Law Essays

The issue is whether the board of directors acted in an ethical manner by keeping the information about the side effects of the new rheumatism drug confidential.  This is after the research that was commissioned by the company indicated that the drug has a little side effect. The decision of the board was aimed at ensuring that the company is able to get profit from the drug and keeps the shareholders happy.

The severity of the law is tempered by the positivist theory of criminology, which has dominated criminal policy in the last century, in which it is believed that internal and external factors influence an offender to commit an offense. Under this theory, society and the criminal justice system are willing to forgive the offender for his moment of weakness if he leaves his erroneous ways behind.

We are grateful that considered us to advise you on the status of the two cases in relation to the law of business. Highlighted below is clear information on what should be expected in these scenarios. We have also given some background information on the laws of contract; the National Credit Act and The Consumer Protection Act that apply to these situations.

The company has developed a drug that will reduce rheumatism to a significant level. However, one of the tests conducted on the drug revealed that it had possible side effects. Following the decision of the company to verify the side effects, it requested a confidential report from other scientists regarding the alleged side effects.

It is noteworthy that Larry has defamed Ella in his article titled “law of communication student thinks she knows travel because she has been to Bali”. This is because the general law of defamation identifies three major elements that prove that a person has defamed another. Patrick Thomas, defamation law in Australia, (2012).

Family law is sometimes known as matrimonial law and is fundamentally a law area that revolves around family matters as well as domestic relations such as marriage, domestic partnership, civil unions, adoption and surrogacy, relationship termination and ancillary issues such as divorce, property settlement, child custody, visitation, child support annulment, and alimony awards.

Section 41(1) of the Trade Marks Act 1995 stated that in applying for the registration of a trademark, it becomes liable for rejection when it cannot distinguish the applicant's designated goods or services ) from those of others. Ella’s drawing is not capable of registration under the Trade Marks Act 1995 (Cth) as it does not distinguish the type of services she is offering.

It is important to highlight that the Australian corporations Act 2001 states that a limited proprietary company must disclose certain documents for incorporation. The documents include a memorandum of association, articles of association, a statement of nominal capital, and a declaration of compliance.

Thornton, the managing director of Country Living Ltd has sought advice on the following issues. First, the duties breached by Judy under the Corporations Act 2001 (C’th) and under the general law. Second, a few of Country Living Ltd’s shareholders have threatened to initiate a statutory derivative action against the board of directors for their failure to implement the outdoor home furniture project.

Consumers are identified to be always right by the law especially when businesses try to mislead or deceive them. The misrepresentation allegations involved the likelihood of some enforcement where the selling agent was supposed to ensure the accuracy and truth of the statements used in the conversation with the consumer to avoid any act of breach.

It is important to highlight that mandatory sentencing law is considered a criminal law where a maximum penalty is set for the offense and does not include a minimum penalty for the offender. Therefore, the judges are obliged to hold substantial discretion upon a suitable penalty for each case (Mackenzie et al., 2012).

It is important to highlight that choosing the right structure for a business is a critical step in establishing a business. According to the Australian Securities and Investments Commission (ASIC), the first step of establishing a business in Australia is deciding the right structure for your company.

Generally, Peter has contracted to sell a house at Leichhardt to Frank. The contract specified that the house was to be sold with vacant possession and that time was essential. Peter is unable to remove all his goods from the house at the time specified in the contract because his truck had broken down.  

Generally, the concept of the separate Entity principle is universally accepted as the basic principle of Company Law that is universally applied (Tricker, 2015). Additionally, according to this principle, a company should be treated as a separate or rather a distinct entity with respect to its members.

Generally, Section 6-5 of the Income Tax Assessment Act (ITAA) 1997 includes in Peta’s assessable income, where he is an Australian resident, all his ordinary income he derived, in the land during an income year. Specifically, ordinary income is understood to be his income according to ordinary concepts.

Before achieving success in business, entrepreneurs will in most cases encounter some failures. If an entrepreneur fails to successfully build a business, often they face stigma and victimization. The current Australian insolvency laws stress a lot on punishing and stigmatizing failures (Myers et al. 2014, 78).

