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Generally speaking, there might be a higher deterrence effect on the offenders as opposed to a situation when such a proposal is absent or lacking. The Crime Act 1992 is one of the legislative provisions introduced to help deter offenders with accumulated convictions from committing further crimes.
Policymakers would need to adopt a systematic approach that would lead to the classification of fast foods into objective categories. For example, fast foods or drinks that have empty calories can receive the highest excise tax, while those that have higher nutritional content should receive relatively lower taxes.
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Their claims of Elena should be handled in such a way as to reveal that she is the one who facilitated the termination of the contract because she did not reveal all the information as it was. She should, therefore, give out a total refund to Lin and Chen and organize the repair of the damages that were caused.
In keeping with Commonwealth v Verwayen, Frank and Frances acted “unconscionably” which may lead to the invalidation of the contract. Frank and Frances entered into the contract with a presumption that CF would fulfill all responsibilities and obligations. However, CF did not hold good faith by failing to serve any vegetarian meals for the night.
Instead of overly relying on Ainsworth to support the stance taken by Kevin Gray, the commerce test is essential, especially in testing what a property is in light of technological advancement. Several judges prefer going the commerce test way to ensure consistency between the commercial meaning and legal meaning of what a property is.
The paper "Definition of Security and the Law" is a good example of an assignment on the law. The term “terrorism” comes from a Latin word that means “to unleash terror”. Ideally, the phrase “terror cimbricus” was commonly used by the ancient Romans in 105BC to explain their fright as they faced their fierce opponent.
The paper “To What Extent Should Drugs Be Legal?» is a thoughtful variant on assignment on the law. Drugs are an important component of society. A drug is any product or substance apart from food that when consumed, smoked, injected, inhaled, absorbed via skin or dissolved under the tongue results in the body’s physiological.
The paper 'Business Law Issues" is a great example of a law assignment. Although the roads authority was fully aware that the information they were giving concerns a very serious matter, they had a duty to exercise reasonable care given the fact that it was is the only body that knew of any proposed developments on the land.
The paper "Did the Defendant Have a Duty of Care for the Plaintiff" is a perfect example of a law assignment. In the case, Nova Mink Ltd v Trans Canada Airlines [1951], the pilot of the airplane that flew over the plaintiff’s mink farm did not have the responsibility of taking care of the farm thus he/she did not have the duty of care.
The paper "The Purposive Approach of the Law" is a perfect example of a law assignment. When a court of law has to check on how a statute applies to a particular situation and decipher the consequences, then we say that it has done a statutory interpretation of the law. There are various ways through which the statutory interpretation of the law may be done.
The paper 'Use of DNA in Criminal Investigations' is a wonderful example of a Law Assignment. The use of DNA in criminal investigations is a relatively new concept that has flourished in the last two decades in collecting evidence for criminal justice. It has been applied in many criminal investigations and has been proven to have incredible accuracy in providing answers to criminal cases.
The paper "Julia and Steven Law Situation" is a perfect example of a law assignment. The legal case involves Julia who owns an antique store in Victoria Park, and Steven, who was looking for a present for his girlfriend. This case is under the law of contract. A contract is an agreement between two or more parties which is enforceable by law (Robert &Jeffrey, 2002).
The paper "Fiduciary Duty to Avoid Conflict of Interest " is a perfect example of a law assignment. Company law confers a broad and implied power to corporation managers in which they are supposed to exercise the powers during the normal course of business so as to guarantee the achievement of goals and objective laid down.
San Antonio Independent School District was the appellant while Rodriguez was the respondent. The respondent brought the action on behalf of students and parents living in poor school districts in Texas. The argument was that the state’s system of school funding, which was based on local property taxes denied equal protection to those living in poor districts (Sutton, 2008).
The paper “Relationship between Law and Corporate Governance in Australia” is an affecting example of a law assignment. Though complex and tortuous, the Corporation Act 2001 often referred to as the “Corporations Act” (Cth) comprehensively addresses all the legal issues associated with the establishment and running of companies in Australia.
The author states that starting new business requirements that it must have certain legal form in order to enforce its legal rights, therefore, it becomes necessary that at the time of forming any business, owners must be aware of about the possible legal forms of the business. The next important step is the bookkeeping of the transactions.
