Law Essays

Client AM is likely to be charged with three major offenses: abusing a bouncer at Jokers as a ‘fatso’, battery charges for injuring the bouncer with a bottle, and last charges are likely to be on the fact of client AM concealing information and failing to report to the police who were on patrol about the danger posed by Brenda.

Evidence that the Contract between Printco and Worldnews is in a proper form is shown by the presence of a clause to arbitrate any dispute in the contract using New York law. This clause shows that the contract is in written form. Therefore, with all the elements of a contract present, the contract between Printco and WorldNews is legally binding.

There are factors to be considered before the insurance company covers the risk that is likely to take place. Insurance companies make their decision based on the information that a beneficiary is giving. However, there are rules set by the Insurance Contract Act 1984 that need to be observed so that the contract can be legal 

Following the conversation between Dr. Doe and Stein, the offeror did not revoke the offer though he did not wish to work for something less than the amount he stated in his offer. The statement Dr. Doe issued to Stein does not constitute a revocation of an offer. The statement was just a reaffirmation of his offer.

The law in general dictates that where an offer is made in a contract agreement, and where there is no expression of a time limit, the offer is presumed to have lapsed when the other party declines without accepting the offer. However in this case the time did not lapse and Nicholas did not depart from the contract without responding to it.  

Brew U entered into a contract with Jane to supply beer to the party and this meant there was a relationship creating a duty of care on both parties. The duty of care to supply beer that was fit for human consumption was breached the moment Jackie and Philip who ingested large quantities of the beer were admitted for food poisoning 

The contract has a language that is so obscure and so incapable of any precise or definite meaning. In this regard, SCT ought to have sought legal redress to help it enter into the contract. Seeking legal redress, in this case, relates to understanding what jurisdictions within Taiwan explain regarding such a problem.

The principle of equitable and reasonable use is the basis of the UN Watercourses Convention and the main rule that guides international watercourses sharing. The watercourse State is entitled by the principle to an equitable as well as a reasonable share of the benefits ad uses of the certain watercourse.

Some of these are, the necessity for the knife on religious grounds, as in the case of the Sikh community; requirements of a person’s work or study; for use in cooking or consuming food; and use in legitimate sport or recreation. In addition, there should be a reasonable necessity for carrying the knife at any particular time.

Several individuals have heard or are even able to understand the meaning of civil law or criminal law but very few are familiar with commercial law. If they were to be asked, they would refer to commercial law as a law governing the day-to-day activities of individuals or transactions that are conducted locally and within society.

If Felix becomes a registered proprietor of Land in circumstances under which he is bound by both Carlos’ unregistered interest and Eagle’s unregistered interest a conflict of priority arises between these two unregistered interests. The relevant priority rule to be considered in this case is the equitable v equitable principal.  

Common law is also referred to as precedent or case law. Its development is often by judges based on various courts’ decisions. They are opposed to the statutes that are adopted through a legislative process or other regulations emanating from an executive branch. In most cases, the common law system is known to be a legal system that gives massive precedential weight to the common law.

Bill Smith carries on a business that is valued at $1,500,000, with an aggregate annual turnover of $2,643,557 for the 2011-2012 financial year, with a Capital gain of $886,000. Bill is aged 66 years hence his qualification for CGT Concessions. In the first instance, the disposal of his assets can be considered as a CGT event.

Pat is a computer software consultant who entered into a contract with Big Industry Ltd. According to the contract, Pat was to design four computer programs that will be used to run automated manufacturing machines. Pat chose this contract hoping it would lead to work that is more lucrative in the future (Vogenauer, 2006).

Female infanticide refers to the deliberate killing of infant girls because of the preference attached to male counterparts as well as the low value attached to females. This phenomenon remains a serious concern in many countries, the worst hit being China and India. Just to reflect on this practice historically, it is important to note that female infanticide existed in China even before the formation of the People's Republic in the year 1949.

You are a very good seamstress and therefore want to use these skills to enter into business to offer your skills in sewing, making repairs and sewing school badges and color awards onto blazers. You are thinking of starting a new business and you want my advice on what business structures are available for your new business.

The Corporations Act 2001 (Cth) under section 115 limits the number of partners to twenty. Taxation aspects of a partnership are dealt with under the Income Tax Assessment Act 1997 (Cth) The Partnership Act 1892 (NSW) provides for the three elements that are necessary for a partnership to exist namely carrying on a business, that is common and with the goal being to make a profit.