The constitution plays a significant role in determining whether an Administrative Security Protection Board is valid or not. This is because any program has to be supported by legislation for it to be valid in accordance with section 51. However, some sections of federal constitutional law may give powers to institutions or officeholders to make certain decisions according to section 53 and section 96.

Substantive law is the written law that governs rights and obligations of the people subjected to it, this means that this criminal law is guided by set law and regulations for prosecuting criminals and also has written rights of the people. It also defines the legal relationship of people with others and also between them and the state.

The author states that the court must have sufficient superiority to bind itself on lower courts and the ruling must contain a ratio decidendi or decided on law, not fact. Although the ratio decidendi may be the same in two cases, the facts may differ causing different rulings. Although the judiciary has departed from this tendency, departures are rare.

The author seems to have learnt many things from these scholars. The writer has consulted the theorists Michel Foucault, Fanon, Gramsci and Chatterji in order to articulate his resistance theory, which is, according to him, highly supportive while making an in-depth analysis of international relations.

Protection of interests may occur when there is an anterior application on a property, in which cause a caution may be lodged with the Land Registry. Any party who could not register his/her interest for any reason will be able to examine the title of a property proposed for registration and lodge a caution in the event of any objection. 

The author states that he cannot agree with John Locke’s Second Treatise, especially on private property. It goes against his views that he holds dear. Neither can he agrees that God gave the earth to all the men for their use. We, communists, do not acknowledge the presence of superior power, the creator or preserver.

If a LA takes the view that criminal proceedings for breaching an abatement notice would not be enough, it can apply to the High Court for an injunction. The court has discretion as to whether to grant an injunction and/or urgency to justify this course of action and the particular nuisance will need to be of sufficient weight.

An activity ancillary to the main duty would be a work or a series of work that would be necessary to achieve the proposed objective of repair of the air conditioning unit. The scope of Section 240 (1) is broad enough to take into consideration the fact that Peter, the plaintiff, was executing orders made by his superior.

The men's rea required is denoted by the word 'maliciously'. In order to prove that the defendant acted maliciously, it is sufficient to prove that he intended his actions to result in some unlawful bodily harm to some other person, albeit of a minor nature, or was subjectively reckless as to the risk that his actions might result in such harm.

The reluctance to accommodate the reality of modern relationships, particularly in the cohabitation context, is submitted that a general overhaul of this area of law is needed to address rights to the family home outside the limited confines of marriage. Such an approach would promote legal certainty in avoiding ad hoc interpretation of existing trust law.

Complications can arise with offers as was demonstrated in the case of Harvey v. Facey [1893]. In this case, the court had to determine whether the inquiry by telegram as to whether the respondent would accept a certain price for the item constituted an offer. The court held in this case that a price quotation did not amount to an offer and should be regarded as an invitation to treat.  

This case concerns and reviews the requirements of offer and acceptance in the formation and culmination of a contract.  According to this case when a certain shopkeeper displays goods in the shop window, it doesn’t necessarily mean that he is making an offer at large to the customers, instead, it may be taken as a just invitation to treat by the seller. 

The author states that the administrators will collect all the assets, hold them on trust, and after discharging the liabilities delineated above, distribute the assets according to the Rules of Intestacy. The funds payable to Alan will be held by the administrators upon trust until such time as he attains the age of majority.

Unfortunately, the law is not always clear, otherwise, there would not be an overwhelming need for the courts to adjudicate. The judges often have to resort to principles of statutory interpretation just to reach a stage where they can interpret the law which they are trying to apply to the case before them. 

Manchester City was unable to accept the offer due to the change of government from the Conservative to Labour Party, which strongly stood against the sale of council houses, except for those who had already secured a contract with Manchester City Council before that time (Bailii, 2009). As a result of this decision, Manchester City has not in any way breached any contractual agreement with Robert Gibson.

People who are elected or appointed should know their roles and job in order to maintain good accountability. Whereas, good people here mean to empower the front line who can administer well in political context and good process is better policy and lawmaking. Trust between those who are governed and those who govern will maintain the good standards.

One of Bacanovic's contacts in the company advised him that the Wasklas, the owners of ImClone are about to sell all their shares of the company because a drug they'd been hoping would be approved did not get the FDA approval. That meant that their shares were about to plummet, so they wanted to get out before losing much money. 

