Law Essays

As a result, Chen could not agree to pay John as agreed; the cost of materials plus $ 6000 for labor. The agreement was that the job is completed by the end of June but this never happened. Chen could use this argument because paying John the amount of money agreed upon was to be done with the condition that the work be completed in the agreed time 

There is evidence that may be used to support the defense using duress. Drago has been a threat to Kevin before the incidence and also during this incidence. If duress becomes successful as a defence, then it means that it is not in denial that Kevin committed the act but it is excusing Kevin’s criminal conduct.

Reactions to crime are greatly distinct. This implies that, for instance, prisons ought to emphasize rehabilitation through work, education, and social skill improvement. This internal activity would occur alongside external rehabilitation, for issues relating to schools, housing, and hospitals among others will need to be addressed. 

The elderly Plaintiff Kenneth Charles Ward once lived with his younger son Anthony and his partner. However, he started re-establishing contact with his older son; the Defendant, Brian Charles Ward with whom he had no contact since the early 1990s because he had been assaulted by his younger son with his wife in April 2003. 

Negligence is a tort that is meant to compensate people who have suffered due to the slack judgment of others.  It exists in law to make sure people do not neglect the duty of care they have towards their neighbors in their actions and omissions.  Max can be said to have owed Hope a duty of care while advising her about the viability of Bruno’s as an investment opportunity.

There are maintained remedies by the Australian Consumer Law for any deceptive misleading conduct. The remedy is supported by section 52 of the TPA and all State and Territory fair trading Acts. This is the mistake of the proprietor thus he can be liable for contriving the contract because the double booking was resulting from his neglectful act.

It is essential to state that Sam Soapbox’s article, ‘We object! B-grade celebrity’s brush with the long arm of the law’ featuring Carey Classless and Justice Darren has drawn significant attention to the conduct of journalists and bloggers with respect to media ethics and Australia’s communication laws.

It is clear that the usual routine of the store staff in Coles supermarket is cleaning the supermarket while cleaning up any spilled liquids as soon as they are discovered, and further checking for the spillages on opening at 6 am and then at 10 am, 2 pm, and 6 pm. Though no staff is said to have been around the scene when the customer dropped a glass jar of honey, the sound of the fallen glass must have raised alarm to the store staff.

The duty of care is a legal duty imposed or required from any party that carries out any form of business. Where human beings are involved, the person in charge is required to take reasonable care to avoid instances where others are harmed. A premise is supposed to identify reasonable and likely risks of harm and in turn, take reasonable care as a response mechanism.

This essay discusses the requisite elements for proving negligence in cases of injury caused by failing to act. The area in business law focuses on the duty of care imposed on people towards others and the remedies available for negligence.  The essay will also discuss the occupier’s liability in negligence for harm or injury caused to persons within their premises.

The expression ‘lifting the corporate veil’ in corporate law refers to the courts overlooking the doctrine of the separate legal entities of that of the company (Bainbridge, 2001). The separate legal entity doctrine having been established in the case of Salomon v Salomon & Co Ltd [1897] AC 22, this law consequently applies in Australia.

Chen and Lin had an agreement. Their initial agreement fulfilled all the requirements of a valid contract (Keenan 70). The information offered in an offer by Elena was misleading. It had a serious false statement. Chen signed a contract that gave his consent to pay for the damage in case of any damages caused to the car. 

Claire who is 20 years old had an accident while cycling and sustained serious injuries in her abdomen and trauma in her head. Her father, mother, and an ex-boyfriend with whom they had broken up 3 years ago accompanied her to the hospital. Due to the severity of Clare’s injury, the medical practitioners advised of two main surgical options.

The Champagne manufacturer owes mason a duty of care to ensure that he can open his bottle with no risk of harm. The champagne manufacturer is in breach of this duty by failing to design a cap that does not pop out violently. Alternatively, they should have warned users that the bottle ejects the cap violently upon being shaken.

The case presented between Manfredi and Eggplant involves the misrepresentation of facts in the common law. Misrepresentation of facts involves the presentation of the false statement(s) by one party to another, whereby the other party is induced to enter into a contract after relying on the misrepresentation of facts.

Generally speaking, the case between Allen, Barry and Cate is one that is related to contracts in business. A contract is an agreement that is legally binding between two parties. There are various elements of the contract that must be present in an agreement for it to be considered a valid contract.