The author states that state laws are involved in such laws and legal premises are used as the basis to determine that acts of individuals may be liable for harmful consequences or injury to others. Punitive damages are referred to as those damages that a defendant may be asked to pay in case his actions caused any deliberate harm.
The Misdemeanor cases are those in which the criminal can be punished for one year at maximum and not more than that. The punishment takes place in county jail. While in Felony cases the criminal can be punished for one year or more. The punishment takes place either in state prison or reformatory.
Timely appeals submitted by borrowers must then be reviewed by the servicer; however, the review must be carried out by independent service personnel; not the servicer personnel who had in the first instance evaluated an initial loss mitigation application and a determination must then be communicated to the borrower within 30 days.
The House of Lords commonly makes a ruling through the application of ECHR regulations since the UK is a member state of the European Commission. The definitions of privacy and public interest remain vague within the common English Law. The cases prosecuted within the British courts regarding breach of confidence remain based on the provisions of ECHR.
It is clear that death penalties have been a part of the jurisdiction process for a long time however it is also true that death penalties have not helped people who have been killed despite their innocence. Hence before providing a death sentence the government should provide a special investigation team to check thoroughly.
State giving assurance and guarantee of non-repetition because it breached an international obligation is questionable. Many arguments are of the idea that the best consequence the State is supposed to face is cessation; radical policymakers questioned if such states breaching international obligation deserve an autonomous consequence.
Frustration under English law is a doctrine responsible for setting aside the contracts in which unforeseen events have the capability of rendering contractual obligations difficult to implement, or it has the capability of radically making a change to the principal purpose of entering into a contract by the parties involved.
From the given case, three critical issues arise. First, a dispute has arisen between Hugh, Gardener, and Son. The dispute revolves around the amount of money Hugh should pay for the tarmacking of his driveway. Tarmacking is an extra work that Gardener and Son undertook, the extra work had no terms agreement laid.
Arbitration processes nowadays are becoming consistent. Institutions such as the International Chamber of Commerce, the London Court of International Arbitration, and the American Arbitration Association Center for International Dispute Resolution have comprehensive conditions for managing arbitration proceedings.
Traditionally, the business has been governed primarily by common law, in which the government’s role was mostly limited to the enforcement of contracts. The assumption underlying this tradition was that individuals (human and corporate) are free and competent to make whatever business arrangements suit them, as long as these arrangements do not involve illegal activity.
As for Patrick’s case, he can claim for tort liability on RTE and on DART. Patrick can still claim for tort liability from DART even though his Psychological Injury is indirectly caused by the accident and even though his proximity is very far from where the accident happened because the ruling on Bourhill v. Young (1943) holds for this case.
Juries presiding over such partnership cases have got various points from which they put into consideration in determining whether the matter at hand passes the test of being considered as a partnership case. In the Bill vs Ben case, the ultimate guiding proof would’ve been the presence of a formal agreement.
Rogers J in Daniels v Anderson sought to highlight the standard of duty of care and the issue of reliance in the delegation of duty (delegation doctrine). Rodgers J states that a director is justified in trusting officers of the corporation to perform all duties that, having regard to exigencies of business, the intelligent devolution of labour and the articles of association may be left to the officer.
An offer is a promise made by an “offeror” that is capable of becoming binding upon being accepted by the “Offeree”. It can take the form of an act or maybe in the form of an oral or a written statement(Burton 2009, P. 46). For an act or statement to be considered as an offer it must be proven that the offeror was willing to be bound by the terms as was held in Harvey V. Farcey (1893) AC 552.
According to the facts and patterns of the contract, the contract is valid and enforceable. John's negotiations to build a house extension for Chen are demonstrated. The condition for John to finish the building by the set time was reached. The background facts established between them involve an incomplete contract.
By the statement from the vice-chancellor of, the University of Central Lancashire every individual has a responsibility to ensure fire safety in the compound. This has been in accordance with articles 8 to 22 of the Fire Safety Order. This is also supported by BS 9999 which provides for a given degree of responsibility when designing fire safety.
The significance of a Fire Safety Management Plan cannot be emphasized completely. Recent decisions from civil courts related to fire have placed responsibility on building owners for failing to comply with existing Fire Safety Management Plans. These consequences far exceed the cost of developing and maintaining a plan.
The defendant was not liable as they took reasonable precautions by maintaining the removal of outer trays, and ensured convebeltsbelt and portable radios for communicating. The oven temperature was at 400 and the company was entitled for ignoring it. The defendant reasonably anticipated that workers would rely on a precaution statement.