According to the deceptive trade practices Act, goods that are received as gifts or that are paid for by another might still e considered as having been acquired by purchase. The Court arrived at this decision in the judgment on the case “Kennedy b Sale”; wherein an employee who acquired insurance that have been paid for by the employer was considered as being a consumer for all aims and purposes in the DTPA. 

The correct category regarding employment status largely depends on conflicting tests that were established at common law. The tests the economic reality test; mutuality obligation; and multiple tests) were initially formulated to decide when an employee is liable to a third party for the employee’s torts. 

A company is a completely independent entity, and regulations and rules exist in determining the manner in which the business is operated. For example, the shareholders provide the investment while the same shareholders elect directors to guide the business in achieving its goals and objectives. The directors are supposed to follow the views of the shareholders and other legal requirements.

The four steps that should be followed in tax risk management are risk identification and evaluation of all the aspects that accompany the risk in the firm’s operations, risk reduction in which the managers and the major stakeholders of the firm should design controls to alleviate risks and offer indicators of the possibilities of the risk. 

Section 52 of the TPA does not impose a duty of disclosure. This results in an inappropriate combination of mandatory disclosure and strict liability provisions. (The Treasury, Australian Government) But both being State enacted laws, it is for the judiciary to step in to decide which law would prevail.

Another important recommendation from the Chicagoans to Canberra would be to establish new policies and practices on crimes and family, this can be well done by improving the family violence intervention program, which offers a coordinated society and responses to criminal justice on family violence (Cools, 2009).

The question was whether it is broad enough to offer support to laws that regulate the relations between various ‘constitutional corporations’ and all their employees. The second question was on whether the power should be ‘read down or just limited to avoid overlap or conflict with the existing industrial arbitration power.

There is a clear commercial context for the supply and purchase of skins between the two businesses, therefore an intention to be legally bound is presumed. There is nothing in the facts to indicate a rebuttal of this presumption, and an objective assessment would show their intention to enter a binding contract. 

A person is not liable for harm caused as a result of failing to take precautions against a risk of harm unless the risk was not insignificant. This is a departure from the common law test that a foreseeable risk can be a remoteness risk as long as is not too far-fetched or fanciful’ as per Mason J stated in Wyong Shire Council v Shirt. 

F qualifies for compensation. This is because a motorcycle is categorized as a motor car since it uses oil to produce power to move. He was riding on a road and sustained a physical injury that resulted in a loss of sight after he lost control of the motorcycle as the road was slippery and ended up crashing into a stationary car. 

The conclusion as to Tyson’s liability or otherwise, he is not liable under the tort of negligence because not all the ingredients of the tort would have been in place. However, taking the other route to assume that Tyson was to be liable to me for the tort of negligence, then he may raise the defense of contributory negligence. 

Freud's works were highly welcomed by clinicians and theorists who concentrated unconscious inner operations of the human mind. Wilson James is one of the major players in the development of the socio-biological interpretation of crime. He defines crime as an undertaking disproportionately executed by youthful men dwelling in big cities.

Basing on a community standard of proof was a wrong approach. The approach adopted by the learned trial Judge was unfairly speculative; was egregiously partisan adversely to the appellant, and had the effect of depriving the appellant of his entitlement at law to a summing-up that was fair and balanced.

The defense under section 51(vi) must be applied with a combination of other parts of the Australian constitution. Though the defense power is well positioned to eliminate terror crimes, it faces some limitations. The inclusion of the words naval and military in section 51(vi) does not clearly define whether terrorist acts fall under this section

Civil society organizations may use the internet to support their activities in a variety of ways including logistical organization and the public dissemination of information, (Kalathil &Boas, 2001). It undermines authoritarian regimes by either pressing for an initial opening or triggering scandals that delegitimize authoritarian rule.  

Document all important decisions made to create valid evidence in case any future legal implications arise. Additionally, one should be careful to exercise a standard of care in all situations where one may be reasonably expected to do so. To ensure this, evaluate the persons to whom the decision may affect. 

Formation of this company does not involve any family matters and therefore an issue out of question. A derivative action needs to be taken because as active directors of the company, Jason and Peter have acted unfairly acted towards Mary and contrary to the running of the activities including defrauding the company of money through conspiracy.  

