information technologists to incorporate new content into information processing
The world is increasingly becoming a “surveillance society” as new technology enables surveillance techniques that can monitor people’s movement and behavior. Information technology in the criminal justice system for instance increased the effectiveness of law enforcement through surveillance and other forms of high-technology data gathering.
Closed-circuit television (CCTV) cameras are utilized to record and monitor images of events as they occur in real time and in different locations (Adams 1996, pp. 24-28). The images from the different cameras are then collected from various central positions and stored as digital information on tapes or on DVDs.
Statistics show that around 4.2 million closed-circuit televisions are in operation in the UK. These make up 1 CCTV for every 14 people. In the United States of America, 26 million CCTV cameras are believed to be in operation. (Davies p. J. et al, 2006)Worldwide, there is a continued rise in the installation of CCTV as a surveillance tool.
The next level is to discuss the challenges of a noneffective CHIS practice followed by a critical evaluation of these challenges and the remedies. It will then take a particular position whereby it will agree that covert human information sources are effective as sources of intelligence in investigations.
The use of covert human sources precipitates controversial debates in social circles and in particular, the realm of intelligence gathering. Dupont (2002) explains that a covert human information source is normally a human source providing secret reporting on a subject of investigation. This can be in the form of an informer or an informant.
In the commercial sale of goods contracts there arise situations where the seller may need to repossess his goods if the buyer defaults on payment. Under English law, businesses are free to make the sale of goods contract and include any terms they may deem necessary as long as those terms are within the confines of the law.
The client suggested business includes the sale of dairy products with both sit-in and sit-out services. The primary products to be sold are packed and re-packed milk, yogurt, butter, Ice cream, and other products for special demands. Some of the other products include chocolate, bread, soups, cakes, and muesli bars.
According to the facts and patterns of the contract, the contract is valid and enforceable. John's negotiations to build a house extension for Chen are demonstrated. The condition for John to finish the building by the set time was reached. The background facts established between them involve an incomplete contract.
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In the United Kingdom, the fire service department has the role of taking care of fire incidents in the UK. The UK fire service values fitness for firefighters to a very large extent. During recruitment, fitness is considered a very important factor and those seeking to join the fire department must pass the set tests for fitness.
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This form of business has become common in China and is the entry strategy of choice for many foreign companies wishing to explore the Chinese market. Since China joined the World Trade Organization, it has drastically relaxed its legal barriers so as to encourage open competition from foreign firms.
The report highlights the challenges facing personal privacy and ways of overcoming such challenges. These challenges may be faced over the internet or on the ground when an individual is interacting with others or is in his own activities. These challenges come because of the improvement in technology.
Normally, intellectual property rights are intangible rights. There are two general categories of intellectual property rights and they include “hard” intellectual property rights which consist of patents, trademarks, and copyrights, and “soft” intellectual property rights which include confidential information, trade secrets, and knowledge.
The law on copyright provides the author or rights holder with several remedies against people who infringe and these include administrative sanctions, precautionary measures, criminal penalties and civil redress. According to article 34, the author or the successor has the right to request the court’s head to take defensive measures against copyright infringers.
Generally, the importance of selection as a human resource function is founded on the performance as well as the production value that a particular firm is bound to get from good hires and the high costs which are bound to be incurred in the replacement of employees following bad hires (Kokemuller, 1).
An offer is a promise made by an “offeror” that is capable of becoming binding upon being accepted by the “Offeree”. It can take the form of an act or maybe in the form of an oral or a written statement(Burton 2009, P. 46). For an act or statement to be considered as an offer it must be proven that the offeror was willing to be bound by the terms as was held in Harvey V. Farcey (1893) AC 552.
Most contracts allow either party to terminate the contract without cause. This termination can take numerous forms for instance in one form it may provide for the annihilation of a contract at will, on notice, or upon a definite eventuality. The corporation's Act doesn’t oblige the party that cancels the contract to give reasons for it.
Careful fire assessment plans, compliance with various legislations and laws on fire safety, development of well-planned & engineered fire situations prevention measures, and proper response measures by trained personnel on fire management play an important role in reducing the risk and potential damage caused by fire (Allan, 2009).
Initially, John agrees to build an extension to Chen’s house, and at that time the two parties enter an agreement. Since the prices of the building materials were changing every week, determining the exact cost of the extension by the completion of the construction period was somewhat difficult because of the weekly increasing cost of materials.
It is an apparent fact that peace and security were deeply in the minds of the world leaders who assembled in San Francisco in 1945 to create the United Nations (Gupta, 2008, p. 1). As matter of fact, the first line in the preamble of the UN charter outlines the necessity to protect ‘the succeeding generations from the scourges of war’ (Charter of the United Nations, 1945, p. 1).
Companies Act 2006 is the law that regulates corporations. Companies are also regulated by the corporate governance code, the Insolvency Act 1986, Court cases, and European Union Directives. Considering all the laws governing these organizations, companies are legal bodies that run and organize businesses.
Concepts keep springing over happenings that have taken place since the signing of The Rome Treaty in 957 up to the signing of The Lisbon Treaty in 2007. The debate centers around the roles that state governments ought to play in the union and whether there is a possibility of complete loss of sovereignty.
Its primary mechanism of dealing with an offense includes the punishment of those who violate the laws. The case study ‘Bread Factory Horror’ was a reckless undertaking involving involuntary manslaughter, a category of fatal offense. An aspect of criminal law breached in this case includes a guilty act accomplished by an omission to act.