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Counterfeiting and End-User Liability

Counterfeiting case-laws 4.1 General introduction Counterfeiting cases keep on mounting everywhere on earth, except those countries that have understood that only by disrupting demand will they be able to deter this illegal trade. No lawsuit has yet been tried against end-purchasers of counterfeits; reason being that those found liable are mostly punished by fines imposed by relevant authorities and they do not really contest their punishment in courts, knowing that they have done an unlawful act. In the following cases, […]

Court Attendance Reflection

Black cascading robes, white periwigs and the resounding thud of a court hammer are the images often associated with the administration of criminal justice. Over the course of my court attendance I quickly realized that this idealized perception fails to reflect the complexities of the criminal justice system. The first issue I will discuss is the value of legal representation and the how its absence can compromise an individual’s right to a fair trial. The next theme which struck me […]

Covenants, Leases and Possession

A. Whether the covenants in the head lease are binding on Jabba. To begin with, it is imperative to note that, once a lease has been assigned to the new tenant, they are liable for their breaches of covenant. However the solution to this query depends on whether the assignment of the lease complies with the criteria stipulated in Spencer’s Case (1583) (5) Co Rep 16a[1]. These requirements are as follows: There must be privity of estate between the parties, […]

Crime Young People

Under schedule 3 of the Criminal Justice Act 2003, an Offence committed solely by a Juvenile, a Juvenile being a young adult aged 10-17, will commence in the Youth Court. Max Greentree is categorised as a Juvenile because he is of the age of 15, however the crime has not been solely committed by him therefore his trial would not commence in the Youth Court. If a Juvenile is charged jointly with an adult the case inaugurates in the Magistrates […]

Keeping Criminal Trials Fair

Judicial staying of criminal proceedings is an exceptional course for the trial judge to take and usually the trial process itself including appropriate judicial directions to the jury, is adequate to ensure that a criminal trial remains fair at common law and Article 6 of the European Convention on Human Rights, as given effect to in the Human Rights Act 1998. Critically evaluate this comment in the light of appropriate case law. The fundamental issue being raised is the fairness […]

The Difficulties of Cross-border Estates

Comment on and describe the particular difficulties arising in cross border estates, i.e. a person dying with assets in several jurisdictions. Cross border estates have inherent difficulties that centre on the legal and fiscal consequences when the investor dies. There are varying rules in the different countries and various operations in regard to succession. Some countries devolve the entire estate on the direct heirs whilst other countries allow the succession to be determined by the authorities. In some countries there […]

Personal Data Protection

Introduction With the advancement and sophistication of today’s technologies, the world is no longer safe from privacy. Worst of all, there is no law that is able to govern or defend against data privacy or personal data in the Cyberworld. As a result, hackers/perpetrators breach into the privacy of victims, stealing valuable and personal information without victim’s knowledge for various purposes, usually to commit frauds. With the rise of cybercrimes and data frauds, protection of personal information and data becomes […]

Pre Internet Rules or New Rules

In 1996 at a conference on cyber-law, Judge Frank Easterbrook of the US Court of Appeals gave a presentation on Property in Cyberspace in which he argued that cyber-law as a strand of law did not exist, for the same reasons that there was not a law of the horse”. He argued that Teaching 100 per cent of the cases on people kicked by horses will not convey the law of torts very well He believed that existing law would […]

Data Protection and Theft

DATA PROTECTION AND THEFT Forms of Data in Law Firms The (Indian) Information Technology Act, 2000 (hereinafter referred to as the Act) deals with the issues relating to payment of compensation (Civil) and punishment (Criminal) in case of wrongful disclosure and misuse of personal data and violation of contractual terms in respect of personal data. Data is defined under Section 2(o) of the information Technology Act, 2000 as: “data means a representation of information, knowledge, facts, concepts or instructions which […]

Contributory Liability

Corporate Laws II Introduction There are several factors makes a company stand apart from any other part of business. A company has separate legal entity, has perpetual succession, limited liability et cetera. All these and many more factors make a company different from any other form of business. The topic of this project which relates to the legal status and Scope of “contributory” under the companies act demands the author to analyse elaborate and enunciate on the contributory liability and […]

