Our website is a unique platform where students can share their papers in a matter of giving an example of the work to be done. If you find papers
matching your topic, you may use them only as an example of work. This is 100% legal. You may not submit downloaded papers as your own, that is cheating. Also you
should remember, that this work was alredy submitted once by a student who originally wrote it.
The major aim of SPV is merely to execute the transactions, for which they were developed, and they do not make substantive decisions; the rules guiding them are established prior and keenly define their activities. In fact, there is no single person working at an SPV and it doesn’t have a location that is physical.
Kosmo can sue Gerry for negligence and recover damages. According to Miller (2012, p. 579) professionals can be held liable for negligence under the common law in the performance of their services. The professional must owe the plaintiff a duty of care which must have been breached thus causing the plaintiff to suffer injuries.
Preview sample
sponsored ads
Hire a pro to write a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Terrorism entails acts and threats that are projected and planned to push political, religious, missions, and objectives by using force and intimidation against governments and the public by inflicting severe damage and destruction to property and people. Currently, terrorism is a modern-day challenge that threatens to destroy the human race.
More often than not, they are held in detention camps for prolonged amounts of time, they are exposed to deplorable housing and living conditions and they are not able to access legal counsel, medical care such as counseling, and access to basic essentials such as nutritious food, clean water, shelter, education and clothing (Smith, 2008).
It can be concluded that Arbitral proceedings are essentially governed by the principle of lex arbitri which refers to the law of the place of arbitration. Sometimes lex arbitri can also be referred to as the procedural or crucial law. Lex arbitri is mostly a procedural law but it also has some substantive elements.
Islamic financing mode has been boosted by Sukuk as they are crucial drivers in raising finances. Sukuk’s market growth has been driven by the increasing demand as well as the standardizing the Islamic tools for finances. It is expected that the Sukuk markets will hit more than US$ 210bn as we approach mid-2011.
It is worth noting here that international transaction happens when more than one country is involved. International commercial law is defined as the body consisting of laws governing international transactions. As business conducted between the different nations as well as companies from different nations continue to rise.
In most cases, globalization is viewed in economic terms and is thus considered the assimilation of national economies into an international economy through capital flows, foreign investments, military presence, and technology. On the other hand, urbanization can be considered as the physical growth of urban regions due to global change.
Regional integration offers new and increasing prospects for Africa’s scientific and technological development. If well organized and used, integration could provide the basis for developing and sharing infrastructure for research and development, and for mobilizing and using scarce expertise and financial resources.
Contemporary societies and global economies have seen their fair share of successes and challenges. The issue of refugees remains fresh in contemporary societies as more and more people are, driven out of their homes by wars, natural calamities, famine, environmental causes, persecution, and diseases due to political dissonance.
George was able to see Malcolm’s two pets, and thereafter they discussed the rates of taking care of the two pets. In the conversation, Malcolm mentioned he was going to present the rabbit at a show in Melbourne where the winner will walk away with 10,000 dollars. George told Malcolm he was able to take care of the two pets and even quoted the rate of taking care of the pets at $100 per day (700 dollars per week).
The legality of the matter is put under immense scrutiny since ambiguity can bar sound judgment. In that case, it is established that a meeting of minds is only proven whenever there is an offer made by an offeror to an offeree and that the offeree accepted the offer at hand: Garlic v Carbolic Smoke Ball Co[1893],335.
Besides the expressed terms, an express contract may contain additional terms that are implied; transforming it into a partly implied and a partly expressed contract. Both the expression of the terms and the existence of a contract must be entrenched in the intention of the parties as expressed in their words or actions.
The human mind is capable of devising constructive and destructive ideas. Through devising destructive ideas, crimes are committed. Crime refers to the violation and contravening of set norms, regulations, and guidelines in a society, for which laid down legal structures and frameworks are, established to offer a conviction.
One of the common law’s great contributions to contemporary justice is to limit criminal punishment to morally blameworthy individuals who consciously choose to cause or create a risk of harm or injury. Such persons are punished based on the harm caused by their decision to commit a criminal act rather than because they are bad or evil people.
Legal opinions in international transactions determine issues in the transactions at hand, that are governed by foreign law and which are governed by the law of the home country of the corporation. The opinion of the counsel precedes the closing of the transaction. The written opinion is, therefore, referred to as a ‘Legal Opinion Letter.’
