Law Essays

This discussion aims to explore the case of the death of Baby P with a focus on the events that typified the crime, the form of homicide and the characteristics of the baby who became the unfortunate victim of child abuse Homicide in Britain Hyland (2008). The characteristics of the perpetrators in the case, which gained a lot of media attention in the United Kingdom and beyond also emerge here.

Any business agreement or contract either documented or not need to be honored by all parties involved in such an agreement. Dan made a business agreement with Jane that the barn would be available for Jane to hold her birthday bash. The fact that Dan didn’t honor the agreement breaches several business laws. Firstly, this is an abuse of Jane’s personal rights and the deprivation of information.

Jane and Dan can be presumed to have entered into a contract in which Jane intended to rent an old renovated barn in the Adelaide hills as the venue for her birthday party. The agreement between the two parties reflects express terms in the contract including the rental fee amounting to $2000 and a deposit of $6000 bond for damages to be deposited within a fortnight.

A contract legally binds two parties to undertake their mutually agreed obligation in the contract. A legally binding contract consists of four elements; offer and acceptance, consideration and intention to create legal relations. An offer is a proposal by the offerer to the offeree expressing his willingness to enter into a binding agreement

The type and class that a mining company with constitution specifying the mining purpose would be designated, whether a company would be bound by a contract entered into by a director who is in breach of the constitution, and whether a company would be bound to comply with contracts entered into by director for actions that are outside the company’s objects clause and any action available to the company.

Poppy informed Bart, the owner of the antique shop Artybarti, about her intention to purchase a painting displayed in the shop window. She threatened Bart with legal action when he refused to sell it to her. For advising Bart regarding his potential contractual liability to Poppy, the following issues need to be considered. 

In February 2013, Dozey signed a contract of sale agreement with Sleepy Head Pty Ltd which purchases the businesses from him with the company issuing him; a substantial block of shares as fully paid with debentures for a sum secured by a charge over all the company’s assets. He is nevertheless injured while working at the company’s premises while at the same time burglars steal the company’s stocks.

Criminal law is a type of law that deals with criminal matters that people, corporations, and other types of entities make. In relation to business, criminal law brings the aspect of liability that a company may have as an entity. The concept of criminal liability is a way of regulating corporations in different ways such as vicarious liability.

Contract law comprises a set of rules that govern the relationship, the validity and the content of an agreement between two or more parties in regard to the provision of services, sale or purchase of goods, or change of ownership. A contract outlines the obligations and duties of parties bound to an agreement. This paper examines a case study on contractual and tortious liability arising in business scenarios.

The issue is whether Bart has a contractual liability to Poppy for failing to sell the painting on display in his shop. According to Bart, the painting was meant for display at the shop and not for sale. A contract is defined as a legally binding promise or covenant between two or more parties and a breach of the contract gives rise to rights and remedies.

Indemnification is a legal jargon that refers to the act of protecting someone by promising to pay for the cost of potential loss, injuries, or damages that are likely to occur in the future either through money or any other type of payment. According to the Merriam-Webster online dictionary, to indemnify involves issuing compensation for the loss that a certain party has suffered due to certain actions.

Mr. Thornton drove to a multi-story car parking entrance at Shoe Lane prior to attending an event hosted at Farringdon Hall. He got the ticket from an automated machine and proceeded to park his car. The ticket was written with a clear warning that ticket issuance was subject to terms and conditions displayed on the walls of the premises.

It is essential to state that in Australia, upon registration as per the Corporations Act 2001, a corporation becomes a separate legal entity that is distinct from, inter alia its memberships and directors (Corkery & Welling 2008). This separate legal entity is referred to as the “veil of incorporation”.

A buyer has expressed the desire to buy a courier van from a seller. The seller demands a $5000 cheque and makes it clear that the buyer ought to pay the balance on or before 1st November. The buyer then discussed a deal with an investor the night after and he planned to run a document courier service where he spent a total of $1200 on flyers, business cards and a cellular phone.

Quite a number of bills are passed often and they have a major impact on individuals or various segments of society. One such bill that is unique is State of Colorado House Bill 13-1006 which proposed free breakfast for students. This paper attempts to get an overview of the bill, tracing its legality through the common processes of bill formation and identifying its relevance to social work as well as its impact on the social fabric.

It is quite essential to highlight that there are different car valuation options available for Fast Ed. He may apply the cost at which he purchased the goods in stock at year-end or he may value them at the existing market rate. The latter option is the best because it gives the net realizable value.