The issue to be considered here is the enforceability of the contract between the mother and her child. What is the difference between a social agreement, domestic agreement and commercial agreement? For many years, the law of contract has explicitly distinguished between domestic agreements and commercial agreements.
Finally, a party enters the factory knowing the condition is endangering his own life. This means that he or she is responsible for the death. Knowledge of the place includes being warned but adamantly getting into the factory. This is an outright failure on the side of the victim which does not guarantee him/her any compensation.
An occupier of a building or premises does not only owe a duty of care to a visitor of that building or premises, but also to one who is not an invitee of the occupier, meaning that such an individual is a trespasser to that building or premises. This is the principle laid down in the Occupier’s Liability Act of 1984.
Electricity to the building had been disconnected. This rendered it dangerous for any person entering the building. As such, it would be hazardous for the employees working in this building. A few signboards, indicating danger had been placed on the sides of the staircase. This does not provide an adequate warning regarding the possible risks.
The entities offer employment, offer a reward to the owners in terms of income, contribute to the taxation base, contribute to innovation, and so on. The concept of free enterprise in any given nation and within her industrial fabric accepts the fact that both public and privately owned institutions can own and operate enterprises in any form so long as they are within the approved legal framework.
It is essential to state that the case argument and legal research entail the breach of contract, which occurred between Peter and John. The argument and research are based on the rule of law in the order of wine and making business with clients over a bottle of grange hermitage; an Australian experience.
Nuisance is of two kinds: (1) Public or Common Nuisance: Public Nuisance is a crime whereas private nuisance is a civil wrong. A public nuisance is interference with the right of the public in general and is punishable as an offense. To avoid a multiplicity of suits under common law Public nuisance is an offense punishable under criminal law.
After three weeks of use and clocking up 140 miles, the car engine seized up on the motorway due to a drop of sealant, which had infiltrated the lubrication system on manufacture. It was held that the car was not of merchantable quality and that a consumer would not expect that the engine of a new car will cease up after 3 weeks.
The worry for people is that though studies confirm that there is a relation none has been able to point towards ways in which this could be reduced at an early age. This has led to an increase in the dangers and as a result, the number of people committing suicide is increasing as people can’t take the pressure of being called criminals.
There has been considerable discussion also as to whether justice is a simple or primitive value in terms of truth, not further reducible into component values. The only fruitful way to pursue such a question, in a work of the present kind, is to allow what answer there may be to emerge from whatever else can be said about law, justice and truth
Animal abuse refers to acts against animals that harm them or make them suffer. Animal abuse does not only refer to violent acts against animals, it also includes acts of neglect that lead to the suffering of animals (Burghardt, 2009, p. 449). This is a highly debated issue with numerous scholars and authors paying attention to it.
Bob cannot make a substantially self-employed contribution to super because the superannuation act dictates that, legibility must be attained on this contribution by seeking a part-time job upon retirement (Beal, MacKeown & Davidson, 2001). It is imperative to note that, this condition is not workable on Bob’s choices since he is not ready to take up a part-time job.
It is really essential to state that drug trafficking is a criminal offense in many countries and may lead to imprisonment for a minimum of ten years. The traveler becomes liable to Aboria’s local law when he arrives there. Once arrested, the Australian Consular cannot be able to get the suspect out.
The main point in Ronald Dworkin’s theory of Constructive Interpretation of legal practice is the notion of Law as Integrity. This notion holds that as much as possible, judges should apply legal rights and duties bearing in mind that they were all created by the community as a unit and that they are an expression of the community’s conception of justice and fairness.
Section 124 of The Corporations Act of 2001 gives companies equal legal capacity with individuals including the power to make contracts and enter into an agreement (Farrar 2012, P. 43). Section 125 of the same act further states that an act done by the company, including entry into a contract, will not be invalidated on the mere basis that it is beyond the powers given by the constitution of the company.
There are four main essential elements of a contract in common law jurisdictions such as Australia. They include offer; acceptance; consideration; and Intention (Burton 2009, P. 45). An offer is a promise made by an “offeror” that is capable of becoming binding upon being accepted by the “Offeree”. It can take the form of an act or maybe the form of an oral or a written statement (Burton 2009, P. 46).