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It is evident that India as a country has emerged to be a very powerful driving force in today's global economy revitalization. Further, a lot of opportunities abound despite the emerging complex web of ever-changing regulations and laws on business operations within the country. It is evident that increasingly complicated strategies for Indian practicing business law seem impenetrable to even most domestic and hardened foreign investors.
The case, whose main judge was Lord Kerr, shows how sensitive these laws are, and how serious the consequences can be when an employer does not respect the time frames given for the dismissal of an employee from employment and the consequences an employee can suffer if he or she does not act on time to launch a claim for unfair dismissal from work (McMullen 2009).
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Juries presiding over such partnership cases have got various points from which they put into consideration in determining whether the matter at hand passes the test of being considered as a partnership case. In the Bill vs Ben case, the ultimate guiding proof would’ve been the presence of a formal agreement.
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Normally, contracts are written though they might be spoken or implied, and usually have to do with employment, sale, or tenancy. In order to form a legally binding contract, the following elements ought to be present; (i) an offer, (ii) acceptance of the offer, and (iii) valid- lawful and valuable- consideration as discussed below.
The case study in this assignment involves two parties, Georgia and Malcolm, who decided to enter into a contract. Malcolm was leaving his home and required to hire a home pet care and so he contacts Georgia to do the work. Georgia guarantees Malcolm of good and professional work during the time he is away.
This essay discusses the doctrine of self-defense from two sources of law, the UN Charter and customary international law. The scope of the essay is the UN Charter and customary international law. This paper will discuss the doctrine of self-defense from two sources, the UN Charter and customary international law.
In a partnership, it is easier to introduce a new person, because this person gets into the same level as the other partners, who have the right to bind or permit activities in the partnership (Klein, 2005). However, in a trust, it is different because the beneficiary or beneficiaries of the trust cannot act as agents to the trust.
‘In strict legal analysis, negligence means more than heedless or careless conduct, whether in omission or commission: it properly connotes the complex concept of duty, breach, and damage thereby suffered by the person to whom the duty was owing.’ (Lochgelly Iron and Coal Co v McMullan [1934] AC 1 at 25).
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The intended research will focus on the limitations of academic freedom in Oman. The research is premised on the fact that Arab countries, Oman included, offer little academic freedoms such that faculties and students are not at liberty to conduct the researches they would want to, as research in some fields perceived to be sensitive is restricted.
Although a number of guidelines may have been adopted for fire safety in industries and in places of residence, still there is a need for much more precaution. Some of these guidelines are basic; others are general while quite a number are specific to certain areas. The parameters should follow the universally accepted codes of conduct in order to reduce incidences and risks of fire disasters.
It is important to state that Dodds agreed to sell his property to Dickson for the sum of 800 pounds and promised that the offer is to be left over until Friday the 12th of June 1874, 9 o’clock for Mr. Dickson to determine whether to purchase or not as well as to refuse the property at the price 800 pounds.
In this case, we find that Dodds had an offer presented to Dickinson who had the interest to buy the property. The memorandum which was signed by both parties was merely intended to be an offer and not in any way was the memorandum binding meaning that Dickinson and Dodds had not yet entered an agreement.
As indicated by O.B.G. (2008, p.89), the UAE labor law No.8 of 1980 is a federal labor law that controls labor relations and related issues in all of UAE. Federal labor laws are meant to ensure fairness, safety, security, and fair wages for workers and occupational health for the labor force in work environments.
Generally, construction is among the oldest professions in human history. Building construction is a workplace with several risks involved. In the research, building construction activities were considered, and the construction site with different stages of building completion was used for data collection.
Managerialism is mainly concerned with the individual reforms that will be brought about by having the necessary training s and punishments that will help instill the policies that will advocate for more connection, coherence and efficiency in the public sector. Currently, the Local Government Association (LGA) is trying to analyze the impact of managerialism in the youth justice system.
For corporate objectives to be met on a global scale, transnational practitioners have to effectively comply with the various laws. The structure of international business transactions should be therefore designed in a manner that allows economic, business and socio-cultural issues to blend into the law for the interest of entrepreneurs worldwide to be met.
Under s6-5 the grant of $10m Servcorp property limited is to pay Prisoncorp that is to be used towards the cost of building the MFP constitutes ordinary income and thus is liable to be taxed. The money is inclusive of all the expenses that will be incurred toward the purchase of the proposed site for the construction of the MFP.
