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In the case between ARBOS and Carol, the product had a defect at the time of purchase according to the confirmation of the expert. Therefore, Carol can force the retailer to repair or replace the laptop because the good was not of good quality and hence not fit for the purpose as required by the Sale of Goods Act.
The author states that one of the approaches of this agency is the assessment and management of risk of sexual offenders who are released back into the community. Earlier, they used a static risk assessment tool called the Risk Matrix 2000 for assessing risks of sexual offenders reintroduced into the community.
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The doctrine in Salomon’s case has been held to be a two-edged sword where it has been established that at a general level, it was a good decision. This is because it established that corporations are separate entities. The case gave the company all the requisite attributes that made them become the powerhouse of capitalism.
"The case of Broeks v. The Netherlands” is the best illustration of article 26 of ICCPR offering safeguards from discrimination that is not associated with either political or civil rights. If a State law is discriminatory, article 26 of ICCPR can be applied with or even if the issue of the law falls not under the provisions of ICCPR.
It is quite essential to state that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the regulations) came to effect in the UK on June 13, 2014. The aim of formulating this law is to regulate the transaction and contracts made between a trader and a consumer.
It is essential to state that in the present business context, the purview of transparent business conducts and ethical concerns in company formation has gained considerable importance in the global business environment, which is already affected due to aggressive competitive challenges (Mallin, 2013).
In conclusion, the paper suggests that increased assaults can be reduced not by exposing offenders to harsh situations but by having a strong relationship with the public. Strong community relation will enhance police respect hence reduce assaults against the police officers.
According to the case scenario, Andrzej and his family have moved to the UK from Poland. In the UK, Andrzej and his family have faced challenges due to discrimination. It has been identified that Andrzej has received lower wages than the UK nationals working with him have. The UK nationals also enjoyed more benefits and holidays than Andrzej.
In the famous leading case Salomon v Salomon & Co, it was held that the company is distinct from its members. It has a separate legal identity, and it is a legal person and can own assets in its own name and borrow money in its name for business needs. A company can sue others or can be sued by others.
It is apparent that the statutelaw which are legislated through Acts of Parliament, are the most important internal sources of English Law. In 2005, for example, there were 24 general Acts of Parliament thatwere passed and an additional 3699 Statutory Instruments. All these had a direct effect on the domestic legislation of England and Wales.
Several theories exist that are used to explain the emergence of criminal behavior. This paper will briefly examine the theory of social disorganization and its implications on policy. The theory came into prominence in the 1940s and was propagated in Chicago by Shaw and Mckay while studying juvenile delinquency in Chicago neighborhoods (Inderbitzin and Bates, 2013).
The retributivist theory has been applied to various punishment institutions all over the world. However, much criticism has been directed toward it. Arguably one of the reasons for criticizing the theory is based on the fact that it does not give enough reasons for why offenders deserve the punishment that is usually harsh.
The Bill of Lading would serve as a Document of Title when there would be issues regarding ownership of the vessel, for instance, if there are concerns with pirates seizing the vessels or any other party claiming ownership over, it would serve as a Document of Title.
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Laws and regulations have been imposed for three decades already, yet rampant disobediences are observed. This observation made me be interested in laws that cover protection to these animals. It is noted that there are thousands of animals on the earth that could not be covered by the study, so I have limited it to laws covering farm animals
In order to stay ahead of the competition, companies have also been operating in a manner where they can surpass the operational effectiveness of their rivals. However, in order to limit the conduct of companies towards an ethical and legal direction, it is important that a particular legal boundary needs to be set to encourage companies to have an alignment between their policies and social responsibilities.
The Banking laws under various statutes in the US provide that persons desirous of forming a bank to have them incorporated under a charter specifying their powers, rights, and duties. This decision is usually based on the requirement that the new bank attains a status of a national charter bank
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Right from the various researchers of domestic violence to the National Coalition Against Domestic Violence (NCADV), an organization recognized as the national voice in the US for the organizations against domestic violence, the feminist ideology is evident. It makes them blind to the wider scope and impact of domestic violence.
