Law Essays

In the assignment of future property in equity, the type of assignment is important to consider. It is therefore important to distinguish between a legal and an equitable assignment. An equitable assignment gives the assignee an equitable interest in the property while it is a legal assignment; the assignee obtains a legal interest in the property (Watt 2009, P. 30).  

The media comes in different forms ranging from the Internet to newspapers and therefore, it is impossible to understand a world without media. Since media has become an important organ in human life, it is important to pass legislations that address the concerns of individuals, organizations and other organs that are important in ensuring the world operates effectively.

This document is an exploration of one of the most disturbing aspects of a contract. This aspect is the sufficiency clause that makes a contract enforceable. The past cases have been relied upon heavily to provide some illustrations of the applicability of that clause. Moreover, as an extension, the issue of nominal consideration has also been elaborated.

Abbott and Snidal (1998, p.3) note that international organizations such as the United Nations (UN) Security Council, the World Bank, the International Atomic Energy Agency (IAEA), and the World Trade Organization (WTO) just to name but a few play an integral role of managing everyday interactions as well as more dramatic episodes such as international conflicts among states.

The legal profession and practice of law in New South Wales are governed by two pieces of legislation that are created and subsequently amended by the Government, together with a non-penal but binding code of conduct that is a creation of the Law Society of New South Wales. The Legal Professional Act 2004 started working on October 1st, 2005 and is in charge of regulating in New South Wales region.

It is essential to state that international law relates to a set of principles and rules that govern the relations between states, as well as international organizations in their international relations with each other, and with transnational companies, private individuals, and minority groups (Beckman and Butte 1).

Given that there are different legislative frameworks put in place to deal with offenses, the police that is not well-versed in the law may find it hard to determine an appropriate framework to adopt. In many instances, the police will resort to their own devices such as colleagues and personal experiences, case law and orders received from superiors.

Volenti nonfit injuria is a term used in the legal field to mean; no harm or injury is done to a willing person (this applies to a defendant). It could also be said that it is consent to run a risk by a plaintiff. Despite the fact that it is a voluntary agreement, there are conditions that are necessary to be fulfilled for a defense case; the claimant or plaintiff should be able to exercise freedom of choice voluntarily and freely.

Generally, this essay sought to discuss the obligatory elements for assessing negligence and establish whether a liability should be vindicated to the defendant or the plaintiff. A number of cases have been evaluated to support this area of business law established under the law of tort on negligence. 

Negligence is conduct that falls below the standards that have been established by law to protect others against the risk of harm that is unreasonable. If a person’s actions have departed from the conduct expected from a reasonable person, a prudent person acting under similar circumstances then negligence is said to have occurred.

Generally speaking, the APRA was to possess the role of prudential supervision of Australian depositing-taking institutions (ADI), non-holding that carry out business in insurance, underwriting, companies carrying out life assurance, retirement fund holding companies, and superannuation funds (Tyree, 2005).

The increased number of under-aged youth in the streets of Northbridge in Australia had raised concerns about the welfare and security of these children. Children under the age of 18 years are supposed to be taken care of by their parents or guardians so that they can be given the appropriate care (Hughes & Thompson, 2009).

It is essential to state that the proceedings were a direct examination of the last witness of the prosecution, Inspector Collins Richards from the Sydney Police Department. Inspector Richards testified about the conduct of the accused and the statement he gave with respect to the allegations made against him.

The Income Tax assessment Act is the main source of law governing matters relating to tax in Australia. The act was formulated in 1997 as an amendment to the previous Income Tax Assessment Act of 1936. The Act comprises 8 main sectors which govern the major aspect of taxation. This facilitates the collection and distribution of tax within the country.

Financial product advice means a recommendation, statement of an opinion and or an interpretation of information or a report, which is capable of influencing individuals' views on particular financial decisions. When a financial services business is taken to be carried out, it must be done within a given jurisdiction. This paper discusses various laws relating to financial services and licensing of financial advisors.

The first and most important legal responsibility of the banker in maintaining the customer’s current account is honouring of cheques (Tyree, 2005). In this scenario, the banker turns out to be under legislative responsibility of honouring the checks of its customers in the normal operation of the business.