A key issue between Lisa and Vicky in determining whether there was a contract is to follow contract law which stipulates that there was a legally binding agreement. As such, we assess the issue of whether there was an offer, acceptance, consideration and intention to create legal relations between the two regarding Wave 500G jet skis.

For one thing, it seemed that very few people were actually allowed to buy stock and those that were deemed to be given special advantages based on a relationship with financial institutions or with Facebook itself.  This goes against the whole point of an initial public offering, in which the public is supposed to be able to buy stocks.

It includes advanced coverage of the law on searches and seizures, arrests, use of force, and interrogations. Del Carmen discusses current subjects of racial profiling, plea bargaining, DNA evidence, and a lot more than any reader should know. Long known for its significance to law enforcement, the book features interesting sample police forms.

It determines whether the actions of a police officer are lawful or not. Rolando (2009) argues that in the absence of probable cause, the evidence will not be permitted in the court. Every search and seizure is invalid if it does not have a probable cause. He states that the probable cause requires that the rights of people be safe in their effects.

Some of the circumstances that may increase the rate of crime rates include, a favorable environment for potential offenders, appropriate targets were to cause a criminal act and potential persons that endorse crime (Cohen & Marcus, 1979). In order to regulate the rate of crime, these three factors must be kept constant. 

The thrill in the book comes from the efforts of the author to get deep into the complexities of proving responsibility for environmental intoxication. He woofs the procedures involved in putting together a legal case and combines this with a breathtaking tale of a young lawyer who ends up almost losing everything he has, including his mental soundness.

The first part addresses the concept of substantive criminal law, whereby the authors affirm that behavior is criminal. The first four chapters of this book outline the all the criminality principles that apply to almost all criminal cases. Chapters five, six, and seven provides definitions of certain criminal offenses such as larceny or killing.

Many teenagers end up receiving harsher penalties because of inconclusive investigations conducted by the investigating authorities, hence attracting the attention of many, but only a few take the road to assist these teenagers to change the fate bestowed upon them. The result of this is that a teenager may opt to engage in the life of crime.  

As an illegal immigrant, one finds it difficult to pursue their dreams in the country they illegally reside. In America, as an illegal unregistered immigrant, one finds it hard to even access documentation for accessing public facilities or even getti8ng into the employment field. The lack of these made it difficult for Jose to fully practice his journalism career. 

Many if not all of the cities, villages, and towns in the U.S. have their law enforcement agencies controlled by the police that is most often called a “police department.” While much of the police function involves service to the public, police every so often is involved with the non-criminal and orderly member of the public.

The charity organization has called on the U.K. citizens to atone for the U.K. Government’s complicity in the torture meted out to their asylum inmates in their home countries of North Africa and Asia by giving the organization liberal donations to wash off their tainted hands as a share of atrocities committed by their Government.

Proximate cause links the responsibility of the defendant in the negligence and the injury of the claimant. Under the common law, a defendant in negligence will only be held responsible for injuries that the defendant could have reasonably foreseen through his omissions of or actions. Such facts were demonstrated in the case of Donoghue v Stevenson

The five-judge bench established that the quality and quantity of the contacts alleged were not enough to establish and sustain general jurisdiction over defendants. Concluding the case on the 10th day of October 2013, the defendants’ motion that sought to dismiss for lack of personal jurisdiction was unanimously granted by the court.

Employers in the UK are required to provide workers with a statutory written statement of employment which sets most of the terms of employment between an employee and employer. Therefore, the statutory written statement of employment sets out the terms that must be included in an employment contract.

According to the model rules of professional conduct and practice section 2005, (1), a lawyer has some obligations towards a client. When discharging legal duties, the practitioner should maintain a high degree of honesty towards the client at all times. This means that Fellaha should always be honest with Goneril regarding any legal information concerning her case.

Parsons (1964) gave one of the first accounts of the link between masculinity and criminal behaviour. Criminology thought, both past and present, have debated the link between criminal behaviour in men and its relationship with masculinity. Long back in 1924, Sutherland and Cressey stated that this delinquency might have its roots in how boys are taught to be "rough and tough" and girls asked to be soft.

An easement provides a right of way or use of a real property owned by another person without possessing the property. In most cases, a landowner permits another landowner to use pathways across different pieces of property.  Easement by necessity is acknowledged where one landowner can only have an access to a facility by passing across another landowner’s property.

It is essential to state that the key question is whether Sam has breached any code of conduct in collecting information and content for his article. The following will concentrate on breaches of the code of conduct among the journalist pertaining to methods of data collection and contents of their articles.