The Giant plc is putting a claim on Hatchet & Company, an accounting firm, for fraudulent misrepresentation by falsely stating their profits on the higher side recklessly without proper verification. The fraudulent misrepresentation then misguides Giant Company’s decision on its potentials in the stocks market.
The Human Rights Act 1998 has modified matters in that Parliament has expressed that - "A court or tribunal deciding an inquiry that has emerged regarding a Convention right must consider any - (a) choice... Of the European Court of Human Rights ...." Here is an unequivocal order to the judges from Parliament - "must" consider.
The Law Lords decision in Salomon v Salomon & Co Ltd established the doctrine of separate legal entity or corporate personality. Accordingly, the company was deemed to be separate from its shareholders. This decision deemed companies as distinct legal entities. In addition, this decision made it possible to transfer legal obligations from individual shareholders to the company.
The Equality Act 2010 is the main legislation governing discrimination in the workplace in the UK. The act brought together different discrimination provisions and harmonized them through the concept of protected characteristics that encompass the old grounds that prohibit discrimination that includes disability, age, religion, race, and sex.
The Vermont government has been thinking about a decree to request Congress to release disclaimers to states that want to push down the minimum age, and supporters of liberalization are drawing public attention nationwide (Frost et al., 2009). A widespread issue is that the age-based ban has not been more ‘effective’ than the universal ban.
It is essential to state that English Company law of the UK is a regulation of corporate formations; guided by the Companies Act of 2006, EU directives, the UK Corporate Governance Code, the Insolvency Act of 1986, and most important court cases. It is one of the legal vehicles and a primary jurisdiction of businesses.
All employees as provided by this act shall have the right to form, join or assist labor unions; collective bargain through representatives of their choice; to engage in activities that whose aim is a collective bargain and to not participate in such activities if they choose to unless otherwise stipulated in the labor union agreement.
The equality law depicts an enactment that came to be in the United Kingdom following the need to enhance the existing victimization laws. The law, therefore, was established to strengthen the existing laws by giving a more concise outline of issues that the previous laws did omit. The act also made the contents of the existing acts simpler for the awareness of the laws to all attributes of comprehension.
The external sources of English law including the European Union law and European Convention of Human Rights are more valid in the jurisdiction of English and Wales. The internal sources of English law interjecting Common law and Statute law are a bit more outdated but are still used in certain court decisions.
Most legal professionals argue that every branch of law is based on a particular case that formed the fundamental essence of that branch of law. Therefore, there are landmark cases that spell out various branches of law. Thus for instance, in contract law, the case of Balfour V Balfour creates the premise within which contracts are segregated from other aspects of the law.
Opponents of the three-strikes laws believe that the appetite for conducting offense and violence reduces as an offender age, so it is financially burdensome to keep them imprisoned for decades; “The twentysomethings with a seemingly insatiable appetite for violence become forty-, fifty- or sixtysomethings.
In the context of company law, directors act as agents of corporate governance on behalf of shareholders. Directors execute the duties of their offices in accordance with the business objectives of a corporate organization. In most cases, numerous directors under the Board of Directors umbrella deliberate on the important issue of an organization.
From the corporate description, the term director generally points out one responsible head that analyses and regulates the functionality of an organization or projects in a manner that appears favorable to the cause (Australian Institute of Company Directors (AICD), “Roles, Duties and Responsibilities”).
The international community should be more vehement in pooling resources to address the problem. Since this is an international disaster, imagining what would happen if the spread would continue to other parts of the world, then more resources and efforts need to be put in to ensure that the disease is eradicated.
This Convention constitutes a universally agreed upon group of obligations and standards that are not subject to negotiation, which protects and support children’s rights. Moreover, its Optional Protocols pertain to first, the protection of children from child pornography, prostitution, and trafficking; second, the prohibition of recruitment of children in armed conflict.
The European Convention on Human Rights (ECHR) is known for its influence in EU member's constitutionalism as one of the most influential sources of English and Wales human rights provision. Drafted in 1950, the fundamental freedoms and civil liberty laws of the United Kingdom and across the EU members borrow heavily from this document.
It is expected that these rules and regulations apply to all people irrespective of their differences. While many of these rules and regulations are supposed to be internalized by people in those particular communities, they can sometimes forget and engage in practices prohibited by such systems (Hanrahan 2008, 24).