One Punch Law was introduced in Australian Criminal Law for the purpose of covering situations that results in death from acts of violence that are senseless. It was introduced as a mandatory sentencing law that will help in ensuring that the applied sentences are reflective of community standards and that they are not excessively lenient.

All over the globe, the police are known to be first responders whenever a crime is reported to have occurred. Before the internet, the role of the police in responding and even thwarting criminal activities before they happen was more elaborate (Wolf 2000, p. 113). Most of the time, the criminals were always out-witted by the police.

The second situation is a situation in which the law would provide support which is very limited to do activities with regards to a certain copyrighted material to a certain extent and a very limited period for certain purposes only. These activities if not used for the mentioned purposes may conspire an infringement.

The Bill of rights has its origin in the Bill of Rights of the United States of America. After the United States became independent of British Colonial Rule, by 1787 American leaders in their attempt to consolidate themselves brought out a draft Constitution authored under the stewardship of James Madison which was to have been ratified by the then thirteen participating States.

It is hard for Australia to achieve total independence due to the complications that exist in the structure of her constitution. As long as it is a member of the commonwealth, it has to exist in the shared monarchy where the king of Australia is the same as that of England. However, this does not mean that Australia is still a colony of England. 

The problem of crime, and how best it can be controlled, has been an issue of great concern to governments and societies since time immemorial. The challenge of controlling crime has led social scientists to venture into formulating theories and models with which to explain this phenomenon and by which to control this recurrent act.

A young offender can be defined as a person who has been warned for a criminal offense. Younger offenders can be from any gender and they must have committed a certain criminal offense. Young offenders are dealt with by the criminal justice system in a totally different way from the way adults are dealt with, Muncie, (2008 pp 109).

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.

Globalization is defined as the unification of the economic order of the world through different methods such as reduction in export fees, tariffs and quotas on imports (Bhagwati, 2004).  The objective of globalization is to increase services, goods and material wealth through competition, specialization and international relations.

A furniture restoration workshop is definitely covered by a number of legislations under UK laws. Since the work at the workshop involves spray painting, upholstery and lacquering there is the possibility of the production of solid wastes, hazardous wastes and air pollutants. The workshop is prone to fire because some of the materials being used for furniture restoration catch fire easily.

According to law, any business or individual contract lacking any of the elements is considered not valid. In law, a contract is described as an agreement between two parties, where one party agrees to perform a particular obligation to another party such as a contract to deliver or sell particular goods in return for a certain price agreed upon by the parties involved.

In the Australian context, every person and company should pay income tax as well as some other entities according to Income Tax Assessment Act (ITAA) 1997. The implications of income tax for both For Gals Ltd and Alice accepting the offer by Pinefolds Winery Ltd will be first determined by establishing whether each is a taxpayer entity.

Copyright infringement is an authorized user of works that are stated or secured and thus said to be under copyright. This, therefore, means that it is illegal to download copyrighted music and films and can lead to prosecution if caught the violation the same. Copyright protection is highly important to the music and film industry for its absence will deny artists their rights (McDermott & Emery 2012).  

Generally speaking, the Treaty on the Functioning of the European Union (TFEU) seeks to eliminate all obstacles to free trade within the European Union. The European Court of Justice (ECJ) is charged with enforcing the four freedoms guaranteed by the treaty including the freedom of free movement of goods.

Business is an act that involves both the buyer and the seller. When the two parties come together, the seller aims at making more money over a given product while the buyer aims at getting the most affordable price of the product. Many times the buyer is always never certain about the exact value of the product, the amount in which he or she will purchase majorly depends on the stated value of the product.

UK individuals are capable of filing human rights cases in their domestic courts instead of traveling to Strasbourg. Despite this, there have been conflicts between UK and ECHR. The conflict led by the Conservative party proposes a reform of UK human rights. This implies that the UK government can decide to withdraw from the court jurisdiction 

The minor painting and re-staining of the premises in the context of subsection 53(1) are more directed to the holding, occupying, or use of the property for the purpose of producing assessable income or carrying on a business for that purpose than it is to the property’s appearance, form, state, or condition.  

There have been a variety of entry mode choices in China available since the implementation of the first “open door” policy of 1979, with the continued momentum of foreign direct investment (FDI) (Charles, 2005). Interestingly, by the end of May 2000, the contractual FDI in China had totaled $623 billion in 349,500 investment ventures (Charles, 2005).