The most important characteristics of the U.S. legal system are its common law heritage and origins, the role of its written Constitution, and the federal state division of power. American laws are a reflection of the standards, expectations and values of society. They lay a foundation for the rules and regulations of the conduct of the people.
The company should be aware that it has minimal challenges of being approved and be sure that in case it doesn’t meet all legal requirements it will have no otherwise other than being disapproved. Therefore, to avoid this wrath, I would like Blissful Estates that it should put into consider the laws of the land to be approved.
Generally, the case of Mohamed et al. v. Jeppesen Dataplan, Inc. is a good illustration of how government or state matters should be handled. The issue which was presented in this case was whether the court of appeals can correctly affirm the lower court’s decision to dismiss cases at the pleading stage.
Libyans started to protest peacefully against Gaddafi’s regime but they were met with a heavy military force that caused hundreds of civilian casualties and deaths within a few days. International organizations such as the Arab League, the Organization of Islamic Conference (OIC), the African Union, and the United Nations (UN) condemned Gaddafi’s regime for responding to peaceful protestors with military force.
The agreements on trade aspects of intellectual property rights (TRIPS) have been in play since 1st January 1995. To date, it forms the most exhaustive multilateral agreement protecting intellectual property rights. TRIPS, an international agreement, is being administered by the World Trade Organization (WTO) and is binding to member states.
Intellectual property is described as that intangible asset that results from the innovativeness of mind-producing forms such as music, designs, trademarks, literature, copyrights, industrial products and so forth. Such productions which are creations of the mind develop economic and commercial interests which are protected by law and statutes both locally and internationally under intellectual property laws.
As indicated in the methodology section, efficiency in this analysis “means the effectiveness of these laws via the implementation of the provisions of foreign arbitral awards, the effectiveness of such laws to achieve the greatest degree of freedom for the parties to resort to arbitration and also to give a larger circle of freedoms in the area of arbitration”.
The study drew the result that there has been a change in the court’s mindset when dealing with media, reporting and liberated press doctrine as embodied in the five recent rulings of two justices of the high court. Termed, ‘The Modern Media’ by both Justice Callinan and Kirby during their judgment of Australian Broadcasting Corporation vs. Lenah Game Meats Pty Ltd (2001).
In this case, Janet acted legally because no act of negligence can be proved. This is because Janet observed the standard of care a nurse was supposed to observe. This is shown first by her obtaining the consent of the patient on the need of withdrawal of medication and discussing the matter with the doctor so that she would acquire permission.
This paper is a critical reflection and personal reflection on the research process undertaken on one aspect of fire management thus the “effectiveness of the Shanghai World Financial Center evacuation procedures” located in China. The research project undertaken was related to the coursework covered hence I did not encounter many difficulties in carrying out the project.
The research study proposal already done presented an aspect of fire and service management in particular evacuation procedures in buildings and apartments. This modified research study tends to present an analysis of the effectiveness of Shanghai World Financial Centre Evacuation procedures and why these procedures have been chosen.
Tyson and his salesperson (Mandela) are obliged to sell and represent goods that they are reasonably fit for consumers. However, if the consumer makes it known to the supplier, supplier’s agent, or rather the manufacturer the purpose of the good, the supplier ought to represent that good in the same manner specified by the consumer.
The ICA was founded in 1923 and is vested with the responsibility of ruling on economic disputes internationally. It mainly deals in offering solutions to trade differences between companies of different countries in an impartial, confidential, speedy process that is based on high legal competence.
Executive, legislative, and judicial systems of Western nations attempt to determine the best ways of attaining this goal. The question that is however challenging is how to tackle domestic violence between intimate partners. It is hard to go by even though worldviews generally deem that domestic violence is detrimental to individuals.
It is essential to state that the paper addresses the various reasons for the rise of trade in the world and offers mitigating factors to the vice. Arguably the paper uses relevant academic literature to support its arguments and also applies critical and classical examples for easier comprehension.
International laws are important because it helps citizens of different countries. Both public and private international laws tend to overlap more often. International laws too safeguard the human rights issues that may affect different nations. It is on not only how the government relates with their own citizens, but also how different nations treat their citizens.
Alternative means are applied to settle these cases, with courtroom trials being used as the last resort. The idea of alternative dispute resolution (ADR), also called additional dispute resolution, represents any resolution strategy that falls under the nomenclature for the different creative means being applied to solve cases short of courtroom proceedings.
