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.
According to Speidel, R, and Ayres, 2008 contract law was first formed by the Roman Empire though it is not clear who had the upper hand in its implementation, the most recognized is the French Civil code though many other countries have roots and history of the formation of the contract law none of them really add up to where it originally started.
Some vital elements of the contract law consist of: the offer between the contract parties and the approval of both parties, the age of the parties getting into the contract should be sensible and sound potential; each and every risk in the contract’s transaction and lastly terms that will be involved in the delivery of goods and services provided.
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
A contract could be said to be against the individual intents of the parties. A contract could be an obligation made by the ordinary parties to the contract, or it could be a representation of the known intent. Contracts have been upheld when people have spoken one thing while actually not meaning what they did (Ian Ayers, Richard E. Speidel).
It would be useful at this juncture to define the term forensic examiner- a person responsible for the examination of evidence in the context of a legal dispute. This individual is able to deal regularly with crimes involving networked computers, wireless devices, and embedded systems (IPPE Crime paper). This would bring together the specialized technical knowledge and investigative experience of many experts and creates.
Global Production (GP) Limited is a multinational company based in the Far East. The company allegedly built a factory that displaced hundreds of residents on the Island. The construction of the factory also brought about environmental damage to the ocean thus destroying the fishing industry which acts as the main source of income for the islanders.
Given the fact that the domain of the internet is largely unregulated, there is virtually no way in which one could keep tabs on the information or the material that is being leaked over the world wide webs. Softwares such as Torrent and Bit Torrents are parts and parcels of the everyday dictionary of any given youngster no matter how technologically challenged he/she might claim to be.
Feminism is the political, economical or cultural movement intended to set up more legal protection and rights for women in society. It is concerned with sociological and political philosophies and theories related to the movement that supports more gender-specific rights for women, issues of gender difference together and the promotion of women's rights and interests in society.
There is the observation that the pays for the executives of big corporations seem to have risen fast from the middle of 1990 up to 2000 and again increased by fifty percent or more in 2007. However, the subject remunerations fell by 2008 albeit it is not yet definite if the decrease has persisted.
The tendency of some persons to commit crimes or offenses repeatedly is called recidivism. Recidivism is important to both prison management and the public in terms of its consequences on the other members of the community and the individual. With the increase in recidivism rates, crime in society increases, which then leads to a chain reaction of increased law and order problems.
Fraud includes equitable fraud. In equity, the term ‘fraud’ not only embraces actual fraud but other conduct which falls below the standard demanded in equity. There is no exhaustive definition of equitable fraud although the field covered includes the fields of undue influence and unconscionability.”(Moens. 42).
The most significant worries about cybercrime relate to spoofing, harming, and phishing by misusing online observation technologies. There are several other modes of criminal activities that are inflicted by using information technology, such as industrial espionage, cyber terrorism, defamation, harassment, and certain regulatory offenses.
Generally, it is essential to state that age-related crime studies show people at younger ages tend to commit more crimes and more serious crimes than at older ages when crime switching takes place due to progressive incapacitation. As they grow older, they also tend to specialize in particular crimes.
Louise Casey, the former head of the Respect Unit was tasked to conduct research within the public striking a way of engaging communities in fighting crime by Gordon Brown last year, 2008. The eight-month exercise was part of the Prime Minister’s renewed promise of reforms within the criminal justice system and after her submission of the report in June 2008 set the stage for these reforms.
There is little debate that the British system was adopted by most of the countries which it colonized, and for more than 300 years common law has continued to prevail and evolve in most of those jurisdictions. However, in the last ten years, there have been challenges as to the origin of the common law concept having its origins in Roman law.
14 pages (3891 words)
, Download 0
, Literature review
Free
With the high rate of globalization, there has been a net increase in transnational corporations. The world continues to absorb more and more of these corporations every day. However, there have been marked difficulties in conceptualizing corporate crimes. It is important to note the fact that corporate crime has become rampant on the global scene.
From a generalized perspective, prison management entails the management of people, who in this case include prisoners and staff. By implication, therefore, the successful running of prisons can not be purely evaluated by considering the efficiency and effectiveness of operations (European Convention on Human Rights Act 2003 10). Above all, the question of human rights is of prime significance.
