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During the Bosnian conflict, both sides of the divide were accused of engaging in atrocities and crimes against humanity by instigating ethnic cleansing and genocide. Both sides of the war were accused of committing these atrocities and this called for the need of developing a tribunal to investigate and punish the offenders.
Implied terms are useful for the reliability of the contractual agreement with the purpose of ensuring dealing in business, attain fairness and diminish the hardship among the involved parties. These terms are implied upon the concerned parties in their contractual agreements with the assistance of statutes and courts.
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Shane should form a business that deals with marketing consulting services to make the maximum profit. Marketing consultancy is a type of service that the company offers to other firms that sell products and services to gain a larger market share. Marketing consulting firms develop innovative strategies that aim at successful selling and promotion of their client services to the target customers.
Generally speaking, the death occurred in a manner that both of the parties would have reasonably prevented. The mother would have been more watchful of the son whilst Brian, on noticing the risk would have raised a warning. Brian was thus careless on the matter and would have had some prior precautions.
The author states that the gap between the rich and the poor has continued to grow. Additionally, the poverty rate is still growing in many welfare states across the world. These trends have been attributed to various factors including globalization and transnational forces. This will be addressed in detail later in a different section in the paper.
It is essential to state that the issue with this case is about the rights of Unique.com to dismiss Denise based on the breach of an exclusivity clause. This can be determined by examining whether the labor relationship between Denise and Unique.com is a contract of employment or a contract for services.
It is quite essential to state that the role played by the Union remains to attract much speculation in what seemed like a failure of the community and go too far in violating the international policies that determine how countries and the union ought to get involved in the functioning of the other.
A contract, also known as an agreement is a legally enforceable agreement between two or more parties. The agreement outlines the roles and obligations of each party in the agreement. The United Kingdom has systematic contract laws to help in the enforcement of such agreements. The laws consist of both common and statutory laws with each providing articulate ways of approaching every unique case.
The author states that the owner ensures the safety of the residence against fire, health hazards and protection from infection. The owner should use asbestos-free materials in the construction of their premise to avoid residence contracting deadly diseases. The fire and health safety precaution is the responsibility of the owner.
The different employee hiring policies that exist in Maryland and the US in general influence different business entities. The influence on the private security sector is, however, of great concern. The different employee hiring policies lead to immense effects on private security in the State. These policies influence all the functions of the hiring process.
Practical benefits could be observed for consideration in some cases where the real and monetary considerations could not be found. The builder had confessed that he promised to pay an additional amount on the completion of work. The work completion was due at the time when he made the original agreement.
The decision of the first court convicted Hilda Gondwe Da Silva of assisting a person to hold a criminal conduct benefit while there were suspicions that the said person had been involved in criminal conduct. Through this action, Da Silva acted against the Criminal Justice Act 1988 section 93 (I) (a).
The concept of separation of powers is a critical part of any constitutional law. Montesquieu, who strongly opposed to vesting powers in the hands of one arm of the government, advocated the development of the model that allows the separation of powers between three branches of the government.
Mens rea is insufficient for establishing fault. An element of mens rea is essential for treating a defendant as being liable for the outcomes of his actions. It would be incorrect to conclude that every actus reus element necessitates a corresponding requirement of mens rea. It may be justified to determine the presence of constructive liability.
The core aim was to stop any person from using a sign, mark, device or symbol that is used as a trading name or trade-mark by a competitor to lure the purchasers falsely into buying different products or goods rather than buying the authentic goods due to misrepresentation of goods being sold and they belong to another person.
In summary, the Gaza 2014 war between Israel and Palestinian Hamas was a culmination of historical events that are centered on the Palestine land issue particularly the failure of establishment of an Arab nation following Israel’s occupation of the territories allocated for the envisioned Arab state over the years since 1948.
To enhance adequately realize flexibility and certainty the use of precedence law the British judicial system is encouraged to accurately distinguish case on the basis of evidence provided as well as judges to exercise full power in revising and overruling cases in favor of justice. This will help eliminate unnecessary impedance on flexibility.
