I am pleased to share with you the progress that has been made to the U S Constitution since the process started. Since the Constitution was first written, persons eligible to vote has widened with the introduction of various amendments. The Constitution has been amended 27 times over the past 200 years and these amendments included the voting laws and legal voting age. The electorate has changed over time to allow many other groups of people to have the right […]
Issue: The legal issue is if XYZ Pty Ltd Can be held responsible for the injuries suffered by Lewis. Lewis a truck driver who drives XYZ truck has been injured at the depot where he attends every day, Monday to Friday, to pick goods for delivery since 2001 after the advertisement they had placed for drivers. The question arises as to if it can be established that XYZ Ltd is liable under the law of Fair Work for the injuries […]
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Get help with your assignmentThe Fourth Amendment in the Bill of Rights was ratified on December 15, 1791. This Amendment protects people from the police searching their homes and private property without a properly executed search warrant. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and […]
Ever since the digital age began intellectual property rights started to become more and more difficult to determine over time. Let along the fact that intellectual property rights were already difficult to handle in the first place before the digital age. To explain further I’ll first go into the features of an intellectual property and what it consists of. Firstly being, it is a form of intangible property. Which means it is something that you can you physically obtain. It […]
Hypothecation: Under this mode of security, loans are provided against the security of movable property, usually inventory of goods. The goods hypothecated, however, continue to be in the possession of the owner of these goods (i. e. , the borrower). The rights of the lending institution (hypothecatee) depend upon the terms of contract between the borrower and the lender. Although the lender does not have physical possessions of the goods, it has legal right to sell the goods to realize […]
Critically evaluate, with reference to relevant case law and statute, how far this statement accurately reflects the current law relating to lifting the veil of incorporation. Introduction Salomon v Salomon[1] involved the principle of separate corporate personality. This states that as a general rule a limited company’s shareholders are not liable for the company’s debts beyond the nominal value of their shares[2]. However, in certain situations courts have ignored this principle[3]. Courts have done this under statute, during wartime, where […]
Mutual Trust and Confidence in Contracts of Employment In order to answer this question one must first assess and consider the law relating to the implied duty of mutual trust and confidence in contracts of employment. This concept will need to be examined in accordance with case law and current working practices. The idea of mutual trust and confidence is regarded as an implied term that is placed into the contract of employment. It is worth noting that other implied […]
1.0 Introduction This issue inquiry requires a dialog encompassing the range of statutory translation. To attain consistency, judges and lawful powers have endeavored to create controlling standards of elucidation. Statute law, dissimilar to case law, gives controls as a solitary verbal equation. The expressions of a statute have a special power which words in judgments essentially never have. Statutory understanding means surveying administrative aim focused around the coupling standards, on standards and on assumptions regarding what Parliament had as a […]
Introduction The corporate insolvency concerns different parties with an interest in the business and those interests may resulted in conflicts and tensions between them. The existence of corporate insolvency law attempts to balance the interests of the competing stakeholders, such as creditors, employees, local community and the public. While on one hand, insolvency law is to focus on the creditors’ interest, on the other hand, insolvency law serves to embrace a wider role as to consider interests of various constituents […]
Trademarks are signs and combinations that identify goods and services of a particular individual offered in a market. Today the trademark is a way to attract the public. Consumers look at trademarks to choose goods and services, which increases the role of trademarks in global marketing. Trademarks are important in the sense that most of the consumers rely on the symbols, letters, or labels that the company attached with its products in order to buy them. Often, consumers are deceived […]
‘Trusts in a commercial setting require treatment that differs from that given to traditional trusts. Some modification is essential if trusts and equitable relationships are to be of utility to commerce.’ Critically evaluate the above view, with reference to case law and literature on both the nature of a beneficiary’s interest under a trust and on the nature of Quistclose trusts. Traditionally trusts were private family arrangements. Historically much of trusts law emerged out of the desire of settlors to […]
Upon a trustee accepting their role, they are bound by certain duties to the trust and its beneficiaries, which they must exercise with due regard when discharging their trustee power. These are predominantly governed by the Trustee Act 1925, as amended, however there have also been many occasions where the courts have sought to elaborate upon these duties in such a way that widens or restricts the scope of their application, and thus also affects the possible rights of beneficiaries […]
>Introduction The secret trusts include fully secret trusts and half secret trusts. They are mechanisms whereby estate can be disposed of without the details of the beneficiary becoming common knowledge. Rules for testamentary dispositions are strict and this is necessarily so since the testator is no longer able to provide evidence of intention. Despite arising from a historic need, felt acutely, when expectations of society were such that individuals felt compelled to conform despite having aspects of their lives they […]
The Romalpa Case: Signpost or Diversion? The supply of goods on credit is a commercial commonplace. Foreseeable difficulties will however arise where the buyer withholds payment or, more seriously, is unable to make payment due to solvency difficulties. The difficulty when a company is forced into liquidation or an individual into bankruptcy was summarised by Templeman LJ[1]: “…unsecured creditors rank after preferential creditors, mortgagees and the holders of floating charges and they receive a raw deal.” It is therefore prudent […]
THE ROME II REGULATION 1 The Rome II regulation is an example of a European Union Regulation that concerns itself with the conflicts of law that are applicable to obligations that are not contractual. As from January 11th 2009, the Rome II regulation was able to create a set of rules that are harmonized within the European Union in regard to a law that would govern the commercial and civil matters of the members of the EU. This is in […]