Directors or top managers hold special positions in their companies. Typically, directors were given significant degrees of autonomy and independence in order to carry on their duties, particularly the ability to dispose of people and resources to areas they believe would help the organization achieve its goals and potential (Ramsay 1997; O’Hart 1995). 

The criticism that has been levied against this is that it comes in conflict with the Darwinian principle of evolution and is contradictory to the evolution of man from ape. Another important problem that exists with the theory that is advocated by this school is that it completely overlooks the social and economic context of any action.  

Generally, it is really essential to state that the debate on the introduction of the Bill of Rights in Australia has drawn several comments and views from critics, as well as political and social thinkers. Even as the range of views is vast, for those uninitiated, below is a brief outline of the issue.

It was their contention that they were being treated unfairly and were being subjected to bias and discrimination, solely on the grounds of their religion. One of the respondents stated that the participants in the talkback shows on the radio had made highly derogatory comments and allegations against the Muslim community (Noble & Poynting, 2004)

The proponents of voluntary euthanasia hold the assumption that doctors who break the law would automatically abide by the law if voluntary euthanasia was legalized. If voluntary euthanasia was legalized today in our society, it means that there would be more doctors breaking the law and more patients would be killed out of their consent.

Community and police coming together to identify and solve the community’s security-related problems are community policing. It involves citizens as partners in the process of reducing and controlling problems of crime with the effort of improving the quality of life for the community (Trojanowicz 1988).

One of the most effective approaches to deal with this issue is to make the research design reflect the characteristics of the region under study. This will be able to give findings that reflect the true picture of the crime in such areas, and in effect, help policymakers to come up with alternative programs that address the crime successfully.

Paragraph six of the evidence further indicates the existence of a fundamental breach of an essential clause in the contract. This case will be treated in light of the ruling in Shevil v The Builders Licensing Board (1982) 149 CLR 620. Paragraph nine of the evidence shows a situation where the essentials of a contract were not fully adhered to.  

According to the world health organization, mental health is “a state of well-being in which a person realizes that his or her abilities are capable of dealing with normal stresses of life, can work productively and fruitfully, and is able to contribute to his or her community.” Hence mental fitness is not just the absence of mental disorders (Farrell, C. 2010).

One of the cardinal principles underlying ecologically sustainable development is that polluters should pay for the harm caused by them to the environment. In addition, this principle ensures that goods and services that contribute to the pollution of the environment are better assessed from an economic perspective.

The rules must be set in advance and applied without exception. Historically Laws were developed in order to promote justice in society as well as to guide the conduct of human beings.  In the past decades, justice received ample civil, administrative and criminal jurisdiction in the courts and this was a reflection of the royal power over the subjects.

Although the Fourth Hague is the first international agreement relating to crimes against humanity, the Nuremberg International Military Tribunal (IMT) formed by the Allied forces in World War II to try leaders of the Nazi regime par see is the first international criminal trial since it was the first to try individuals outside their home countries in relation to crime against humanity, crimes against peace and war crimes.

It is my humble opinion that the Attorney General enacts the Criminal Law Consolidation (CLC) Act 1935 (SA), however, there are certain areas of the amendment that need re-amending and the addition of certain clauses to consolidate the application of the act. This submission discusses the proposed amendment of 5AA of the CLC Act in relation to the interpretation of the courts, parliament’s intention and the enforceability of the Act.

Northbridge curfew was declared by the labor party prime minister after considering the behavior of underage youth who were mostly aborigines. The curfew was in line with the Children's Welfare Act 1947 which gave authorities to correct children. The curfew brought mixed feelings among the residents but it was beneficial in the long run.

This essay will analyze the elements that are necessary for suing a person based on negligence. In the scenario provided, Josh was injured because the staff who were working in the supermarket failed to perform their duties according to the policy of the supermarket. This is a business law case and it is supported by a number of factors.

According to Chang et al. (2002), the term social problem refers to a challenging life situation that calls for an adaptive functioning response, rather than effective functioning that is clearly available to the individuals faced with the situation, due to the occurrence of an obstacle, such as commitment, habit or personal goals.