Unfair dismissal establishes the main component of current employment law, contributing more realistic solutions than provided by the common law for majority of employees1. An early victory in this field was its consequences in setting a
Remedies for misrepresentation depend on the type of misrepresentation made. In a typical case of misrepresentation, the innocent party will be at liberty to rescind the contract and/or seek damages. In the case of discussion, it is obvious that the statement made by Jennifer to Hassan in respect to the garage’s profit was false.
In the first instance, I’ll describe the organization, the British Retail consortium and explain the role of the organization and my role as the representative of the organization. I’ll also claim on my own expertise and the organization’s expertise and would provide a response to the draft policy guidelines as part of the consultation.
The major issue that arises in the case of both Derek and Sonia is the question of equal pay for equal work, which is mandated by Article 141 of the EC Treaty. However, before this aspect can be assessed, it must be determined whether they first qualify as “workers”. A general definition of worker has been set out in Lowrie Blum.
With regard to the proceeds of the sale of microwave (in the event that Micro-Maker has not yet been paid by Lacey), Micro-Maker will have rights to the proceeds under a registrable charge only if registered. Even if this charge is registered, the claim in respect of the proceeds will not be as a priority creditor.
Rather than providing the USA and other countries with the elimination of undesirable drugs as was anticipated, the war on drugs has instead served to heighten violence, contribute to the development of organized crime, fill the prison system past capacity, consume large amounts of capital and has still had very little effect on the availability.
The Judicature Act 1873, had the effect of abolishing the old court system replacing them with a single system which had a dual purpose. That purpose was the administration of both principles of equity and common law. ‘The Act created the Supreme Court of Judicature, which consisted of the High Court of Justice, the Crown Court.
The developed world always has a positive outlook towards protecting intellectual property for a long time back. On one hand, where the safeguard of IP rights brings benefits like enhancing innovative culture, profitability, and financial up-gradation for mostly the developed countries it also accompanies drawbacks for the less developed countries.
Generally speaking, an offer must contain a definitive promise providing the other party with an unambiguous option to accept or decline the offer. Consideration is also an essential element of contract creation and enforceability. Once offer and acceptance are found to exist, the courts will then look to determine whether or not there is a consideration.
In those areas where the community shares power with the member States, the principle of subsidiarity operates to require that Community law should operate only when the desired goal can be achieved with better efficiency by the Community.
The “EEC Treaty.....was conceived as an international agreement, and only later came to be viewed as a constitutional document.” However, as pointed out by D. Anderson, the judicial activism of the European Court of Justice has “appoints the European Court as meeting place between the legal order of the Community and those of its member states.”
The author accentuates: My research looked at the relationships of the parties concerned to analyze what relationships existed at the time of making the contract and what relationships continued to exist after the assignment of the lease and the assignment of the reversion. I explained the privity of contract and estate.
Nobody can complain of the jostling which is inevitable from his presence in, for example, a supermarket, an underground station or a busy street; nor can a person who attends a party complain if his hand is seized in friendship, or even if his back is (within reason) slapped.’ Likewise, the law relating to consent should be revised to reflect Lord Goff’s position as well.
It is to determine the constitutionality of a ruling rather than the determination of innocence or guilt, or the legality of an issue. It is thus of extreme importance that a Supreme court judge be thoroughly cognizant of the US Constitution and to be able to set aside ideologies whether social, political or cultural.
I have therefore researched and reported on the following issues:- The criteria for full small company tax relief under Section 13 of ICTA.- What constitutes associated companies for tax purposes under Section 13 of ICTA.- Whether or not an associated company is required to share tax rates when one of the associated companies has not been engaging in active trade for a number of years.
This study has been handicapped by the fact that Occupier’s Liability is one area of jurisprudence which may be affected by various changes and amendments over time, including the fact that Court decisions on these issues would depend upon the case-to-case basis which may be of contradictory nature.
Under the government framework of the United Kingdom, there are agencies denominated as non-departmental bodies. There are three types. An executive body is one that undertakes a good number of tasks involving its own operations and regulations in connection with its defined powers and authorities. It also deals with commercial and semi-commercial transactions.
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Discussion of equality in the UK has been ongoing, covering numerous areas of concern as they arise. In 2006 The Equality Act was passed as a first step toward further legislation designed to combine all equality legislation of Great Britain in a concerted effort to protect the employment rights of people across the racial, ethnic, gender and class spectrum.
The concept of Parliament Sovereignty had long been seen from the classical point of view of Albert Venn Dicey, who is deemed to be the greatest British and constitutional jurist, in which the Parliament is considered to be the receptacle of the most supreme authority in legislation. This supremacy entails the power to make laws, change laws and abolish laws.
No one wants to admit wrongdoing. A mistake is a blemish on an entity’s image. People in the office were put there by a trusting public. When they make wrongful convictions, it’s a double injustice because not only does the innocent person go to jail, but the real perpetrator is out there to possibly commit more crimes and victimize more individuals.
Whatever the recommendation has been provided, it will bring Pareto improvement in the system. At first, it is important to know what Pareto improvement is. It indicates that an economical action taken should be such that no one will be affected but at least one person will be got benefited from the improvement.
The increasing difficulty of prosecuting under the Act and its failures to address the continuous developments in technology led to criticisms of its ability to address the increasing reality of cybercriminal activity. An attempt to address these problems in the Act was implemented in controversial amendments, which came into force in October 2008 through the Police and Criminal Justice Act 2006.