Aviation is a major UK industry that within a year carries 235 million passengers with over 2.3 million tonnes of freights. This trend is expected to increase greatly in the long term. This is through taking into consideration the set rules and regulations by various civil authorities including CAA as well as other aviation regulatory bodies as illustrated by Mike (2004).
Fire and rescue service organizations play the important role of fighting fires, response and rescue to those in danger as well as preventing fires. The number of incidences that emerge is numerous and their time of occurrence is uncertain. It is for this reason that special attention is given to the resources used in the day-to-day activities of fire and rescue organizations.
The use of this paper is to document and examine the instant economic collision of the Indian Ocean tsunami produced by the Sumatra-Andaman earthquake which happened on the 26th of December 2004 and the disaster management procedure as the immediate result of the disaster. This Tsunami disaster is only one of its kind among those major disasters that have been experienced in history
It is essential to state that copyright infringement is the prohibited use of materials protected by copyright law in a way that contravenes the rights of the copyright holder. Using copyrighted materials without express permission from the owner is a violation that demeans the intellectual property of the artist.
Property rights refer to institutionally protected benefit stream claims. They are meant to provide a clear relationship between property owners, the property itself, and the property users (non-owners). Some of the Intellectual property rights include; Patents, copyrights, trademarks, geographical indications, trade secrets and industrial designs.
Community sentences form one of the most commonly used penalties by law courts in the UK and have witnessed exceptional growth in their use in the past two decades. According to Kaye (2010,p 11), not only are community sentences far more than common disposals but are also more readily applied presently than in the years prior to 1990.
In the context of criminal proceedings, most European countries particularly England and Northern Ireland allowed criminal investigators to take fingerprints and DNA samples. When an individual is arrested, a sample of DNA was taken and recorded in the National DNA Database. The DNA profile of the arrested person could be kept for an indefinite period of time even if the person is acquitted of any criminal acts.
Nathan a flight instructor at the airfield, called Sir Ross Smith airport offers to give Michelle flying lessons. Nathan did not have any intention of offering lessons to Michelle but since they were associates, he was forced to do so, on the terms and conditions that, in case of an error caused by the instructor the student will be liable for both the loss and the damage. Therefore it is Nathan who is giving an offer.
The joint venture is known as Roche Thiess Linfox Joint Venture. Consequently, the joint venture is registered within that name because of GST, under an Australian Business Number. In the documents that have been provided for the evidence, the joint venture was always referred to as RTL. The three applicant companies, namely, Linfox’, ‘Downer’ and ‘Thiess’ are the owners of Roche Thiess Linfox Joint Venture.
The concept of discrimination in the Equality Act 2010 requires the company to understand that it is often the environmental factors such as the employer's working practices, rather that the limitations as a result of the employee's disability, which restricts the disabled employees from fully participating in their duties.
The adjustments in the framework of employment law continued at their normal pace at the dawn of 2004 in Britain. New measures on matters such as sexual harassment, disability discrimination, and unequal pay have been introduced. High numbers of significant cases regarding disability discrimination and employment matters have been decided by a court of appeal.
A joint venture is a business conglomerate formed to operate for a finite time characterized by partners’ agreement to develop new entities and assets by contributing capital. Under joint venture, the partners have control over the assets, expenses and the proceeds of new entity. In the global business world, joint venture concept has gained popularity as a continued basis for business operations.
Various amendments are made to the Income Tax Assessment Act 1997 and these determine tax rates or provide clarity on various taxation issues. The Taxation Ruling TR 2010/1 seeks to provide clarity on contributions to specific funds and accounts, with the Tax Determination TD 2010/5 setting the amounts payable per kilometer for motor vehicles.
The case dates back to the 1970s but it still raises quite a lot of questions concerning the events that led to the murders of the MacDonald family. Although Jeffrey MacDonald was convicted for the murders of his wife Colette and children, many questions such as if he was the only person at the crime scene or the possibility that he did not commit the murders are still being raised.
The United States desires that this Court establishes if Italy has dishonored the Treaty of Friendship, Commerce, and Navigation between the United States and the Republic of Italy and the accompanying agreement to that treaty, through Italy's dealings with respect to an Italian company completely owned by two United States corporations, and, if so, the total value of compensation due.
FIUs request money laundering and terrorist finance suspicious transaction reports from both financial and non-institutions (Bowers, 2009, p 397). To verify this fact, it is imperative that a critical look be taken at FIUs in various countries operating within the context of this function. A typical example can be drawn from a study by Sathye and Patel carried out on Australia’s FIU which is among the global pioneers to be established.