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Two Sides of the same Coin: Evaluating 74th Constitutional Amendment Act

Two sides of the same coin: Evaluating 74th Constitutional Amendment Act Abstract: To strengthen the position of urban governance in a more organized manner, the government of India took a pivotal initiative through the enactment of the 74th Constitution Amendment Act. In this paper I attempt to analyse the role of 74th constitutional amendment in increasing the functionality, authority and efficiency of the urban local bodies, in terms of the powers rendered to the urban local bodies under the 74th […]

Criminal Law Courts in the UK

Criminal offences are categorised into three classes in accordance with their gravity: summary offences (common assault, soliciting and failure to pay a TV license), offences triable only on indictment (murder, manslaughter and causing death by dangerous driving) and offences which are triable either way (inflicting grievous bodily harm, unlawful wounding and indecent assault). This procedure is governed by the Magistrates’ Courts Act, 1980 as amended by the Criminal Procedures and Investigations Act, 1996 and further amended by the Criminal Justice […]

The Pros and Cons of the Law Reform Commission Recognising the Doctrine of Unfairness in Contract Law for Consumer Protection in Irish Law

2. Content: Using your own words, briefly explain your understanding of the essay title and the issue you are being asked to address. What exactly is the essay title asking you to do? In my opinion the essay title was asking for me to research other jurisdictions for evidence of a doctrine of unfairness, how it is stated and used in said jurisdiction. I think that it also called for a comparison to be drawn between the already in place […]

The Right of Self-Determination

RIGHT OF SELF DETERMINATION INTRODUCTION Self-determination can be defined as a right of peoples or the will of the people under international law to exist and to have access to government. This principle has at its spirit in the achievement of true representation and democracy based on the premise that the consent of the people can only give legitimacy to any government. The principle helped in shaping of our international community as it was mainly responsible for the decolonization […]

The Rights of a Trustee

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 […]

The Rights to British Citizenship

Question A I am asked to advise a number of parties in relation to their right to British citizenship. From the statement of facts, it is clear that all the parties are related by way of family to a British father, Andrew. In relation to his wife Barbara, a Canadian national, the most appropriate course of seeking British citizenship would be to seek naturalisation as a British citizen in accordance with section 6 and schedule 1 of the British Nationality […]

THE ROME II REGULATION

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 […]

The Rule of Law

RULE OF LAW The rule of law is defined as ‘the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law.’[1] This is the principle that individuals and government can only act with publicly known law accordingly and those law must be enforced and adopted I a good manner and also consistent with the well established conventions, procedures and traditions. In the Australian Constitution, the […]

The Rules Relating to Implied Grant of Easement

The rules relating to implied grant of easements have been described as “strange [and] magic-like” (Sexton and Bogusz, Land Law: Text, Cases and Materials, 2013, 3rd edn, OUP, p 565). Disregarding easements created by prescription, explain these “magic-like“ rules. Do the rules differ in the case of implied reservation of an easement and why is this the case? INTRODUCTION An easement is a right to do something on someone else’s land, falling short of a right to possession. More specifically, […]

The Scheme of Arrangement under Section 176 of the Companies in Malaysia

Scheme of arrangement under S 176 of Companies Act had been a formal corporate rescue process in Malaysia before the outbreak of financial crisis of South East Asia in 1997.[1] Although the purpose of the provision had never be a corporate rescue mechanism,[2] Scheme of arrangement not only can be applied by the insolvent company as a last straw to clutch at in saving the company, but also by ordinary company for adjustment of members’ or creditors’ rights, reorganisation of […]

The Responsibility of Multinational Corporations to Promote Human Rights and the Environment

Do multinational corporations have a responsibility under international law to promote human rights and the environment in the countries where they do their business? Introduction ‘Multinational corporations’ (MNCs)’ which can be defined as the companies run the business and set up the factories away from the place they are located. MNCs have a considerable influence on global economy with the spread of technology and development of deep globalization. They enlarge the scope of their business to strengthen domestic structure and […]

The Law of Agency

The Law of Agency is an area of commercial law that deals with fiducial relationship between a person (principal) according authorities, implicitly or expressly, to another person (agent) to act on his behalf to create a legal relations with a third party. The relationship between an agent and a principal maybe contractual, non-contractual or quasi-contractual depending on the job description or service offered (Davant, 2002). The principal is thus bound by the contract agreement between him and the agent as […]

The Law of Equity in Australia

Equity – Assignment Question 3 Introduction As described by Sir Frank Kitto, Justice of the High Court of Australia from 1950 to 1970, the law of equity is ‘the saving supplement and complement of the Common Law….’ which prevails over the Common law in case of conflict between both the laws and thus by repairing the deficiencies of the Common Law.[1] An estoppel is a principle whereby a party is prevented from asserting a contrary position to any fact which […]

The Law of Unregistered Land

Although registration of land is not compulsory the Government have tried in recent times to encourage the registration of land by offering incentives to those who are in possession of unregistered land[1]. Generally speaking land that is unregistered only becomes registered when the owners of that land sell it to another[2]. All land purchased since the Land Registration Act 1925 should be registered as the Act made it possible for land sold after this date to be registered[3]. Concern has […]