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Capital punishment is a controversial issue that includes religious, ethical and psychological considerations. The concept and practices of punishment had been evolved to prevent future crimes by warning criminals in a fearful manner. The death penalty is considered as capital punishment because after complete legal judgmental procedures a culprit is put to death.
Freedom to navigate is an international policy that envisages liberty in the oceans and disapproves of any hostility or war in the ocean. The policy was first contained in the high seas convention of 1958 that assured high seas freedom to navigate, fish, laying of submarine cables and pipelines within the oceans. It then with another convention of 1960 got a replacement with Sea Treaty law.
Supranationalism is intimately associated with the inter-governmental vs. neo-functionalism debate. Intergovernmentalists contend that the process of EU integration is a consequence of tough bargaining between states. In contrast, neo-functionalism contends that the supranational institutions themselves have been a source of the impetus behind integration.
The loophole in the law concerns situations where a home is purchased and no agreement is made as to the respective shares in the event of termination of the relationship. The courts have wide discretion to redistribute the assets of married couples without having to take into account beneficial ownership.
The advent of the internet in the 1990s has revolutionized our society. The advances in internet use brought in its wagon a lot of issues like privacy, security, and ethical. This made the extension of information technology laws to the internet. Problems of Data Protection, Intellectual Property Rights, and Crime on the internet started rising.
Scotland maintains its own separate court system, but still functions along the lines of a unified legal system within the U.K, where the legal advocacy system was first split into Solicitors and Barristers in the nineteenth century, when the Bar agreed to concede the administrative aspects of the profession as embodied in conveyancing and direct client access to the solicitors.
At the time of her admission, she has executed an Advance Care Directive, including a Do Not Resuscitate Order, in consultation with her physician. Subsequently, the board of the retirement home has changed its’ policy and made it mandatory for cardiopulmonary resuscitation to be performed on all patients, irrespective of their wishes.
The Green Paper discussed above shows that the EU Commission’s paper Towards a Europe free from Tobacco Smoke: Policy Options at EU Level states the legal framework on Environmental Tobacco Smoke exposure and its relation to health considerations is a major contributory factor to cancers on people who do not smoke.
Doctor Green has received your letter before action and has started to collect evidence that he in fact complied with recognized medical practice in his treatment of Charles’ condition. Prepare brief note on the court’s approach to the determination of the standard of care expected of a doctor or surgeon.
The frustration of purpose as an element of the doctrine of frustration is a rarely applied factor albeit there are some cases where it is employed. As was previously discussed in Davis and in some of the coronation cases, the Court is not inclined to use this excuse to let a contractee escape from his obligation but in some of the cases.
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Right from the various researchers of domestic violence to the National Coalition Against Domestic Violence (NCADV), an organization recognized as the national voice in the US for the organizations against domestic violence, the feminist ideology is evident. It makes them blind to the wider scope and impact of domestic violence.
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A felony has also to be distinguished from misdemeanor, in that misdemeanor results when a criminal is incarcerated for a period not exceeding one year. Moreover, felony cases have both direct and indirect consequences. Direct consequences are those, which
Thus, the House of Lords can depart from the previous decisions as well as the precedents that have been set previously, if it wishes to in circumstances where the precedents are either out of date or erroneous. This
wever, SMEs have far more difficulties accessing capital than larger businesses.2 Berger and Udell argue that in all cases, SME financing is impacted by government policies and domestic financial constructs and lending policies.3 For the most part, these policies are a result
Three important developments in the framework of law, policy and practice will shape the use of prisons and alternatives to prisons in the future. “First, the Criminal Justice Act 2003 contains measures such as Custody Minus, Custody Plus and Intermittent Custody, which if used properly could provide alternative options for courts”.
Landowners have more convenient access and an unimpeachable stake to their property. Buyers know more about their purchase in advance of a contract. Tenants have an open book to prices charged to others in the same general location. The open-book, efficient, streamlined title service and property definitions make the system more trustworthy.
The need for co-operation and mutual development has to lead the countries of the international community to create a legislative net. At the next level, the bodies that were created to handle these provisions and to supervise their application faced the problem of the absence of a suitable legal environment that could guarantee and protect their operation.
In view of all the above factors, it appears that Ruth has a good case to approach the Tribunal on a case of indirect sex discrimination and harassment. Therefore, she may submit a grievance letter and the Council must objectively justify its decision with some solid proof. It is perhaps advisable for the Council to try and resolve the matter with Ruth instead.
In the trial of Bruno Hauptmann for the kidnapping and murder of the Lindbergh baby, there were several unresolved questions which remained unaddressed8 however the advocacy skills of the prosecution in manipulating the witnesses and appealing to the emotions of the jury by focusing on the horrors of a little child’s death resulted in a conviction.
In Anns v Merton London Borough Council the test for the duty of care was held to contain three primary functions. The first was to determine the remoteness of damage. Secondly, the relationship between the parties must be of sufficient proximity to imposing a duty of care. Thirdly, the imposition of a duty of care must be fair and just.
Any attempts by either party to prevent the performance of the contract would be classed as a breach of the contract. The doctrine of anticipatory breach centers on a party either renouncing the contract before performance is due or disabling himself from performing the contract before it is due to be performed.
If words are included in the purchase of the property stating that the parties will have separate shares then severance is established. Where it is stated that the property is to be held in equal shares then severance can be presumed. A tenancy in common would allow the parties to sell their shares in the property individually.