A brief summary of the present environment of the UK banking and financial sector is given to provide the context for the regulatory issues identified by the ICB report. The issues are individually studied. The recommendations of the ICB for reforming banking regulation are assessed, and possible alternatives to those recommendations are described.
In Africa, the high rate of crime is blamed on the high rate of unemployment and the availability of cheap drugs like bang and illicit brews. In America (South and North America) the high rate of crime has been blamed on illegal drugs that are channeled through the continent on the way to other parts of the world.
The EU is also the most important case among the regional trading agreements of policies aimed at the promotion of competition because of the deep integration in the area, which includes competition law and other policies that have an impact on competition, and because of the large number of countries now involved in these policies.
A court is usually faced with two choices when it receives a challenge against the power of jurisdiction or the validity of an arbitration agreement from one of the parties whose case was mediated by an Arbitral Tribunal: either to suspect that the challenge is spurious and therefore start from the viewpoint that the matter should be reviewed.
Cornell points out how the taxpayers have been unknowingly backing up a residual deposit from very risky market speculation, and the business of banking investments. The article provides bankers' explanations and reasons for doing what they do and the government's say on this issue through Philip Lowe who is the deputy governor of the Reserve Bank.
Corporate governance is a critical issue the world over. Frustrations have characterized the performance of publicly traded corporations for decades, making interventions necessary to ensure smooth operations in corporations. Since the turn of the millennium, a flurry of unpleasant events has featured the performance of corporations.
Electronic commerce is a feature of the globalized world, with applications in many areas. International conventions, treaties, and trade practices govern the issues relating to electronic commerce. In the UK, the government enacted the Electronic Communications Act 2000, which was the first piece of legislation to promote electronic commerce.
Moreover, this paper will discuss the agreements on agriculture in a bid to determine the extent to which agriculture has been liberalized. In addition, this paper will explore the rationale of safeguards under the WTO and GATT laws and give a discussion of why these means of protection are not used frequently.
During the Middle Ages, judges wishing to spare deserving offenders from commonly used punishments such as torture, mutilation, and death used their power to grant clemency and stays of execution, the common law practice of judicial reprieve allowed judges to suspend punishment so that convicted offenders could seeks a pardon.
One of the sectors that get affected is policing, and the government often looks at various aspects of the policing budget wherein substantial cuts could be made. There are certain segments within the police department that are very essential for maintaining national security, community welfare, and safeguarding the nation from terrorist threats.
Similarly, the duty of the buyer is to take reasonable steps to take the delivered goods and pay on time. CISG ensures that the goods delivered are of the right quantity, quality, and description as stated in the contract. The sellers are to ensure that they deliver goods that are not subject to the claim of the third party.
The continuous opening up of international markets has necessitated the infiltration of investors into foreign markets. This has in most cases translated into these foreigners forming partnerships with the host country investors. Such partnerships are always vulnerable to disputes that require legal instruments for their resolution.
Crime prevention refers to the effort to reduce victimization and deter criminals and criminal activities. The term is specifically applied to efforts made by government authorities to reduce crime, maintain criminal justice, and enforce the law. Crime prevention involves any policy or initiative that eliminates or reduces the cumulative level of victimization or the risk of individual participation in the crime.
Transformational approaches facilitate the development of a vision, a clear view of the future and the ability to excite and convert many potential followers. Transformational leaders tend to have a clear vision of how their organizations should be in the future. However, being transformational entails more than just having a vision.
The paper has analyzed the National Motor Vehicle Theft Taskforce of 1996 and its recommendations as some of the measures which can be used in deterring car theft crimes. Some of the other strategies include the government responses, insurance and automotive/private industries partnership to combating this crime, and the Four Es strategy including enforcement of laws, engineering, education, and encouragement.
A business strategy is usually employed as the foundation for designing the plan in order to offer an analytical look. The plan is not usually intended to act as a log of each change of personnel that occurs throughout the year but as a means of ensuring enough and appropriate human forces is available.
In this stage of the overwhelming profusion of criminal acts, it may appear surprising to discover that not entirely all crimes and criminals across the country are treated in the same manner. In fact, different survey shows that there is a likelihood for certain crimes and criminals to be overlooked, usually, these being crimes of the powerful.