Introduction Law provides the framework for the regulation of business relationships and hence is imperative for any business activity forming an important part of business environment. In the given assessment the interplay of law and business has been is depicted while analyzing the legal obligations of parties in various business transactions. Task 1 Sole trading Sole trading is where a person starts his personal business without any collaboration with others. Fewlegal formalities to operate the business in sole trading and […]
Introduction An offer An invitation to treat A counter – offer According to Un Convention on contracts for the International Sale of Goods applies, explanation for the rights and liabilities of the parties that involved Contract is an agreement of a two parties especially once it is written its enforced law. An agreement refers to a “meeting of the minds”. There is no magic language necessary to inform an agreement. However, there is an offer must be made by a […]
The system of land registration inaugurated by the Land Registration Act 1925 was a laudable and important step in simplifying the way title to land was recorded and conveyed. In time, however, significant defects began to emerge.” What were those defects and to what extent has the Land Registration Act 2002 provided a cure? Prior to the introduction of a system of land registration, the only way to establish a seller’s right to dispose of a property was from title […]
1.0 Introduction Intellectual property is what the mind creates. Through imagination in the mind, one creates literary and artistic works. The mind creates names, symbols, and images. There are inventions and designs, which are all part of intellectual property. The three main types of intellectual property are patents, copyright and trademarks. Patent is the exclusive right to market invention; whereas, copyright is the exclusive right to the author of the original work of the authorship. Trademark is the name, word, […]
THE CONCEPT OF CONTRACT IN THE CODE NAPOLEON Introduction and historical background leading to the formation of the Code Napoleon One of the biggest dilemmas that jurist over the course of history have faced is over the question of codification of law. One school of thought believes that the best and most just application of law can be achieved only when the principles that will finally be used for dispute resolution are enunciated beforehand. These principles can then be applied […]
The first part of Consumer Protection Act 1987 is implementing the 1985 EC Directive on Product Liability. Section 2 imposes a new statutory liability on the manufacturer of a faulty product which causes physical harm to a person or other property.[1] The 1987 Act imposed strict liability on manufacturers and producers even in absence of a fault on their part. Many authors, academics and jurists welcomed this no-fault liability approach taken as a result of the 1987 Act.[2] The 1987 […]
The situation that has arisen in regards to the property, and subsequent town planning of the area, has presented a number of issues in regards to the possible renewal, or termination, of the current lease agreement. It has been mentioned that the current agreement for part of the property is due to end in May 2006; however the future of the industrial estate is unclear in the short to mid term. The other property (small units) is currently unoccupied, and […]
Explain the meaning and significance of the provision in Section 11 Sub-section 4 that deals with a contract term seeking to restrict financial liability to a specific sum. How useful are the guidelines for applying the reasonableness test in Schedule 2? (4) Where by reference to a contract term or notice a person seeks to restrict liability to a specified sum of money, and the question arises (under this or any other Act) whether the term or notice satisfies the […]
Restructuring, Professionalism and ethics in Insolvency Practice Assessment Item 2 Discuss the legal and professional responsibilities arising from the facts set out below for Gerard Mann, ( a director of Manu Ltd and ManF Pty Ltd) and Reconstruction Remedies Larry Liquidator a registered Insolvency liquidator. Key facts of the case Manu Ltd (part of a group controlled by Mann family) making parts for specialized medical equipment, in recent years producers of equipment pressuring Manu to lower costs or they will […]
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 be interpreted as an on-going materialization of our civil wrongs and its effects on our society. Our modern society is ever-changing, which in turn means […]
Should 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 Directive and the Uniform Commercial Code to help me to do my best in answering should good faith have any place in English contracts? Currently […]
Should the UK adopt a written constitution? A constitution is the commonly acknowledged body of principles or established regulations and procedure to which nation states are governed by and recognised within Parliament. Britain, along with Israel and New Zealand, is one of only 3 democracies in the world not to have a written constitution (Consoc, 2009, NP). Constitutions come in two commonly accepted forms of written and unwritten, and can often be referred to as ‘codified (written) and un-codified (unwritten)’. […]
Reasons for the Limited Effects of the International Convention on the Arrest of Ships Table of Contents Introduction History of Ship Arrests and Various Maritime Conventions Key Features of International Convention on the Arrest of Ships Reasons for limited effect of the Maritime convention Contradiction with RTA’s Lack of clear definition Constantly changing Amendments Recommendations for Effective Implementations Introduction News about international ships getting arrested for crossing borders come up nearly every day. Though maritime technology is at its peak, […]
Brief 102317 Delivery Date: 13/08/2005 Title: “The remedial constructive trust has taken root in the United States and Canada: it is unlikely to do so in England” – Millet LJ in Restitution and Constructive Trusts 1998 114 LQR p399 Explain the differences between remedial and institutional constructive trusts and the advantages and disadvantages of each approach. Discuss whether judges in England and Wales are likely to adopt the remedial system. Introduction Endorsed in jurisdictions from Australia to the United States […]
This essay highlights the aspect of prenuptial marital agreements. A pre-nuptial agreement is an contract made by a couple before they get married or enter into a civil partnership, which assorts how they desire their assets to be shared if they should divorce or have their civil partnership dissolved. Such agreements are divided into three categories. First are the Pre-nuptial agreements which are made before marriage. Second are the post-nuptial agreements which are similar to pre-nuptial agreements but would be […]
