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 […]
1. Explain the Doctrine of the Separation of Powers and how it operates in Australia. The doctrine of the separation of powers is a political system used in Australia, where the institutions of government are divided into three main branches. These include the executive, legislative, and judicial (Greenfeld, 2012). The legislature includes the parliament that is responsible of making the laws of the country. The executive includes the ministries that are responsible of putting the laws made by the legislature […]
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Get help with your assignmentRobins & Robins Indemnity can be described as an obligation of making good any liability, damage or loss incurred by another party. In indemnity, one party to the contract holds the other party to the contract harmless for some damage or loss. In this case, the first defense Casings, Inc. will have is that there was a clause in the contract indemnifying it from defects beyond the cost of the supplied parts. Therefore, Casings, Inc. can argue that they are […]
Notice for Staff Room Wall (Offer) NATIONAL LOTTERY SYNDICATE : [WORKPLACE NAME] Since the National Lottery was launched in November 1994, it has been popular for groups to pool money together for the purchase of tickets for online draws. Not only is it more exciting playing in a group, but the more lines the group buys, the more entries they have in each game, and the more chances they have of winning (NL Website, 2006). We have decided to organise […]
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 […]
Institute of Law Procedures of Search and Seizure in French Criminal Justice system: A Comparative Analysis Comparative Criminal Procedure Procedures of Search and Seizure in Franch Criminal Justice system a Comparative Analysis Abstract Code de Procedure penale is one part of Franch Criminal Justice Administration framework. In the French system it is portrayed this as a mixture of the inquisitorial as well as adversarial models. The Sub Section 1 contains the procedural aspect of inspection of premise, inquiry, search and […]
Professionalism in Forensics Computing For the first time following the case of Jones v Kaney [UKSC 2011, 13] experts are open to being challenged under the tort of negligence for their work. Discuss the case and its implications of risk for forensics or security experts involved in the investigation and presentation of findings within the legal process. “Expert witnesses lose 400-year-old immunity” [1]Lawgazette.co.uk. This title appeared in the Law Society Gazette on March 30th 2011 following a Supreme Court decision […]
REGISTRATION AND DISSOLUTION OF A FIRM In this Unit, we will understand the effect of registration of a firm upon the rights of partners’ inter-se and the rights of the third parties. We will also be looking at the various circumstances when a firm is dissolved and the consequences and the effect of the dissolution upon rights and liabilities of various parties. We will be covering the following key parameters: Mode of effecting registration Consequences of non registration Dissolution of […]
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 […]
Explain the rule in Pepper (Inspector of Taxes) v Hart [1993] AC 593, as it now applies. Evaluate its wisdom. (Look at both sides of the argument). ANSWER Introduction This paper discusses the rule established in the 1993 House of Lords case of Pepper (Inspector of Taxes) v Hart[1] and its current application. The rule is evaluated and conclusions are drawn. In essence, this rule of interpretation provides that where primary legislation is deemed to be obscure or ambiguous and […]
Police Powers of Arrest and Detention of Offenders Satisfactory The first police power I will evaluate is the power that custody officers have over detainees. When a police officer arrests someone they will have their reasons for doing so and will have seen or heard what the person has done. Though, when he brings him to the police station the custody officer will see whether the constable has detained the person correctly or not. He will look into what the […]
In the Estate of Herbert North Summary The answer to the question is that none of the individuals described have authority to act as the situation stands. A representative needs to be appointed before the estate can be administered. Herbert North’s assets will therefore have to be collected in by a court appointed representative and divided among those who are entitled to inherit his assets. It must be impressed upon Mary that Flo, as Herbert’s girlfriend may have the status […]
Subject – Company law 1 Option Contracts -An analysis of position in India Background Put and call options are one of the preferred mechanisms for investors in India, both foreign and domestic, and in different type of transactions like joint venture, stock market, etc. In lay man’s term a put option enjoyed by A against B gives A an option to sell certain securities at a future date at some specified price. Whereas a call option enjoyed by A against […]
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 in the land also has the control of it above and below the surface of the ground, anything that is part of the land, and […]
“….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. It refers to trusts, which become fully set up or constituted when the trust property is in the hands of a person who is properly […]
Question 1 The relevant provisions in the articles of association of Treeng Ltd (“Treeng”) are twofold. First, the directors are empowered to refuse to register a transfer of shares, and it seems that they may exercise this power in their absolute discretion. At common law, however, such power must be exercised “bona fide in what they consider – not what a court may consider – is in the interests of the company”[1] and the decision to refuse to register a […]