Massive Freak was advertised as a new meal that could be consumed by anyone seeking to increase weight. According to the advertisement, the consumer who takes the new meal three times a day for two weeks would without a doubt gain 20 per cent in weight. The ad further states that anyone who fails to achieve the 20 per cent after the required 14 days would be paid $5,000.

Chain of Custody can be described as a procedure used to handle evidence through a series of inquiries. Therefore, a chain of custody is the documentation procedure performed for evidence in a sequential manner. As will be evidenced in this case study, a chain of custody is very important in the process of investigation since it ensures that the evidence presented in the court of law is accepted.

The paper  “Safety, Security, Health and Environmental Law”  is a timeous example of a  law case study. Safety, security, health, and environmental law is the unit of law that deals with the regulation of health, safety, security as well as environmental hazards that occur from commerce activities.

Law enforcers such as the police; appellate and trial courts; custodial institutions such as jails, reformatories and prisons; correctional departments that offer parole, custodial and probation functions; parole and probation offices; and public defender and prosecution offices need to understand the criminal justice systems very well so that they can ensure that fairness and justice indeed prevails.

The US judicial system is comprised of Federal Court and fifty States Courts. The majority of the cases are sorted out in state trial courts, which are the lowest court in the state judicial system. Investigation and interviews take place in order to analyze the position of the defendant in the federal judicial process.

Chapter 171 of the local government code does not apply to members of a board of higher education this is as per Opinion number JM 817(1987) delivered by the then Attorney General, where he observed that state universities are prohibited from entering into a contract with a public official who has a direct or indirect financial interest.

Criminal behavior had been the focus of many experts in an effort to reduce criminals however seems criminals come and go. Experts believe it is more effective to employ programs and policies to improve criminal behaviors. This study includes a discussion of the different programs provided by the various agencies in the government in an effort to battle any form of crime.

Generally, employment laws are the regulations that are put in place to protect the rights of workers (Bishara 2012). They are specifically put in place to protect employees from any form of mistreatment by their employers. These forms of laws are important to any country that aims to protect its citizens.

In most judiciary systems, it is axiomatic for just trials to prevail; therefore, strict adherence to procedural safeguards is critical in this criminal justice system. One fundamental safeguard is the 6th amendment guarantee. This is where an impartial jury from the state where the crime was committed, tries the criminal defendants.

Product liability could be defined as a section of the law that holds manufacturers, suppliers and retailers of products, liable for injuries caused by their products, upon consumers. This law specifically targets the products as explained in tangible personal products. Lawsuits in product liability fall under the category of tort laws and the litigation occurs for different reasons.

This brief analysis will focus on five Supreme Court cases that helped to further define the scope and extent of juvenile justice laws within the United States.  Secondly, an analysis of the given constructs of law exhibited within these cases will be discussed.  Furthermore, the ways in which these cases affected juvenile justice will be broken down into whether they helped expand or contract prior jurisprudence on the given topic. 

Generally speaking, the ethical and legal issues associated with the release of classified information for media are sensational, safeguarding, classifying and declassifying the information on national security. The democratic principles in the US require that Americans be informed about government activities.

The Montevideo Convention on Statehood of 1933 established numerous requisites for statehood. The convention found the following measures: a permanent population, a government, a defined territory, and a capacity to enter into associations with other states (Evans 205). This convention perceived states as a form of sui generis legal entities existing and functioning under its authority and power.

The following essay tends to articulate the different cases that encompass the law of contract, agreement, and the role of tort. The essay also provides evidence that supports the various evidence grounds that support the propositions put forward therein. Case studies of real-time cases are also useful in the judgments of the particular subjects of study.

A veil of incorporation can be defined as the legal provision in which a company or incorporation is made a separate legal body from its shareholders and directors. As a result of this provision, company directors and shareholders are protected from taking responsibility for the mistakes committed by the company under their jurisdiction.

Deborah Stone, in the book Policy Paradox, finds the above-mentioned five issues relevant and devotes an entire chapter and article in political science quarterly to the element of policymaking. Moreover, Stone finds isolating causes of problems much more complex than the opposing camps believe at the first glance.