12 pages (3027 words)
, Download 0
, Research Paper
Free
The role of Alternate Dispute Resolution and Specialist Tribunals in ensuring the objectives of the equity principle has been described. The Australian legal system incorporates and adheres to the fundamental concepts of procedural fairness, judicial precedent, and the separation of powers. It is based on the common law system of the UK.
The Mabo case is part of the very long and the very contentious issue of native title in Australia. In the broad subject area of Australian indigenous law, issues relating to native titles have become increasingly prominent. Australia as a nation has attracted a lot more attention where the claims of the indigenous population over the domestic resources (esp. land) are concerned.
10 pages (2589 words)
, Download 0
, Research Paper
Free
Under part 2D, the general powers of a director are described. Any director or officer who goes against these rules is liable to civil and criminal penalties depending on the breach of duty. According to the presented case of Battman Company Ltd, the three directors have only breached one out of all the duties of company directors.
The recession resulted in the deterioration of Battman’s business. In order to improve the company’s financial position, Jones and Right invested in the foreign exchange market and suffered a loss of $ 100, 000. $5,000 was demanded by a creditor from Jones, on account of a contract; unauthorisedly entered into by Popper, the company secretary.
Today the ‘new trade theory’ that highlights in its literature ‘geography and trade’ has made a huge impact on the manner in which economists understand trade. According to this theory, it is established that trade and gains from trade can occur and is not dependent on a comparative advantage pattern.
Laws relating to employment are complex given the fact that most of these laws are derived from innumerable sources, which are open to change at any given point in time. This was true of the Federal Workplace Relations Act, of 1996, and will be true of the proposed piece of legislation that is seeking to replace this act after it was repealed.
Patents have geographical limitations, and their validity is restricted to a particular territory. In general, most countries provide only national protection, and do not offer international patent protection. This encourages parallel trading. Moreover, the existing laws relating to intellectual property rights uphold territorial restrictions.
In its most original form the statutory duty of care that was owed by the directors to the company as whole and other directors of the board was interpreted in the light of the subjective approach to common law. Section 180(1), as with its predecessor s 232(4), incorporates an objective ‘reasonable director’ test.
Both the United States and Australia are similar in different aspects. Both countries share a history of British colonialism and their consequential development of political, economical, and social systems has been greatly determined by their history of colonialism with both retaining and integrating features of British colonialism.
The common law assumes that contracts are formed, only between persons who are fully capable of entering into contracts. This is a common perception and long-established practice. However, there are certain exemptions to this notion. All contracts for payment of money lent or for goods supplied or to be supplied, except for necessaries in case of minors, are absolutely void.
The president will be the leader of the political party as long as he or she is the President of the nation. The party would be keeping the President informed about the needs of the nation and the reactions of the people to programs. The head of the state should be willing to endorse the campaign needs of the party members running for their office.
Generally, the case in question is that of Sam, a professional spammer who tried to earn money the easy way. The following is an analysis of the Australian Spam Act (2003) and the manner in which Sam under the duress of the act now comes under penalty jurisdiction for the acts that he has committed.
Originally, the doctrine of Terra Nullius was in place and this meant in essence that aboriginal people had no claim to the land, unlike other indigenous populations. While statute and common law have given land rights to the Aboriginals and the Torres Strait Islanders, the populations have been very few and have taken place only recently.
It is almost a universal law that no person can be compelled to give evidence against himself. It is known as the privilege against self-incrimination. It derives from the Latin maxim nemo tenetur se ipsum prodere which literally means that no one can be compelled to betray oneself. This is to preclude exposure to conviction for a crime.
A large number of copies of copyrighted material can be obtained very quickly, and these copies are almost as good as the original. Such high-quality replicas can be transmitted to individuals connected to the Internet, across the world. This affects the interests of copyright industries, such as the music industry.
A fiduciary relationship can be formed through agreement; however, the existence of a special relationship also forms it. Texas case law defines a fiduciary relationship to occur “when an individual is under obligation, established by contract or law, to give advice or act for another’s benefit within the realm of the relationship.