Briefly explain the case of M v Home Office (1994) as it relates to the concept of the Rule of Law Dicey proposed that every man is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals, whatever his ‘rank or condition’[1]. The accuracy of this assertion came under challenge in the case of M v Home Office (1994)[2], in which two issues of constitutional importance were considered; firstly whether injunctions could be […]
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 room even in 2009 (Breyer & Hyatt, 2009). This paper will attempt to look at the history of camera’s in the courtroom, the pros and […]
Critically examine the statement above with reference to cases and articles that support your arguments. Theoretically consent is available to murder and all non-fatal offences against the person. However in actuality, consent could not be used for anything more than assault and battery. Essential questions of morality and ethics are raised by the degree to which the state be supposed to employ criminal sanctions to restrict a sane adult in his/her consent to the infliction of harm on his/her person. […]
Restraining order under S.176(10) A restraining order will only be given by the court when a scheme or an arrangement is proposed to the court under the consideration as accordance to s.176(1)&(3) to prohibits the court in granting any further action towards the said company. However such application must be applied to court before any orders or resolution has been passed by the court to any interested party and after procedures which laid down from s.179(1) to s.179(9) has been […]
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 When it comes to Legislation Bangladesh has the most stringent laws w.r.t. acid violence. The maximum punishment of death[1] is inflicted on the accused if […]
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 at one hundred dollars. The discounted price, which was a dollar, was stated in the advertisement along with the statement of first come first serve. […]
Question: “Moreover, over a period of twelve years since Nedrick, the test of foresight of virtual certainty has apparently caused no practical difficulties. It is simple and clear. It is true that it may exclude a conviction of murder in the often cited terrorist example where a member of a bomb disposal team is killed. In such a case it may realistically be said that the terrorist did not forsee the killing of a member of the bomb disposal team […]
Introduction The industry of construction is very vast in UK, which sometimes contributes to 10 percent of the total GDP of the country. Many commercial issues have been grappled with it, all of them were in sharp focus by the critical climate of economy, since the mid of 2008. The essential nature of a contract can be encapsulated by different definitions. One definition which is very well understood in the context of business is considered it as an […]
Theory of Law & Justice Assignment Question: Is legal reasoning essentially different from the reasoning of politicians? If not, why not? If it is essentially different, in what way is it different? Justify your answer by reference to the views of relevant legal theorists. Introduction It is noteworthy that the legal and political systems are fundamentally different in the first place due to the diverse perspectives of the world, and they have developed into two separate entities with their own […]
In the business world where deals are struck and broken daily it is important to understand what the requirements are from start to finish, however beyond the fundamental scope to the creation of the original terms contracts agreements there are other underlying principles that must be explored that makes a contract voidable or invalid. This paper will explore the those principles that go beyond the scope of the formation, now you can start getting into the meats and potatoes of […]
Liability Claim House Question One In order to determine whether Hermione will be successful in a claim against Harry, the law of tort is examined. A tort may be defined as the breach of a legal duty owed, independent of contract by one person to another, for which a common law action for unliquidated damages may be brought. If we take into consideration the Hedley Byrne v Heller (1964) case where the claimants were an advertising agency, who had been […]
Answer The subject matter contained in this question emanates from the study of living and testamentary trusts. A living trust or trust inter vivos trust can be defined as a declaration made by a Settlor, during his/her life-time, to transfer some interest in real or personal property to a trustee to hold in favour of a beneficiary or beneficiaries[1]. A will on the other hand is primarily a document, legal in nature, which purports to speak from the death of […]
Task 1a)There are three courts with different jurisdiction within what is known as the Superior Court. They are the Federal Court; i.e. the highest court in the land, the Appeal Court, the High Court of Malaya and the High Court of Sabah and Sarawak. Each is head by a federal judge called Chief of Justice of the Federal Court, President of the Appeal Court, and Chief Judge of the High Courts of Malaya and Sabah and Sarawak. The subordinate court […]
1. What were the material facts in the case? The Leasehold Reform Act 1967 provides tenants the right to purchase the landlord’s freehold interest of a property. There is no requirement for the tenant to occupy or have occupied the property. The property was subject to a lease. The appellant was the tenant under the lease. The appellant wanted to acquire the freehold of the property. The property was originally built as a single private residence and had subsequently been […]