The Sentencing Project was founded by Malcolm Young in 1986.  This project of high social relevance is popular for campaigning for even better safety solutions for the public; enhancing uniform justice for one and all under the law; and questioning and; for questioning criminal justice policies that are silent on certain perspectives.

According to Article I of the charter, the purpose of the organization is to promote and encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. That is not to say murders involved in genocide or war crimes should go un punished in the name of human rights.

Christen is wrong. The reason why calling out ‘fire in the theater is wrong is because the owner of the theatre has not permitted it. Thus her calling aloud fire could be viewed as a transgression of private ownership, the right for the owner to reserve the right of admission into the theater, and to control the conduct of patrons who visit the place.

Anson observes in this connection that the consideration need not be adequate to the promise, but it must be of some value in the eyes of law. The curt will not make bargains for the parties to a suit and, if a man gets what he contracted for, will not inquire whether it was equivalent to the promise which he gave in return.

This also very much essential under such circumstance to remind the lady that platform of law and civil rights cannot be a means to execute personal beliefs or thoughts. Justice should always be rendered from a neutral eye, and the officers who are privileged to safeguard them must be free of any pre-occupation or inhibition.

This is a very vital stage of the process cycle. requires certain levels of expertise. Moreover, expertise in the policy process is the emphasis at this stage. Moreover, politicians having good insights in policy formation and problem-solving should be utilized extremely here due to skills and expertise.

Therefore, in England, laws at that point in time were all local customs were considered to rule. Customs were codified in the period of William the conqueror and this is said to be the basis of the common law. With time, the king’s courts started to be used as a forum for dispute resolution of individuals, thus making it the common law and was subsequently said to be distinct from customs.

Both American and European cultures highly prize work as an indispensable component of civilization and as a ‘strong thread’ in the social fabric (Gompert & Larrabee, 1998). Although there are some minor differences, both the US and the European Union workplace are governed by civil, constitutional, and statutory rights of the employer and the employee.

he author states that union representation is the process of representing a labor union or trade union to its employer. Labor union or trade union is defined as an association, combination, or organization of employees who band together to secure favorable wages, improved working conditions, and better work hours, and to resolve grievances.

Carpenter and his partners breached his duty to share in the profits with Sandra McBeth.  He can’t just use her $800 thousand dollars without getting her permission since it was her money in the first place.  He gave the money to Austin Estates, LP, without consideration for Ms. McBeth’s financial situation.

One of the elements of tort is a duty or obligation to care that is based on contractual obligations. The duty to care can be summarized in this phrase: every person must be responsible for all the consequences of his acts. The tort is an area of civil law based on the impression that the defendant has caused undue damage, injury or loss. 

The Equality Act is comprised of the components mentioned hereunder at seriatim: a) Equal Pay Act 1970 b) Sex discrimination Act 1975 c) Race Relations Act 1976 d) Disability Discrimination Act 1995. The act in question shuns the discrimination in any form may it be in terms of employment or others on the basis of religious beliefs, disability, sex and age. 

Equity includes the general principle. This principle was illustrated in Halsall versus Brazell. In this case, the landowner used a private road, as a benefit of a covenant. This covenant stipulated the upkeep of the road and in this manner provided a benefit, as well as a duty to share the burden inherent in it. 

Research has proven that the application of risk management procedures, pharmacology, psychotherapies is effective in dealing in all types of sexual deviations, and even multiple sexual deviations. Medical drugs can lower testosterone levels tremendously, helping individuals in lowering their sexual interests; hence, paraphilia.

The other section contains questions that must be answered. These questions will test my research skills. Reflective Evaluation is an important factor in any academic institution. It explains the significance of the skills required for students to acquire better results in higher learning.

The enabling statute naturally gives the agency the name and specifies its powers, structure, limits, and purpose. There are leading areas of administrative law, and they include business finance, energy, healthy competition, and free enterprise. Each agency is usually created in response to a need

In a democracy, where the citizenry has diverse right, duties, and obligations, the constitution of the United States stands out as a beacon amongst other democracies. The Second Amendment (America, 1791) to the constitution of the United States of America recognizes the right of its citizens to bear arms.