Constitutional law plays one of the most important roles in the application of these reforms and their execution. The violation of any law in Great Britain causes strict sanctions, not legal but political ones. It becomes clear that the legislative system of the UK is one of the most organized in the world.
There is no hesitation that police work may be difficult, and it deserves much admiration and respect. Nevertheless, police officers have the ability to harm more people than nearly any other profession in the world. Police officers ought to be trained properly so as to ensure that they are using the authority in the best interests of the society.
The low-interest rates ushered in by the Federal Reserve in the wake of 9/11 to boost the American economy led to positive developments in the local real estate markets. Many Americans wanted to profit from the soaring real estate prices and they did not mind availing loans at exorbitant interest rates.
Depending on the nature of the industry or sector of the economy under which an employer operates, the documents necessary for maintaining Human Resource records may differ from one organization to the other. However, there are basic documentations that every employer must maintain to comprise the Human Resource records.
The case Highland Yacht v. Jim Nimitz falls under the law of contract as well as under the law of sale of goods. Jim Nimitz accepted to purchase a boat from Highland Yacht at $50,000,000. On the other hand, Highland Yacht sold the boat to Jim Nimitz at the agreed price. However, Jim Nimitz requested a modification on the boat, which cost Highland Yacht an extra $4,000,000.
The Board of directors from Bio-sport Company seemed concerned that employees using working hours to browse, Facebook, or socialize with others may negatively influence the performance and future company prosperity. As such, they approached this issue through a relationship lens paying key considerations to the concepts of “moral ecology”.
The paper “Aspects of Contract and Negligence for Business” is a useful example of the law case study. A contract is a legally binding agreement that is established through the mutual consent of two parties. The parties involved may have known each other as an accountant and a client with a business.
People can freely move from EU nation to the other and work, reside and get educated in the same while enjoying all the social and legal rights. However, any illegal activities of the migrant people can impact a particular society and certainly lead to termination of their residential and social rights offered by the free movement law of the EU.
The approaches provided by the Commonwealth Chemicals Commission on the two instances (Sara and Julian, and Brigitta and Evo Pty Ltd) do not present the commission as a neutral pursuer of offenders. The parties in both cases should be tried in accordance with the provisions of the Importation of Prohibited Substances Act (2012).
The United Nations (UN) was established in 1945 by the international community to protect international peace from threatening behaviour, for example, the special measures that have been taken by The Secretary-General to protect civilians in host states from sexual exploitation and sexual abuse, and for the purpose of preventing and addressing instances of sexual exploitation and sexual abuse.
The judicial proceeding and the ultimate judgment is determined by a multiplicity of facts, Court precedence’s, historical development of crime and the social consensus of the necessary punishments. Moreover, justice has to take in mind the moral and societal evolving standard when determining a death penalty of any other case.
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Advancements in criminology are founded on a virtually unending stream of criminology theories. The development of each theory is aimed at explaining numerous factors that ultimately result in the growth of antisocial, delinquent, and criminal behaviors. Just as there are multiple theories of crime, there are extraordinarily varying factors identified as outstanding to the origination of criminal behavior.
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Access to legal services is a priority in governance. One of the characteristics of legal services is equality in service provision. The legal systems have been faulted for failing to ensure equality in legal service provision, in both developed and developing worlds. The problem identified under the provision of legal services is a general lack of access to legal services for those people who need these services the most.
The Treaty of Lisbon created innovation in the governance similar to a federal system but it did not provide any concrete changes in the way that the Union is operated and there are already demands a more responsive and updated treaty from the supporters of a European Federation given the current economic, political and international context.
Law is an important part of contemporary society. Civil society cannot exist without the persistence of a legal framework. Law has certainly made different societies problem-free and peaceful. Under the realm of different Acts, enforcement law is one such act, which protects and prevents society from crimes.
On the other hand, in the case associated with arguments pertaining to legal issues, the author explicitly cites this, “Over 30 years ago, the Supreme Court said, in a decision called Mississippi University for Women v. Hogan, that the law should be devoid of ‘fixed notions concerning the roles and abilities of males and females’” (Rosenblum).