According to Higgins (1997) motor vehicle crime involves the stealing of or from motor vehicles and involves the acquisition of a motor vehicle without the owner’s consent. In Australia, motor vehicle crimes are on the increase; motor vehicle crime leads when this vice is compared with other crimes in North Brisbane.
The issue of knife crime has dominated both the British media and political institutions alike. The problem is mainly concentrated in city areas, especially in London. The knife crime ‘epidemic’, as it came to be known, is a representation of how the British government has been dealing with youth justice issues.
12 pages (3624 words)
, Download 0
, Research Paper
Free
Many women have become the target of criminals owing to their inability to defend themselves, a factor that has instilled fear in them. Men on the other hand are in a position to defend themselves and their main fear has been losing their material wealth to criminals. Though men experience crime incidences as women do, the impact such crimes have on women has been found to be long-lasting.
Generally, when we examine the business that James and Matthew run, we recognize that their business is a partnership. Their intention to run a company between them and their cousin as shareholders is a wise move. The legal issue of the benefits of a company is contained in the Corporations Act and ASIC.
The issue of a directive by the European Union Council to amend the existing laws of working hours can be considered as part of the amendment of the constitution of the European Union. The bodies which are authorized to make amendments to the constitution include the European Union Parliament, the European Union council and the European Union Commission.
The enforcement of foreign arbitral awards in Kuwait is secured by the bilateral treaties and/or the multilateral conventions with the single exception to deny the enforcement of the foreign arbitration awards done only on the grounds provided for by the treaty or the convention. An arbitral award is usually given the same validity as a decision made by the courts in Kuwait, but they also need to be supported by the courts in Kuwait.
Knife carrying is justified by the carriers as a means of protection or enhanced status. At the end of 2007, selling a knife, an imitation gun, or an air rifle to any person less than eighteen years old was made illegal. An amount of £ 5 million was set apart for identifying ‘knife hot spots’ by the use of electronic metal detectors and giving the police new powers to stop and search, in the year 2008.
12 pages (3284 words)
, Download 0
, Research Paper
Free
A large number of women fear being attacked at night and hence avoid it. This difference has resulted from the fact that women are more vulnerable to crimes that have a great impact on personality development and have less knowledge of defense mechanisms than their male counterparts. Past research indicates that women who have experienced crimes such as rape form the highest number of those that fear walking at night.
Under Section 15 of the Disability Discrimination Act 1992, “it is unlawful for an employer acting or purporting to act on behalf of an employer to discriminate against a person on the ground of the person’s disability”. Based on this statute, both Bob and Stan contravened this law by creating bottle-necks during the recruitment process of workers at their hotel.
It is essential to state that in this case, Malcolm made an offer to Georgia and she accepted the offer. However, during the signing of the contract agreement that Georgia sent Malcolm, there was no concurrence of wills because Malcolm did not even read the contract details and signed it while in a hurry.
The right to shelter is a basic human right and its depravity is considered a violation of basic human rights. In the UK, homelessness is perceived as crucial to the nation’s economic development whereby the UK economic plan addresses the issue of providing affordable homes to the majority of the nation’s population.
Generally speaking, having looked at the fact of the case it can be established there are a number of pre-contractual issues that may influence any legal action you decide to take against Fred. The first issue would be whether the agreement with your father was intended to create legal relations or not.
Browne has rights to use the products that are included in the land, herein referred to as fructus naturales such as grass and soil. Browne has limited rights when it comes to the production of annual crops that require modification of the land, herein referred to as fructus Industriales (Fisher & Martin, 1994).
13 pages (4636 words)
, Download 0
, Research Proposal
Free
International commercial arbitration is the process of resolving business disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts. It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement.
This section looks into the difference between a balance sheet test and a cash flow test. This is in order to commence a corporate insolvency case. It is also important to look into the more accurately in determining whether or not a company is insolvent or not. It is also mandatory to understand how the tests work and which test is better than the other.
Intellectual property protection is generally seen as something positive. Certainly, if you are the inventor or creator of a piece of work that generates millions of dollars for you and your family or your community, you do not want to lose that opportunity to benefit from your creativity or ingenuity.