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Discrimination in the Workplace

The laws enacted to protect people against discrimination in the workplace would protect the position of Mr Gruffin (Mr G) who probably has a valid argument that he has been discriminated against although more detail would be required in relation to establishing exactly why he has been discriminated against. The main spheres of law which protect his rights in these circumstances exist within the field of anti-discrimination legislation (Selwyn, N. (2006) 1-20). Because Mr G has not been employed for […]

Employment Law

Introduction There are numerous people around the globe who are unaware of the regulations and laws of the countries they are living in. Practically, the labor law is the foundation of laws, precedents and administrative regulations which addresses the lawful privileges of, and binds individuals who are working in companies. This research will highlight different conceptions which pertains to employment law in certain aspects and in general in UAE like, the ILO, MOL, the employment agreement, Probation Periods, wages, Disciplinary […]

Employment Law and Unfair Dismissal

Introduction In this case between Tara Quinn and her employer Park publications Ltd, Tara is considering resigning and claiming constructive dismissal on the grounds that she believes she is being unfairly treated because she refuses to make changes to her employment contract after they took over the company twelve months before. She recently received a final written warning after missing a deadline and believes the company is trying to work her out of the business unless she concedes It is […]

Corporate Social Responsibilities (CSR)

Corporate social responsibilities (CSR) CSR is the standard where organizations ought to help the welfare of society and not be singularly given to boosting benefits. It is an idea that associations have a commitment to consider the investments of clients, representatives, shareholders, groups, and biological contemplations in all parts of their operations. Socially mindful organizations can act in various approaches to profit society, be it by offering cash to expressions of the human experience, subsidizing scholarly grants, supporting group building […]

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 […]

Contrast Liability in Tort

Contrast liability in tort with contractual liability Tort: A tort is a legal term which describes a civil wrong that can be redressed by awarding damages. The term describes violation where one person causes damage to other person. When there is a breach of duty of care done unintentionally, it causes tort of negligence. Accidents can be an example of Negligent Torts. When there is a breach of duty of care done intentionally to harm the other person it causes […]

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 […]

Companies Law Performance for Multinational Groups Liabilities

Companies Law Performance for Multinational Groups Liabilities Law is absolutely essential for a civilized society to prosper and thrive. Therefore, we have got Laws pertaining to all walks of life ranging from Human Rights to Criminal Laws, from Laws of Inheritance to Family Laws; similarly there is also a need for the Law which would regulate the way in which a Company behaves and operates its functionalities. These set of Rules and Regulations in the United Kingdom (UK) are contained […]

Study on Pet Business

Relevant law: Section 198 (C) and 201 J of the Corporations Act 2001 (Cth) provides that out of several directors in a company, the company is empowered to appoint any director as the managing director of the company along with conferring any such powers to him, which a director can exercise. Moreover, the courts have stated that even if an exhaustive list of powers is not provided, it is implied that an actual authority is granted to the MD for […]

The Counterfeit Access Device and Computer Fraud and Abuse Act

Chapter 8: Question No. 2: The Counterfeit Access Device and Computer Fraud and abuse Act or CADCFA Act has categorically placed the provision of the law against authorised access and use of federal and private computers. The penalties under CADCFA Act are of 5 to 21 years of imprisonment. Mr. Wang used his computer to pass on trade secrets to Gordon Eubanks, Symantec’s Chief. Unauthorised access to the federal and personal computer and the data contained in it is part […]

Computer Law and Privacy at Work

Report to D’Ausecours Board 31st May 2006 Re: Acquisition of Security Control – Issues and Recommendations 1) Confidential Information Given the that the greatest value of SC lies in the ability of its employees to innovate and the quality and commercial potential of the resultant product, it is disturbing to learn that none of the employees is currently bound by any form of confidentiality clause in their contract and they have received no training or even informal guidance in the […]

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 […]

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, […]

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 […]

Autoclenz Ltd V Belcher

Introduction: The conclusion in Autoclenz Ltd v Belcher & Ors[1] indicates a subtle, albeit potentially significant shift in the approach when deciding Employment Status and Sham Agreements.[2] Prior to this case, the written terms of a contract prevailed as long as it is not a “sham”. However the Supreme Court, in this case, has deemed such an approach too literal, thereby ruling that a written employment contract may be disregarded if the reality of the situation detracts largely from the […]

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 […]

Balancing the Rights of Patients and Medical Professionals

Running Head: Balancing the Rights of Patients and Medical Professionals In the medical field, law and ethics play a vital role in the relationship between patients and medical professionals. Violation of these laws results in liability of the offender. Ethics considers the best interest of an individual and society. It establishes and maintains a nature of obligations and duties. Biomedical ethics plays a significant role in guiding medical personnel on how to treat their patients. Medical [G1]professionals offer a critical […]

Australian Consumer Law

Answer 1 Liability of Mr and Mrs Lee in this case At the time when loan ws taken by their son and Lim, when guarantee was entered parents Mr Lee and Mrs Lee were old, did not understand English well and had received no independent advice. Banks under the provisions of ACL cannot seek to enforce guarantee agains parents, as their liability is limited in view of the above facts and normally family gives the guarantee. Therefore though consented in […]

