Does the Rule in Rylands v Fletcher still have any useful role to play in the 21st Century? To define specifically what a field of law encompasses, be it tort or any of the other fields that the law branches into, can tend to be rather difficult. The definition of the law of tort can […]
It is widely accepted that economic efficiency is the primary consideration and legitimate doctrine when contemplating the goal of competition law. This is agreed upon by both legal and economist scholars. [1] Economic efficiency brings about monumental benefits; it stimulates the economy, reduces the prices of products, and improves development innovation and creativity, creating new […]
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Get help with your assignmentShould Good Faith Have Any Place In English Contracts? This paper will discuss how good faith obligations might be understood into contracts, and also the issue of how express terms within a contract requiring good faith should be interpreted within a contract. I will be looking into a number of court cases; the European Council […]
Incorporating the Law Merchant Into Common Law Analysis the significant developments in the evolution of UK Business Law in the period between 1600 and 1900. Explaining how these developments impact upon the current operation of UK Business Law. In the 1600’s a major development of business law was the incorporation of merchant law into the […]
Title: Discuss the effectiveness of Articles 81 and 82 of the EC Treaty in preventing distortions to the operation of the single market ANSWER In The Wealth of Nations [1], published in 1776, Adam Smith reasoned that countries should strive towards the economic goal of a perfectly free market. He argued that a market undistorted […]
What is double taxation? Double taxation is a situation that affects C corporations when business profits are taxed at both the corporate and personal levels. The corporation must pay income tax at the corporate rate before any profits can be paid to shareholders. Then any profits that are distributed to shareholders through dividends are subject […]
Property rights and the Constitution This essay will discuss the plain packaging laws for tobacco in the Commonwealth of Australia. A recent High Court of Australia’s judgment in the case of JT International and British American Tobacco v Commonwealth of Australia[1] has upheld the righteousness of the tobacco plain packaging laws. However, the manufacturers have […]
MEMORANDUM To Anna Neistat Senior Director of Amnesty International “Recent law in Iran Regarding Contraceptive Measures; Proposed Strategies and Course of Action” Summery Everybody has the right to decide about his/her body without external interference. This right includes decisions regarding the pregnancy and contraceptive measures. In other words, generally no one can impose binding norms […]
Scrutinising the executive is one of the imperative duties of the UK Parliament. It ‘seeks to limit and control the exercise of power by making those who hold the power- the executive- directly and constitutionally responsible to the legislature’. [1] Thus, it monitors power balance by implementing adequate checks and balances of the activities undertaken […]
The Historical Exclusion of Women from the legal profession- A Global Perspective. History is rich in its depictions of old professions, their evolution with time and the way they are shaped presently. Dynamic societies, changing demographics, increased access to education, change in perceptions on gender roles, transformations of the law- all these have revolutionized today’s […]
Modern Day Piracy Examining the Case of Somalia Introduction When speaking about pirates people often envision scenic Caribbean vistas of a bygone era, but today piracy has experienced a renaissance and is one of the biggest threats to global trade and security. In the last ten years incidents of piracy have more than quadrupled going […]
Camera’s in the courtroom although not a new topic still seems to be a topic of hot debate. According to an article entitled, Sotomayor Should Push for Camera’s in the Courtroom just published in June of 2009; A federal judicial courtroom is still deciding about the judges discretionary power to allow camera in the court […]
This question requires detailed analysis on laws relating to ownership of the land and title to items found in or on the surface of the land. As the principle of law states ‘whoever owns the soil owns everything up to the heavens and down to the depth of the earth’. A person having proprietary rights […]
“….There is not equity in this court to perfect an imperfect gift”- Turner LJ in Milroy v Lord (1861)- How accurate is this statement in current English law? In order to assess the accuracy of Turner LJ’s statement, it is first necessary to consider the context of it, and discuss briefly what it refers to. […]
211188 A. When deciding whether or not the courts have adopted a coherent approach to defining “public authority” and “public function”, one must first look to the section of the Human Rights Act 1998 (“the Act”) which addresses this. In section 6, the Act holds that “[i]t is unlawful for a public authority to act […]