Even though MFN applies to all services, several special temporary exemptions are allowed. When GATS came into force, several countries already had preferential agreements in services that they had signed with trading partners, either bilaterally or in small groups. WTO members also agreed to maintain these preferences.

Assume the Tribunal does have jurisdiction, and that the matter is not settled but proceeds to a final determination by the Tribunal. What final decisions will the Tribunal likely make? The Tribunal as an independent body will conduct reviews on the merits of administrative decisions made by officials and authorities. 

It is essential to state that the information we received was that a victim’s neighbor heard a loud verbal argument between the victim (woman) and her husband. The verbal argument turned into the victim screaming. Additionally, we were also informed that the coupled lived with their child who was 5 years old.

In order to advise Ken regarding his rights and liabilities in the context of the termination of his contract with Excavations Machines Pty Ltd, the following issues have to be considered. Whether the statement made by Excavations regarding the capability of the excavator constitutes a term of the contract.

The defendant was accused with a number of charges which included two counts of murder, five counts of exceptional brutality causing bodily harm and unauthorized possession of a firearm.  The defendant pleaded guilty to possession of an illegal firearm but pleaded not guilty to murder and brutality.

In order to determine the taxable income, there needs to be a determination of what the taxable income found by subtracting assessable income from deductions as per sections 4-15 of ITAA97. Income is therefore considered as salary, wages and payments based on them being periodical, recurrent and regular.

The legis actiones were considered as actions-at-law or procedures that were formed to establish a form of litigation. Under the legisactiones procedure and formulary system, the trial of any action to be taken was remarkably implemented through two main divisions, before the magistrate who was held responsible for the supervision and arrangement of all the preliminaries.

The determination of whether an activity being carried on is a business or hobby is important because, under the tax law, there are certain advantages that are extended to a taxpayer as well as certain obligations imposed on the such taxpayer. Whilst a mere hobby is not subject to taxation, this advantage can be a disadvantage because the losses incurred cannot be deducted from assessable business income.

It is essential to state that a contract can be described as a legitimately enforceable settlement between two or more parties that compels each party to fulfillment of certain activities.  According to Bernard, (1987), the term party may be intended to mean an individual, a company, or a corporation.

From the case study, there is a valid enforceable contract between Pat and Big industry ltd. We have been told that both parties met and signed a contract where Pat had to create four system programs that he would complete within the specific time. Big industry ltd agreed to pay Pat $25,000 when he delivers the work.

Mary, an owner of a hotel/night club realized that the performance of her business had been low, and hence, she decided to promote it by hiring entertainers. She contacted Joe, a promoter for a boy band known as “No Direction” and proceeded to sign a contract with him. With regard to customers’ preferences, Mary confirmed from Joe that the band would perform their famous “love” songs. 

The Essence Pty Ltd is a Victorian company that manufactures and supplies skin care products. A retailer in Adelaide has raised a complaint that Essence Pty Ltd is actively preventing the retailer from discounting any of its products. Specifically, the company cautioned the retailer from carrying out any sales of their products at a price that is less than what is specified by the company.

It is an apparent fact that there are diverse ethical issues that are evident in research undertakings. This is founded on the fact that the research process creates massive tension between the goals of the research towards making generalizations for the good of others, and on the other hand the rights of those participating in the research to maintain privacy (Orb, Eisenhauer & Wynaden, 2000).

With regard to Edward Snowden and the rule of law, professor Stone puts forward diverse reasons towards underpinning his standpoint regarding Snowden's criminality. The primary foundation of Stone’s argument concerns the tenet that no government official with an unelected tag on him should arrogate himself or herself the obligation to make information disclosures regardless of the perceived benefits that such pronouncements may have.

Generally, defamation as a form of abuse in law provides the platform when one is considered to be defamatory to the other party (Regan, 1995). The first instance is when one proves that the article or statement made against him or her was malicious and had the intention to hurt his reputation or feelings.

The tort for defamation depends on the publication or communication of defamatory nature, and not just the words written or spoken. This essay presents a case analysis, where the elements to bring a successful claim of defamation are examined. It also examines the factors to consider in determining the commission of scandalizing contempt, breach of confidence, and whether the source of information can be revealed in defamation proceedings.