Given a choice, the ship-owner would rather flag in his own country, provided that such a move would not occasion unnecessary litigations in courts. In other words, the best choice to the flag is through open registry system, either through a bareboat charter or any other option that is friendly to the investor.
The law of adverse possession specifies that, under certain circumstances, a trespasser can gain legal ownership of a piece of their land. This law of adverse possession was applied in the United Kingdom until the signing of the Land Registration Act 2002. If the squatter occupied the land for a period exceeding 12 years, the owner of the land could not lay a claim on the same.
Rome’s Treaty offers protection against discrimination related to race, such as between natives of Member States and gender discrimination in pay (Articles 6 and 119 of the Treaty of Rome 1957). Article 119 requires the Member States to promote and sustain the utilization of the ideology that all workers should receive uniform pay for equal work irrespective of their gender variations.
The historical existence of the European Court of Human Rights (ECHR) can be traced back during the period of 1959. This judicial organization is regarded as one of the most profound regulatory bodies, which projects active involvement in situations wherein there occurs a breach within the protocols of human rights.
The United Kingdom has an uncodified constitution that gives much respect and dignity to humanity. The fact that the uncodified constitution does not coerce the citizens to remain obedient to authority makes it accommodative to all, giving people the power to express themselves freely and give their views.
The case is complicated further by the fact that the tenancy is registered only in the name of Johnson and Patsy is not legally recognized as the joint tenant in the property. Several details point to the existence of a mutual understanding that the ownership in the property was shared and both Johnson and Patsy were contributing to its ownership and maintenance.
Generally speaking, the establishment of this bill is based upon the emphasis that has often been laid by the UK Government in relation to the security of the nation. The passage of this law in the House of Commons will require that a consensus is achieved, and effective consultations are undertaken.
Many people, including government officials and regulators, have come to understand that prohibiting drugs has failed in so many ways. However, a significant issue in relation to drug law reform has related to a general fear of what is not actually known. The book, ‘After the War on Drugs: Blueprint for Regulation’ has secured answers through specific regulations for different kinds of prohibited drugs.
There are mainly four qualities that the organization in the state strives for. Firstly it is required that the state must possess a well develop existing infrastructure which facilitates the organization to conduct some basic functions. Secondly, it must have the facility of easy access to the local resources that are required to fund the income.
Promissory estoppel can be employed as a shield and not as a sword for effecting a cause of action, as described in the case law discussed above. To a considerable extent, the doctrine of promissory estoppel comes to the assistance of debtors, when their debts have been gratuitously forgiven by their creditors.
The author states that the directive especially focuses on data that can exclusively identify a person. This data could be image or address of an individual. Compared to the privacy laws in the US and other countries, which are rather pieced-together, the EU directive is a bit different regarding its tough standards and enforcement or penalty policies.
The role of forensic evidence in the determination of cases came under criticism in the Jill Dando case that saw the conviction of Barry George, the suspect in the murder case and later to his acquittal after his third appeal that was heard with the exclusion of forensic evidence succeeded. Jill Wendy Dando was born in November 1961 and faced her death by shooting in April 1999.
Both the mensrea and actus must normally occur in tandem i.e. the criminal intent should precede or occur in coexistence with the criminal act. In the event of a criminal trial, the prosecutor is usually tasked with burden of proving actus reusand mens rea beyond doubt and tries to bar any successful defence.
This paper examines the options and processes necessary for the incorporation of a Sports Bar Franchise. The entity has a place where drinks are sold and customers can watch multiple sporting events on large television screens and socialize. The entity is to be registered and administered by a group of private owners.
The theory of legal realism argues that law itself is not based on ‘logic’, but rather on ‘experience’. Although the theory of realism has contributed to law as a science, it has been criticized as failing to acknowledge the value of ‘diagnostic’ and analytical techniques in law. A similar criticism was made by Constable who said that legal realism too quickly dismisses the predictive value of ‘legal speech’.
Copyright is applicable to all expressed representations of creative works and grants the holder a set of certain rights to license or use their works, and the rights entail reproduction, public performance, distribution, and control over copied or derivative works. When a work qualifying for protection is created, a copyright will automatically arise.