European legislations tend to appear in various forms. Regulations are often addressed to all the member countries and are often applied in full (Cajani, 2012). Such legislations are often directly applicable without the requirement for national legislation. Directives are however addressed to all the member countries but require a goal to be utilized by a given date.

Harold Fredrick Shipman was a convicted English serial killer. He was a doctor by profession but criminal records were showing that he was one of the most dangerous serial killers in history. Two hundred and eighteen murders were positively attached to him but there were suspicions that the number could be relatively higher.

The criminal justice system is a vast field encompassing all the works of the agencies and organizations working in collaboration to bring criminals to justice (Hess, Orthmann & Cho, 2012). The police officers, lawyers, and the court and correctional systems constitute the broad category that is criminal justice agencies.

A joint venture is a business agreement that brings together partners that have agreed to contribute towards developing a new entity and assets for a predetermined time. Over the life of the joint venture, the partners will share expenses, revenues and assets. A joint venture agreement document is used when parties wish to enter into an agreement or agreements with other parties to operate a business together for a common objective.

Under the ATCA, US courts have jurisdiction to prosecute this case the result in restitution from damages. The US courts have jurisdiction over customary. The US courts have jurisdiction to arrest and for the purpose of preferring charges and or attaching his properties. Acts committed and abetted by state agents are actionable under ATCA.

In recent years, media violence has created a great impact on children and on adolescents. Children who are exposed to television show the most are at a higher risk of media violence as well as aggressiveness (Levine, 2011). Illegal happenings such as murders and robberies are also a part of the media violence that is affecting society.

The Legal issues that will be addressed by this document are torture and the instruments that provide for torture, the instruments include both national and international, the issue of wrongful detention will also be addressed, and the procedure of filing a civil law suit by foreigners in the U.S courts, the criminal prosecution at international law for acts of torture committed in foreign countries.

As a fundamental principle of law, for any valid contract to be entered into between two parties, the elements of intention and consideration in a formal contract must be satisfied (Radan & Gooley, 2010). The element of intention in a contract agreement must have the dimension that confirms the intent of a legally binding agreement by the offeror.

The legal regime that was charged with the regulation of industrial conflicts in the 20th century was not very effective. The system did not seem to care for the problems that were affecting all the workers and laborers. The system seemed to favor British merchants and workers, who were often brutal and unfair to their servants.

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.

In conclusion, section 33 of the Companies Act 2006 has not clarified the position regarding whether rights within a Company’s constitution can be enforced or are just expected to be enjoyed on an ongoing basis. It, therefore, makes the relationships between the members and a company quite uncertain and conflicting.

Directors’ duties are contained in several statutes that ensure their obligations to the company. Directors owe duties to a corporation and the core among them is to remain loyal to the corporation they serve and avoid any conflict of interest. In addition, they ought to display a very high standard of skill, diligence, and care and act in good faith in promoting the success of the corporation.

A general partnership is one in which all the partners are liable for all debts and obligations of the business while a limited partnership requires the presence of a general partner who is liable for all the debts and obligations of the partnership while the others are only liable to obligations up to the amount they contributed into the business. 

Most contracts allow either party to terminate the contract without cause. This termination can take numerous forms for instance in one form it may provide for the annihilation of a contract at will, on notice, or upon a definite eventuality. The corporation's Act doesn’t oblige the party that cancels the contract to give reasons for it.

MGM Grand Hotel is one of the hotels to experience a high number of fire fatalities in America. The incident at the hotel occurred on November 2, 1980 killing both guests and hotel employees. The number of fatalities was 85 while 700 people were injured (National Fire Protection Association, 2008, p. 4). 

The defendant may respond differently to the claim through various available options. The company may file a defense statement.  This would follow substantial actions taken and which proves it was a normal accident. This is because they only allowed the removal of our trays and provided the necessary equipment for safety.

Facts in issue can be defined as information whose legal credibility or liability can be drawn from processes such as inquiries and can be used to make decisions. According to Keane, the courts have a right to admit facts in issue as relevant information to a case as long as they can be proved by evidence.

Considering the reasoning of Atkins, if a compensation claim were allowed for the extra claim, then it would be a win/win situation for both parties. It is important to note that the risk associated with lump sum contracts lies within the mechanism used in pricing the risk and taking it on to the jaw if the pricing proves to be inadequate.