The Law of Agency to a Given Fact Situation

Apply the law of agency to a given fact situation LEVEL:5 Element 1 Define agency Performance criteria The definition establishes the relationship between principal, agent, and third party in terms of the type of agency. Universal agency: are agencies that has got unrestricted authority and are appointed by the general power of attorney, and are allowed to perform all acts of responsibilities. Special agency: are agencies that have special agents for special functions and/or purpose. Element 2 Apply the law […]

Aspects of Negligence of Contracts

Aspects and negligence of Contracts Task 1 Ali’s offer is a unilateral offer meaning that it is an offer to the world at large and that any person wishing to buy the rug can present himself to be the owner of the rug, at the same time the client should satisfy all the terms of the offer of Ali. This type of offer is seen in the case of Carlill v Carbolic Smoke Ball Co[1893] 1 QB 256 In this […]

An Assignment on the Legal Framework of the UK Tax Regime on Small Businesses

Introduction In this assignment, I will be working for an organisation called smallbusiness.co.uk, this is a consultancy that offers beneficial information for small business owners. The organisation offers free legal advice online to help them start up their business. I will be helping people by replying to each enquiry, I will do this by explaining the legal framework and how the UK tax regime affects businesses starting up in England and Wales. I will also develop the awareness of the […]

An Overview of the International Court of Justice

International court of justice History: The present history of global adjudication is, though, generally known as seeing from the alleged Jay Treaty of 1794 among the USA and Great Britain. This Treaty of Amity, Navigation and Commerce delivered for the formation of three assorted directives, consisted of American and British citizens in equal figures, whose job it would be to resolve a sum of exceptional queries between the two republics which it had not been probable to resolve by arbitration. […]

Consumer Legislation to Given Fact Situation

1.1 Fair Trading Act 1986 A. GSK Ribena We can apply the provision as False or misleading representation that goods are of particular kind, standard, quality, grade, quantity, composition, style or model. As GlaxoSmithKline claims that their ready to drink Ribena Contains 7mg of vitamin C per 100ml but assume in the test they found there is no vitamin C found in the drink as it was a false representation where they found something wrong information about the product then […]

Application of Salam

Application of Bai’ Salam In Bai’ Salam is a type of product that the bank or financial institution will give the liquidated cash or capital in advance to the needy to produce their commodities and later the commodities will be deliver to them. While in Bai’ Salam itself it can be divided into three difference type of contracts. They are parallel Salam, Hybrid Salam and also Salam financing working capital. Firstly, the parallel Salam is a common salam that use […]

An Agency is a Tripartite Agreement between a Principal, Agent and Third Party

Introduction The case took in concern here as the topic of discussion and evaluation of a historic case of controversy. The case was in the Queen’s Bench addressing the undisclosed liability of a business corporation conducts and hence files against the violation of the commercial law in United Kingdom. The case was hence in brief the linked with the dormant partner hiding the involvement of a third party liable for acts within the authority of the other partner. So many […]

An Analysis of Mandatory Injunctions

(ii) Mandatory Injunction: A mandatory injunction may be defined as an order of the court not only restraining a person from further wrongful acts but directing him further to restore, as far as possible, the former state of things. A mandatory injunction not only in involves prohibition but also imposes a positive duty on the defendant to do something. According to section 39 when in order to prevent the breach of obligation, it is necessary to compel the performance of […]

The Law of Agency in Malaysia

The basic concept of an agency is concerned about the relationship between one person, the principal and another, the agent where a principal entrusts the business to an agent and allows the agent to act on behalf of the principal in dealing with third parties according to Section 135, Contracts Act 1950. For example, Sabrina instructs Ivan to purchase some goods on her behalf, Sabrina is the principal while Ivan is her agent. Therefore, the agent is granted the authority […]

Summary of Pennzoil V Texaco

Case Summary Getty Oil Company had two major shareholders, Gordon Getty, Getty Museum. Gordon Getty who was also the trustee of the Sara Getty Trust owned about 40% of the outstanding shares of Getty Oil. The Getty Museum held about 12% of shares of Getty Oil. In January 1984, Pennzoil Company rendered an offer to buy 3/7ths of Getty at $110 per share. Then representatives of Pennzoil, Gordon Getty and Museum reached the Memorandum of Agreement by signing on the […]

A Critical Analysis of TRIPS Standards Regarding PATENT Protection

“Critical Analysis of TRIPS standards regarding PATENT protection” History of TRIPS TRIPS is an abbreviation of Agreement on Trade Related Aspects of Intellectual Property Rights. It is an international agreement between the member countries of the World Trade Organization (WTO). TRIPS agreement came after the General Agreement on Tariffs and Trade(GATT) in 1994. The main aim of the TRIPS Agreement is to uniform the laws related to Intellectual Property worldwide. It covers various areas of IP including patents, trademarks, […]

Adelaide Interior Linings Pty Ltd V Romaldi Constructions Pty Ltd – Case Analysis

Question 1 Adelaide Interior Linings Pty Ltd v Romaldi Constructions Pty Ltd Very briefly outline the facts of each case including the contractual provisions under scrutiny (10 marks); Romaldi Constructions entered into a construction subcontract with Adelaide Interior Linings for the installation of lining at a college which was being constructed by Romaldi Constructions. Adelaide Interior did work on site but a dispute arose with Romaldi Constructions in relation to the quality of the work. Adelaide Interior left the site […]

Contract Essays