Copyright Protection for Industrial Designs

Copyright protection for Industrial designs in India Introduction- In the present era of globalization, it is progressively obvious that the intensity of any undertaking relies on upon its capacity to advance its item and administration with a target to separate itself from its rivals or competitors in the business. It is normal for makers to catch item advertise or make a specialty for their item by separating, a generally comparable item on the premise of ‘eye appeal’. Regardless of the […]

Constitutionality of the Patriot Act

True patriots realize that one must protect the nation from all enemies, foreign and domestic, and that the essence of what it means to be patriotic is to protect our Constitution and its Bill of Rights will all of our might.- Amitai Etzioni One of the central themes of our nation when it comes to our national security has to do with two profound commitments: protecting our homeland and safeguarding our rights. However, in order to protect it, we have […]

Construction Contracting in Arizona

Construction Contracting on Tribal Lands in Arizona: Both the State Tax and a Tribal Tax May ApplyPage 1 of 7 SALES TAXATION OF CONSTRUCTION CONTRACTING ON TRIBAL LANDS IN ARIZONA: BOTH THE STATE TAX AND A TRIBAL TAX MAY APPLY Randal T. Evans* Arizona is home to 22 federally-recognized Indian tribes. Tribal lands comprise over a quarter of Arizona’s land base. As a result, a significant amount of construction activity in Arizona takes place on tribal lands, including recent and […]

Cognizable and Non Cognizable Offences

Cognizable offences have been defined under Section 2 (c) of the Criminal Procedure Code as follows; ” ‘cognizable offence’ means an offence for which, and ‘cognizable case’ means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant”. A non-cognizable offence has been defined under Section 2 (l) of the Criminal Procedure Code as follows, “‘non-cognizable offence’ means an offence for which, […]

One Person Company

Title of the Article-“Company Law, 2013: Demystifying NCLT and One Person Company” Abstract The Companies Act 2013 has been a mixed bag of affairs. It has come up with new rules regarding various institutions that were not there till now like the NCLT and the NCLAT and the provisions of one person company. These new introductions are revolutionary steps and a relief for the investors and the companies. The new law has changed six decades old legislation that needed new […]

Decision Making and Director’s Duties

Chapter 2 2.0 Decision making organs A company has 2 primary organs, the members in general meeting and the directorate. A company is not considered to be sovereign but has a limited competence only. Within these limits, the Supreme rule is making authority rests with a general meeting of the members1 and the constitution may entrench certain rights still further by embodying them in the memorandum and providing that they shall be unalterable 2. 2.1The board of director Although once […]

Tradition of Criminal Justice

“Compare and Contrast the Common Law tradition of Criminal Justice with the Civil Law tradition using actual examples where possible” There is a general agreement that there are three major legal systems in the world; “English Common Law, Continental Civil Law, and Religious Law” (S M Shahidullah, 2012:13). Each legal system carries their own individual traditions which help explore how the systems have developed over time and it is these legal traditions that are used within society to ensure it […]

Concepts of Appropriation under the Theft Act

The Theft Act 1968 [1] was legislated as a result of complicated, confusing and highly technical prior statutes and case law. Antiquated terminology like larceny, embezzlement and false pretences were to be replaced by a simple and short Act that was aiming towards codification of the criminal law. The Criminal Law Revision Committee advised on the recommendation, which as a result fully transpired. The report affirmed “larceny, embezzlement and fraudulent conversion should be replaced by a single new offence of theft. The […]

The Indian Constitution in Achieving Justice

CONCLUSIONS AND SUGGESTIONS The Preamble to the Indian Constitution invokese`justice — Social, economic and political)) as a core principle. Victimes of crime being components of criminal justice are, therefore, also entitled to share the promises of social justice contained in the Constitution. Novel concept of victomology is a step in the direction of fulfilling the avowed promises made by the framers of the Constitution. The corpus juries of India is bereft of statutory awareness of victomology in any significant measure. […]

Conditions Warranties and Innominate Terms

Cedric entered into a contract with the Distinguished Hotel for the wedding reception of his daughter Ali and groom Benno s big day. In the contract Cedric made with the hotel he was assured that all 300 of his guests would be seated in the chosen function room with a view of the top table, on the day however some of the guests were placed in an adjoining conservatory without a view of the top table. For this to be […]

Confidence in British Jury System

“The jury system is often described as “the jewel in the Crown” or “the corner-stone” of the British criminal justice system. It is a hallowed institution which, because of its ancient origin and involvement of 12 randomly selected lay people in the criminal process, commands much public confidence.” – Lord Justice Auld (1999) Review of the Criminal courts of England and Wales, Chapter 5, paragraph 1 Is such confidence in the jury system justified? Trial by jury is the idea […]

