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The description of the good should be accurate and if the goods do not match the description the buyer is entitled to a remedy. This implied term only applies to goods sold solely by description and does not apply where the buyer inspects the goods before the purchase.
According to the privity of contract doctrines, it is only the individuals who are involved as parties in any particular contract that have the authority and ability to take action so as to enforce it (Koffman, 2007). According to the doctrines, the third-party scheduled to benefit from a given contract cannot claim damages if the promised befits are not forthcoming.
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There have been many cases in the court regarding misuse or copying of trademark by other companies as a means of completion from other companies. In reference to the case of Koninklijke Philips Electronics NV v Remington Consumer Products Ltd, the plaintiff was disputing the originality and registration of the Philips trademark.
Incapacitative sentencing endeavors to protect the citizens from future offending by the particular crime being punished. The criminal is not sentenced because of the conviction offense, but simply according to predictions as to his or her chances of committing the offense again.
The new law will enable the consumers to understand their business rights and business burden from additional costs of staff training, prolonged business disputes, and seeking legal advice reduction. Currently, there are 12 different legislation pieces, which cover the rights of the consumers in the United Kingdom. Additionally, there are 60 more legislation pieces, which cover the investigatory authority of enforcers of the consumer law.
She was restricted to do any practice of nursing at school because of some incident in which, she was already involved. However, she qualified as a nurse, so her act comes under the category of medical negligence. Medical negligence can be described as negligence that results in harming any individual physically or mentally because of the negligence of a medical person such as a doctor or nurse.
The industry of human trafficking is the most popular resource of enrichment of criminals and unlawful organizations. Financial reasons became the cause of different crimes and violations, concerning this sphere of human life. Wars, massive disorders, and fights in the country is the best environment for the development of human trafficking.
This meant that it was easier to obtain a warrant but they did not. In light of this, the three purposes for the application of the KAA rule as it had been spelled out by Justice Scalia’s majority opinion in Hudson’s case comprised of: ‘human life safety, guard of property as well as a guard of privacy and destroyable by a sudden entrance’.
Hijab is the way you carry yourself, the way you talk, the way you walk. Hijab, as a matter of fact, is a whole way of life and hence an attitude in itself. For those who are non-Muslims, Hijab is mostly associated with a modest way of clothing that is worn by Muslim women. It is also called the headscarf and it is one of the most noticeable things of Muslim women.
Once the parliament has made the laws, the judicial arm of the government has the responsibility of applying the statute in cases brought in court. However, some of the laws made by parliament sometimes pose a big challenge to judges, especially where the statute law is ambiguous, has an error, or failed to factor in unforeseen developments (Solan 2010, p. 21).
The Syria uprising that started back in 2011 has, however, threatened to shred the country into pieces that may make centuries putting together. This paper seeks to discuss the war in Syria and look at how the use of force on this country may help to bring the country back to its peaceful era.
The probable future events are also put into consideration in the determination of seaworthiness (Wilson 2010, p.10). Seaworthiness is determined by the type of voyage to be made, and also the class of the vessel. Kopitoff v Wilson (1876) provides the meaning of seaworthiness.
One must be in a position to determine whether an offer or invitation to treat exists. However, advertisements are not always perceived to offer that can legally bind the advertiser of a product. Advertisements are usually considered as an invitation to treat. Miller and Jentz (2008), argue that advertisements are invitations for tenders or business deals and do not in any way constitute a contract.
This definition covers both criminal and civil unlawful behavior. In criminal law, the litigation is always brought forward by a specific prosecutor -the state (in the name of the Crown). However, in civil cases, the circumstances are a different in that, the lawsuit can be initiated by any legal private party who is normally referred to as the claimant.
On one hand, the law stipulates that it is the duty of health care providers to give information to their patients when obtaining consent and also warn them of any possible risks that are likely to be encountered during the treatment or medical procedure.
According to the actus reus doctrine, the law requires a demonstration that the criminal activities like murder occurred due to voluntary act and omission. In this case, the criminal act like the death of Leone requires that Janet be criminally responsible for her voluntary conduct.