Tom gives Sam information about Carey and Justice Darren which he publishes with an aim of revealing information about Carey. This increases the attention to his articles and Sam even doubles his subscription fees. After Tom refuses to talk to Sam after realizing that Sam is benefiting from the information he provided to him about Carey, Sam decides to use any means to get information to post about Carey so that he keeps his readers happy.

In a recent civil litigation case about accident compensation, a company called Ellis Management Services Pty Ltd had appealed against a decision of a court that had ruled in favor of Eric Ross Taylor, who worked for the company. Taylor was granted leave to start proceedings for pain and suffering damages under section 134AB (16)(b) of the AC Act.

Malcolm, the owner of an award-winning rabbit and tropical fish, telephones Georgia, a home pet care service provider, as he has to visit another city for a week. During her visit to his house, Malcolm informs Georgia that his rabbit is expected to win $10,000 at a rabbit show to be held in Melbourne.

There are necessary steps to be taken for complete risk and liability management for the tender. The Department of Information (hereafter referred to as DI) has to ensure that Crafty Builders (CB) see the project as an integral part of the department. In turn, there should be presentations and discussions focusing on aspects of departmental offices.

In this research involving both empirical and theoretical studies, Jyothi has attempted to examine issues of occupations, paid employment, and justice in relation to the employment of people with disabilities. The author ascertains that employment plays a major role in ensuring that individuals feel accepted in society and in creating a sense of inclusion or identity.

Girls and women, in general, are often at the receiving end of abuse and harassment, whether in real or virtual life. This abuse and harassment may take the form of verbal abuse or even offenses that involve physical injuries. In 2008-2009 alone, the Australian community shelled out an estimated $13.6 billion to cover expenses for crimes against women and their children (AIC 2011).

The case arose out of the following facts. On the 1st of October Buyer saw a van with a FOR SALE sign a telephone number and a price of $25,000 and on that day, the Buyer called the seller explaining that he would get the money next week. The seller agreed to tell the buyer to mail a cheque for $5,000 and the balance paid by 1st November and Buyer did as instructed.

A partnership is not a separate legal entity like that of a company and therefore the individual partners are bound by the other partners and by the partnership agreement whether written or implied. In the case of Hitchins v Hitchinsthe court stated that a partnership cannot exist if it fails to meet the definition under section 1(1) of the Partnership Act 1892 that is the partners in this case were not carrying on a business in common.

The criminal appeal processes and rights in Australia have been interpreted as only allowing one appeal process after a conviction has been carried out. It applies to all states and territories. In 2013, the South Australian parliament enacted the Statutes Amendment (Appeals) Act 2013 permitting a statutory right to a second or further appeal. 

Sasha meets Vladimir on the 1st of June, and he informs her that the lease amount will be $1,000 per week and the term of the lease 12 months. In addition, Vladimir informs Sasha that she has to pay all the outgoings, including the electricity charges. Sasha draws attention to his advertisement, but Vladimir insists upon these terms.

It is ideal for Chesters to return for tax purposes on accrual grounds. As explained in the case, Chesters does not only make sales on a cash basis. Indeed, apart from cash, there are clients who make their payments via credit cards and such external financing options as chattel mortgages and personal loans.

A director refers to a person who has been appointed to that position in a company. Section 9 of the Corporations Act defines directorship. A de facto director and a shadow director are also described as directors under the Act . Directors are the agents of the company; they control and manage the affairs of the company.

Financial law in Australia has undergone numerous changes. The major reforms have been with the intention of achieving an efficient market system for both the bank and the customers. Most of the reforms have been targeted towards the resolution of disputes throughout of Court mechanisms, licensing of financial service providers and having a regulatory arrangement to offer directions in financial regulations.

The case, Minister for Immigration and Border Protection v Kim (2014) 221 FCR 523 is an appeal case in the courts of Australia. It is an appeal coming from the orders of federal circuit courts in Australia. The orders were made on the 3rd of October 2013 that quashed the decision that was made by a department of immigration and border protection officer, a department that was made on the 18th of January 2013.

The present article advises Bob Wheelie had purchased a bicycle store from Mr. Spoke on the basis of the historical figures presented by the seller in the form of historical accounts. It later turned out that Mr. Spoke had given Bob Wheelie inflated accounts representation in order to induce him (Bob Wheelie) to purchase the store and allow him (Mr. Spoke) to retire and travel overseas.

The issue is whether Max can be held liable for the unpaid debt of shifty Seller Pty Ltd. This is after Max as a director ordered on credit steel cables from Smart Engineering Pty Ltd. Shifty Seller Pty Ltd later went into liquidation without paying for the steel cables. Max was also known for having a bad credit risk in the industry including Alex of Smart Engineering Pty Ltd who accepted the credit.