Byrne and Frew Vs. Australian Airlines

CONTRACT LAW 1 Name: Professor: Course Code: Date of Submission: Paper Outline: Introduction………………………………………………………….3 What is contract law? Macaulay and Macneil on contracts Relational contract theory Purpose of the paper Case law of Byrne and Frew…………..……….………………………3 Concept of implied Terms and Relational Contracts…………………4 Relational Contracts and Byrne………………………………………..6 Conclusion………………………………………………………………..8 Summary of the points identified. References………………………………………………………………..9 Introduction: Contracts refer to agreements creating obligations that are enforceable by law. The basic elements that constitute a contract are consideration, mutual assent, legality, and capacity (Barker, […]

Can the Judiciary Override Statutory Provisions?

“Power to do Complete Justice”: Can Judiciary override Statutory Provisions? Introduction The Constitution of India is the central rule that everyone has to follow from which all different laws determine their power and with which they must adjust. All powers of the state and its diverse organs have their source in it and must be practiced subject to the conditions and constraint set down in it. The Constitution accommodates the parliamentary type of government which lacks strict partition between the […]

The Children Act

Question 1 When looking at the threshold, it’s important that all factors are taken into consideration. The NSPCC’s research indicates that fewer than three children under the age of 10 were seriously injured or seriously injured every week. To give Lucy a fair overview, it will be important to take into account all facts concerned with Peter. For the local authority to get a care order, there are certain provisions which must be met. Part IV of the Children Act […]

Carriage of Goods by Sea

Part A: Butcher Ltd & KRY Ltd The contract of affreightment is evidenced by the bill of lading where, as here, the goods to be carried only form part of the total cargo. The liability of the carrier under the bill of lading is now subject to a combination of the rules introduced by the Maritime Law Committee of the International Law Association held in the Hague in 1921 as revised by the Brussels Protocol of 1968, known collectively as […]

The Separation of Legal Personality

The fact of the Atlas Maritime Co SA v Avalon Maritime Ltd [1]is that Mr Richard Morrison is the director of Stewart Marine, a company which run ship brokers. He wants to buy a vessel which had some broken and the company appointed a technical consultant, Mr Melville Price which from Drake Maritime SA. Drake Maritime SA is a technical company and London agent of Stewart Marine. After the evaluation, Mr Price said that the vessel is appropriate to buy. […]

Valilas V Januzaj

Assessment CLR&I CASE NOTE Valilas v Januzaj [2014] EWCA Civ 436 Lady Justice Arden Lord Justice Underhill & Lord Justice Floyd In the Court of Appeal (Civil Division) On the Appeal from Worcester County Court His Honour Judge Hooper QC IUC69309 Between: IOANNIS VALILAS & VALDET JANUZAJ SRN=140326561 Introduction Ioannis Valilas v Valdet Januzaj[1] dealt with the issues regarding repudiation of a contract. The core as well as the legal issue was that whether a party has the right to […]

R V Barry White

It is clear to see in the case of Barry White v The Crown that there are several issues arising on the facts. These issues shall now be argued under various grounds of appeal below. Ground 1- Failure to dismiss evidence that has been obtained unlawfully In regards to the evidence within the case in which great weight was held when Barry was charged, it can be seen that both pieces of evidence (the radio and the confession) have been […]

Challenging the Power of the Commonwealth

Part A It is obvious, from the facts presented, that this question is primarily concerned with the implementation of the international convention in Australian domestic law, and the validity of the process of this implementation in accordance with section 51(xxix) of the Constitution, also known as the ‘external affairs power’. Before such a conclusion can be reached, it is firstly important to understand the limits and scope of this power and hence comprehend whether the Commonwealth has exceeded its legislative […]

Characterisation and Separation of Powers

Introduction The constitutional validity of the Regulating Organic Food Security Act 2014 (Cth) (Impugned Act, hereafter referred to as IA) is an issue that will be discussed in this essay in addition to whether the National Organic Food Security Commission is valid as well. Both of these will be discussed with regards to the issues of characterisation and separation of powers. Head of power/Trade and Commerce Firstly the scope of power in this case is non-purposive and the physical movement […]

Common Law Essays