These categories require to be maintained frequently so that they do not become large. Statutory laws contain few articles and contain subcategories mainly. These subcategories include statutory law by country, statutory law by topic, list of legislation, proposed laws, treaties, legal codes, and statutory laws by the legislature and statute stubs.
Tesco is located on the ground floor. To run any shopping mall, there are risks involved. Tortious law concerns civil law. It deals with circumstances where one has to suffer loss or harm. Such action results in legal liability for an individual who conducts such a tortious act.
Using this definition of insurance and that of a normal contract, which can be defined as a legal agreement between two or more parties for purchase or provision of goods or services using the principle of offer and acceptance, some differences can be seen. While in insurance contract the insured pays premiums to the insurer in order for him to be paid the benefits when the event that he was insured against happens.
Duress can be exerted on individuals, on property and duress can be economic duress. A contract that is entered into between parties under duress is voidable, which means it is valid until it is held as illegal by a court and the aggrieved person can rescind the contract if there is duress.
Clearly, there was no notice that cautioned Nigel. There were no life jackets nor lifeguards to help. The issue is to ascertain whether the authorities of Dartford Sea World was negligent or not. Also, there is the need to ascertain if Bartford is responsible for the injuries on Nigel and will be liable for damages.
The drafters of the constitution were also aware that one arm of the government can sometimes abuse its powers if there is no institution in place to check its actions. As such, they ensured that even though the three arms of the government are free to discharge their mandates without interference; one arm of the government was vetoed powers to check the actions of another to avoid abuse of powers.
Phoebe Farmer to pay heed to his requirements. The issue faced by the client was that the assistant did not respond to the calls and avoided him. As a result of the avoidance, the solicitor failed to appeal to the Default Judgment regarding the debt recovery matter for Mr. Wallender, against the client who failed to pay the Central Heating cost.
It requires the knowledge of the national dominant language plus culture, and the promise of the applicant to obey and follow the country's laws. For he or she has to meet the requirement of taking oath or pledge. However, some countries are not in favor of enjoying the benefit of dual nationality by an applicant.
It also occurs when somebody does an act which a reasonable person will not do under the prevailing circumstances. Proximate cause occurs when the plaintiff incurs injuries as a result of negligent actions of the defendant and the injury must have been a natural and probable result of the conduct.
Although Bill was rightly captured on Camera for having taken someone’s property, he did not have the intention to deprive the owner of his property as upon realizing he had the property he dropped it and left the premise without it. On the other hand, all suspected crime offenders (Bill) have the right to be told the grounds on which their arrest is based.
The Human Rights Act 1998 came into effect in the year 2000 in the UK. It can be apparently observed that the Act constitutes a sequence of sections that emphasises protecting the fundamental rights of the UK citizens as per its national constitution. Specially mentioning, the aforementioned Act generally sets out certain fundamental rights along with freedoms to the legal citizens of the UK.
The court ruled in favor of Clinton because his condition could not allow him to be judged in a court of law. The defendant could have also signed the agreement without clearly understanding what it meant. All the citizens aligned in court have a right to receive mental treatment before they are tried.
The Australian Constitution provides for separation of powers between the central government and state government. Section 51 states that the Parliament shall respect laws and judicial decisions of all Commonwealth states. The Commonwealth parliament must therefore not make laws that undermine state laws.
The sales contract, in this case, involves the buyer being Albert and the seller being Bobo shopping mall. The contract is created where Albert decides to buy the drier from Bobo and in this case, the two parties become bound by the contract. Both parties should ensure that they become aware of the terms governing the contract that they enter into.
The following essay will focus on two organizations, Stony Brook University and Suffolk County council, and their ways of countering potential risks. In Stony Brook University, the essay will majorly look into the general security and safety measurement the institution has during winter for the general safety of students, faculty, and staff.
On the other hand, a business takeover occurs when the ownership and control of a company are ultimately transferred to a new business entity (Spadaccini, 2007). Takeover arises when the overtaken business becomes insolvent. Business insolvency can occur when a company makes persistent losses as compared to profits.