The doctrine of separation of power should not be understood in the context of understanding the word separation as it applies in common English grammar. Looking at his comment, one gets the impression that Howard believes that the separation of power necessarily means that these powers work separately.
Tattoos have been used since prehistoric periods, and their meaning varied from culture to culture. Although the history of tattoos began thousands of years ago, it became increasingly prevalent over the last few decades. Today pop-culture icons and other celebrities wear tattoos in order to meet their fashion needs, enhance physical endurance, and to reflect sexual notions.
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.
The prevalent obligation is accommodated in Rome Statute Article 28 and ICTY Statute Article 7. The component secured by both statutes of charge obligation requires the presence of a subordinate association with a viable control, men's rea, an exclusion to keep wrongdoing, an obligation to rebuff the wrongdoing and causation.
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There are three basic resources that would be used in the proposed research. They include the Strength and Difficulties Questionnaire, online survey platform, and data analyzing techniques. The SDQ would be a suitable way of gauging emotional difficulties experienced by children. The online survey platform would provide an alternative way that the respondents can use to protect their anonymity.
The interpretation of statutory provisions is now more of a burden because of the inquiries made in the Pepper V. Hart case; the court never upheld the fundamental rights. The extent to which extrinsic aids apply when interpreting statutory provisions relative to the case depends on the context of the evidence and the core references.
The paper will examine a number of issues ranging from family jurisdiction and the extent of children’s right application of the Section. The paper will comprise of six sections, each addressing a number of subtitles. This section provides three integral components; it will give a comprehensive background that led to the creation of the section of the Act
Fundamental human rights are rights available to all persons by being human and they are non-derogable. The European Union is based on values of human dignity, equality, rule of law, and respect for human rights among others. The development of human rights was inspired by the Universal Declaration of Human Rights of the United Nations.
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In conclusion, it can be deduced that, although there are wide differences in the comparison of the works of the four writers, a few notable similarities can be underlined. Clear differences emerge on the sources of power, roles of the authoritative figures, and the general scope of the government authority.
The paper "Efficacy of the Affordable Cost Act 2010" is an outstanding example of a case study on the law. One of the fundamental Acts in the history of the United State is the Patient Protection and Affordable Care Act (PPACA) that was signed into law in March 2010. Its provisions as projected were to come into play from January 1st, 2014 as a deliberate government effort towards achieving universal health care.
Requirements for becoming a Canadian shipping agent: For one to become an agent, first he/she must have a contractual agreement with the principal. Secondly, the principal must place the agent in a position of perceptible authority and permit the agent to represent him or her in all dealings in the same capacity as the principal could.
The problem with capital punishment arises with discriminatory or capricious distribution among the guilty, but this problem cannot justify capital punishment's abolition. Discrimination between white and black skin coloured criminals on the infliction of capital punishment does not make the penalty unjust.
Unlimited liability is a disadvantage because partners are forced to lose their personal property if the firm is insolvent. Partnerships exist for a limited period; they can be terminated due to a lapse of time, mutual agreement or bankruptcy of any of the partners. Lack of perpetuity is a drawback since minor issues can lead to the winding up of the firm
There are two major conflicting philosophies that have since dominated the very development of obscenity law, namely the ‘conservative’ and ‘liberal’ philosophy. Obscenity is determined by looking at the intrinsic wickedness, and this would determine whether that material poses a threat to the organizational structure of the said society.
Millions of private plans that did not meet the ten essential health benefits were canceled. The costs of replacement insurance might be higher. Another disadvantage of the act is the loss of company-sponsored health care plans as businesses will find it very cost-effective to meet the penalty and let their workers buy their insurance plans. (Blumberg et al., 4)
Under the new blueprint “health tourism”, NHS patients in the UK will be offered the privilege to opt for free medical treatment in any of the 27 member nations of the EU. This new scheme is mainly intended to offer patients in the UK greater ease and freedom where there have been long waiting lists of patients for operations is reported.
Allegations have been put across that the law relating to the joint enterprise is intricate, controversial and draconian. The above comment will clarify why it is so while considering the association amid joint initiative and murder. To preserve this comment to a rational extent, an assumption will be made regarding a particular understanding of the law of complicity.