Chapter 3 Comparative Analysis of the laws in other countries vis-a-vis India Legislation w.r.t Criminal Law including investigation and Punishment Provisions w.r.t Victim Compensation and Treatment Steps taken w.r.t sale and Regulation of corrosive acids Steps taken to ensure Implementation of the laws at the ground level Legislation w.r.t Criminal Law including Investigation and Punishment […]
Lefkowitz v. Great Minneapolis Surplus Store, Inc. 86 N.W.2d 689 (Minn. 1957). Facts The case Lefkowitz versus the Great Minneapolis Surplus store addresses the common misconception of offers and contracts that can appear in advertising. Lefkowitz, the plaintiff, noticed an advertisement in a local store that offered the sale of fur coats that were valued […]
What form of business organization will best protect you when you start your ice cream store and why? Based on the in-depth reading of the relevant case, the best form of business organization which will be able to protect me for starting an ice cream store is Limited Liability Companies. LLCs is the best choice […]
Initially, when a company is in the condition of winding up, section 176 and 177 [1] would be helpful to overcome the financial difficulties that have been faced by the company. In another words, section 176 and 177 of the Companies Act 1965 will protect the company from liquidation. Therefore, certain rules and procedures need […]
Title How can a Restorative Justice approach work in our current Criminal Justice System? Restorative Justice Introduction Before the Restorative Justice Act was enacted by the Maltese Parliament in 2010 and subsequently coming into force in 2012 with the publication of Legal Notice 43, criminal justice was first and foremost a punishing system as a […]
JUDICIAL DECISION-MAKING AND SOCIAL JUSTICE I INTRODUCTION The judiciary’s collective reputation for impartiality and independence is vital in maintaining the perceived legitimacy of judges’ decisions. According to Sir Owen Dixon, this necessitates judges to accept that they should exercise their power via the techniques of legal reasoning. [1] Despite the general consensus on the importance […]
The American judicial system has always insisted on the jury system despite the changes taking place in the developed world. 90% of the jury trials take place in the United States and most European countries do not understand why the American public is fascinated by jury trials. “Does the U.S. system carry the seeds of […]
This discussion examines the role of the jury in the current judicial system and asks the question as to whether or not it should be abolished under certain conditions or whether it remains a fundamental facet of British democracy. Trial by jury might afford some protection against the (perhaps largely unconscious) bias of the judiciary, […]
Justice Scalia’s dissent in Jaffee v. Redmond The 1996 decision of Supreme Court’s in Jaffee v. Redmond RULED that communications within the relationship of psychotherapist-patient are privileged, other than it as well concurred that the privilege has wider scope. The preponderance issued these decisions above a Justice Scalia vigorous dissent. Justice Scalia blundered equally the […]
Parties whether married or unmarried may contribute to the purchase of a home for themselves, but subsequent events may give rise to a dispute when a relation break up as to the ownership of the property. The problem above is for us to advise Anne upon whether Brian has any claim to a beneficial interest […]
The above problem question requires examination of several legal issues ranging from formation of contracts to questions of jurisdiction and international contract terms. The facts can be simplified as follows: Dear John Plc sells goods, in this case filters, to Vera Rose Pty Ltd. Having purchased the filters Vera Rose, a company which specialises in […]
The Law Commission in its Consultation Paper No. 159 on reform of the Law of Partnership recommended, inter alia, that a new form of partnership be created that would constitute a legal entity distinct from its members. Critically consider the advantages and disadvantages this form of business organisation would have over the present form of […]
Introduction Treaty is an international agreement between states or international organisations. Besides that, it is also one of the sources of international law because in a treaty parties can include rules and law on various aspects. In order to have a proper guidance on law regarding treaties, the Vienna Convention on Law of Treaties (VCLT) […]
TABLE OF CONTENTS 1.0INTRODUCTION 2.0KEY ISSUES AND PROBLEMS Some of the major issues and problems faced by AirAsia in its advertisements are discussed below. 2.1Misleading Advertisements Misleading advertisement is unethical because it distorts and misrepresents a product. This means that the actual product is not the same as what it was advertised. For example, a […]
INTRODUCTION Before discussing the doctrine of equivalents it is necessary to understand its origin and the reasons which lead to the application of the doctrine in the patent law cases. The Doctrine of Equivalents is a doctrine which was judicially originated by the U.S courts. There are various reasons behind establishment of the doctrine by […]