The judges’ tasks include sitting down and analyzing points of law and understanding the meaning behind these laws. When the Parliament passes an Act, this means that they have put into place a new law that has to apply in that particular country or area. When someone breaks this particular law, they are summoned to the court of law and eventually will have to answer to these charges.
Schools are known to be safe environments from ancient times; the security of the school might deteriorate in moments of an active shooter incident, leading to the tragic loss of lives. An active shooter is a word used by law enforcement to define a condition where shooting is ongoing.
The community and the school administration have a duty to care for the students for which they are accountable. Because Active Shooter situations keep on changing all the time, some moral deliberations may be required to be executed to guarantee minimum casualty levels (Implementing an active shooter-training program, 2015).
Various criminological theories have been advanced to explain the causes of criminal behavior, but modern criminologists combine aspects of psychology, sociology, biological theories and anthropology to advance their explanation on the causes of crime. The rational choice theory outlines that individual offenders make an autonomous rational choice to engage in crime after considering the cost and benefits associated with the crime.
This is due to the reason that they end up directing their attention and resources towards improving their environmental security, which exhibits a lot of uncertainties. The high levels of insecurity have made the world’s nations recruit more security personnel; police and armed forces, to inhibit the high levels of security threats.
At the same time, the US Congress ratified new laws that sought to protect American lives, at home and abroad. The USA PATRIOT Act was sanctioned, allowing the US government law enforcement officers extra powers to alleviate against future threats while simultaneously ensuring that civil rights are not violated.
Since the time of those attacks, the United States government has sought to improve security, imposing a recalibration of the balance between civil liberties and security. Many of the procedures taken have proven fundamental to law enforcement's aptitude to fight terrorism.
The results of such cruel acts have been injuries and loss of innocent lives. One of these isolated incidences is the Military Circle Mall on14th February 2014. Many questions have since emerged on the police preparedness to combating and reducing its frequencies.
The high population that attends the event makes it a possible target for criminals and particularly terrorists groups that target crowded places. Since the 9/11 attacks in the US, there has been an increase in terrorism awareness in the fear that such an incident would occur again.
It is evident that there are increasing cases of murder based on different religions and structural beliefs which is a growing trend in the United States of America. Moreover, it is apparent that the criminal element is getting an earlier start as compared to what we used to see in the olden days (Scull et al., 2010).
The industrial disputes investigation act was adopted in Canada to prevent the occurrence of strikes and lockouts due to conflicts of the laborers and employers. Canada experienced depression towards the end of the nineteenth century and several interventions were implemented in the early twentieth century, including the Industrial disputes investigation Act of 1907.
This resulted in the creation of the international criminal law under which every criminal act that destroyed human rights based on race, nationality, ethnicity and religion was punished. International criminal law is a division of public international law that governs the activities of states and how these activities affect the individual citizens of these countries.
This Act was revised and several reforms made in the Law of Property (Miscellaneous Provisions) Act 1989 (c 34). This law laid several requirements for any contracts for the sale and disposition of an interest in land must be in writing to prove the agreed terms in a single document.
Female Muslims are required by the law of their religion to cover themselves up from head to toe. Their dress code has become a multi-faceted and complex issue that people often raise in public debate in most European States. The most affected areas are the education and employment areas.
The Anti-bribery provisions; these provisions apply to both issuers, “domestic concerns” and foreign businesses or nationals and their agents. The act describes the domestic concerns as citizens, nationals, residents of the United States, and/or any company which has its core place of business in the US or has its operations organized and constituted in the laws of any of its state.
In some cases, the seller has to bear a liability especially where goods sold are found to be defective. Similarly, a consumer is expected to bear liability especially when a product is destroyed after purchase so long as it was not originally defective.
Legally, a trust is an obligation that is not only equitable but also that legally binds a trustee to oversee the certain property, which is called the trust property, on behalf of the real beneficiaries of such trust property. The trustee may or may not be one of the beneficiaries, depending on the contract agreed on.
The reason for the observation is because there are offences that may be committed by a culprit from similar causes. Why and when children start juvenile activities is an issue that requires keen analysis. This means that some causes may be responsible for several actions, something that may not be easy to research and establish a conclusion.