17 pages (4098 words)
, Download 1
, Research Paper
Free
The issuer of the letter of credit may be a bank but the bank may have been instructed to create the letter of credit by a merchant or some other entity involved in trade transactions with the beneficiary. It is often used “in international trade and other business transactions, such as in the export and import of goods and services.
16 pages (4728 words)
, Download 0
, Research Paper
Free
International trade consists of commercial transactions between buyers and sellers all over the world. A huge problem in international trade is selecting a method of payment that is suitable for both buyers as well as sellers. If a correct method is not selected then it may cause problems for both parities.
A contract comes into existence when there are offers and acceptance subject to rules applicable to them. If the offer and acceptance are not according to law, even if other elements of the contract such as consideration, and performance by one of the parties, there can be no valid contract. Thus each party must have intended to enter into a contract.
The FARC as an insurgent movement does have the political program made public for many years, but it is rarely presented in media reports about the war or in the debates about ways to resolve the war. FARC fails to really articulate its political platform but instead carried out dozens of major military actions and criminal offenses.
Fiduciary duties are those that are recognized by all courts as being the identification and the legal factors behind a multitude of special relationship factors. The duty exists in cases where the intrinsic function of one of the parties in question is to take care of the best interests of the other in a manner that could be exemplified.
The company name in the case study is Ewing Oil Inc. The company business was taking place in Texas under Delaware General Corporation Law. The contributions will be made to the company at the time of start-up will be called the capital. The Ewing family controls 60% of its stock and the Barnes family owns 40%.
By the reason of the Ewing director’s majority as well as their directorship, it is clear that they owed a fiduciary duty towards Ewing Inc. and its shareholders. The transaction is not void or voidable solely because the interested directors participate in the meeting of the board or because their votes have been counted for such purpose.
Following your accusations by the Cambridge Cheetahs Board regarding your actions on July 18, 2009, the Harrison S. E. Law Firm indicates the following. According to the Cambridge Cheetahs law of conduct, any detrimental gestures or statements displayed in public(print, electronic media, or radio) and directed to any players, match officials, or any Australian Football Club policy decisions are illegal and not allowed.
The directors need not be stockholders of the company unless and until specified by a certificate of incorporation. The directors must be aware of the situation and that too with the material information reasonably available. Directors must act with due care in discharging duties and it is in this background that the case has to be analyzed.
It is essential to state that the reason for suing: The main reason for suing was that an article had falsely claimed that he had misled the Irish Parliament. The newspaper publishers, the editor of the newspaper, author of the article claimed qualified privilege as their defense. (Ursula Smartt,2006)
Laws formulated to protect consumers from the risk of incurring loss or sustaining an injury have a long history but they have become a subject of controversy in the United States just in the past three decades. The controversies arise because of the issues involved such as why the consumer should be protected.
The purpose of the existence of the judiciary is an important one, especially in a political set up that claims to be democratic. It exists so that the rule of law is protected and conserved. For this to be accomplished, it is the responsibility of the judges to interpret the law fairly (Hogan, 2006).
This paper aims to analyze the impacts of Foreign Direct Investment (FDI) on the economies of developing countries across the world. It is clear that in today’s economic situation, developing nations vie against each other to obtain foreign direct investment to create additional jobs and boost the economic growth in their regions.
Generally, under false advertising laws, advertisers are not required to state affirmatively or publicize things about products and services and that has been the case. (American Bar Association) Under some circumstances, the omissions are actionable as a deceptive practice under the FTC act and misleading advertising under the Lanham act.
For any negative thing that happens during a sporting event, there should be someone who should be held liable. In this particular case, two parties should assume liability. First, there is the Minnesota Vikings Professional Football Club, Inc. which is holding the sporting event and the fans, especially 17-year-old Johnny Sherman.
Internet cookies are fairly simple and they have established a hold on the media with the debate still raging on the need for cookies and how to curb the use of cookies. The debate has been also raised on how cookie has been affecting internet privacy. It is on these backgrounds that the article is being written.
The most interesting fact is that international disputes are inevitable phenomena. When there exist good relations between the countries, solving issues becomes an easy undertaking because in this case, both states will be willing to consult with each other. Dialogue is the most effective tool, therefore, takes effect.