The Law on European Construction Projects

Project Outline For the purpose of this assignment, the company that I have chosen will be preparing to buy a piece of land in the north of France and build houses upon it. The land already bares a barn and is from a private owner. The processes to buy, plan and develop the project will be described and compared to the system adopted by the UK. The intension is to sell the property for profit. The limited company is a […]

The Law on Exclusion Clauses

Critically examine how the law on exclusion clauses in contract has developed and the key issues of legal policy to which the present law gives rise. ANSWER Introduction An exclusion (or exemption) clause is a term in a contract that purports to exempt or limit the liability of a party to the contract or to restrict the rights of a party to the contract.[1] Exclusion clauses are commonplace. They may be incorporated in standard form contracts or in standard terms […]

The Legal Age of Consent in Australia

The reasons to select the article and found legal issue The article reported Brief content of the article The 26-year-old accused went to Sydney last August with a student visa in order to develop his further study at the University of Newcastle. During that period, he met a 12-year-old girl at a local mosque, however, he did not concern that she was merely 12-years-old. Then, the accused and the girl got married in an Islamic wedding ceremony. After celebrating the […]

The Legality of Military Intervention in Syria

It is not about taking sides in the Syrian conflict, not about invading, not about regime change or working closely with the opposition, but it is about the large scale use of chemical weapons and our response to war crime, nothing else, said the Prime Minister David Cameron in a debate held in the parliament regarding military intervention in Syria. [1] The prime minister announced for military intervention in Syria following a suspected chemical weapons attack in the suburbs of […]

The Legal Obligations of Parties in Various Business Transactions

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 […]

The Legal Status of a Company under the Law

In the background of the statement referred in the task 1(a). Discuss the legal status of a company under the law. Your answer should include a discussion on relevant cases Corporate personality refers to the fact that as far as the law is concerned, a company really exists. Consequently a corporation can easily prosecute and become sued throughout a unique label, maintain a unique property as well as crucially be responsible for a unique debts. It really is this particular […]

The Legal Status of the Gaza Strip

Background The Gaza Strip came into existence following the 1948 war and the establishment of Israel. It absorbed dozens of thousands of Palestinian refugees who were expelled from their homes and lands inside Israel. As two thirds of its population were refugees, the Gaza Strip became one huge refugee camp. The then Israeli Prime Minister David Ben Gurion offered annexing the Gaza Strip to Israel believing that it would resolve the problem of having such concentration of Palestinian refugees in […]

When the Legislative and Executive

When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lets the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. (Montesquieu, Spirit of Law 1748) The theory of Separation of power was first introduced by Montesquieu (a French philosopher and author) in his book Spirit of Law (Esprit Des Lois, 1748). The book was written […]

The Means of Acceptance in Contract Law

THE MEANS OF ACCEPTANCE Acceptance is the second stage of discovering whether an agreement has been reached under classical contract theory is to look for an acceptance which matches the offer that has been made. No particular formula is required for a valid acceptance. As has been explained above, an offer must be in a form whereby a simple assent to it is sufcient to lead to a contract being formed. It is in many cases, therefore, enough for an […]

The Notion of Religious Establishment and Modern Democracy

From a modern perspective religion undoubtedly has been on the decline in the UK, however as the UK is one of the most pluralistic societies in Europe it would be inappropriate to rule out the importance of religion completely. Religion has become an increasingly important topic within government, illustrated by the enactment of specific legislation such as Human Rights Act 1998 and Racial and Religious Hatred Act 2006[1]. Despite the practice and promotion of several faiths in the UK, Morris […]

The Legal Framework

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 England and Wales Court System, with Reference to Criminal and Civil Justice

Question 1 The court system in operation within England and Wales is well established in history this essay will particularly look at the Criminal and Civil Justice Systems.it will also address the advantages and disadvantages of the jury system. The court process in operation in England and Wales is steeped in history dating back centuries and the assembly used to debate and address deputes between it community members. The effectiveness of historical practice is evident in the judicial system of […]

The Evolution and Analysis of the Principle of Legitimate Expectation

I. Introduction “A man should keep his words. All the more so when promise is not a bare promise but is made with the intention that the other party should act upon it”[1] A law cannot be found upon mere trust and expectations, no matter how reasonable it may sound. For the individuals to act on the law, the law has to be concrete and defined. Therefore, laws are codified and precedents are established, to bring about the union of […]

Reforms on Voluntary Manslaughter Law as a Result of the Coroners and Justice Act 2009

In this essay I will be discussing and also identifying the extent to which the coroners and justice act 2009 [1]reformed the law of voluntary manslaughter and the extent to which it succeeded in its aims. Voluntary manslaughter is less serious than murder, voluntary manslaughter is when the defendant has killed the victim with malice aforethought, malice aforethought defined by Coke [1612] is when one compassth to kill, wound or beat another and doth it fedato animo. The defendant has […]

The Fourth Amendment and Computer Searches

The Fourth Amendment and Computer Searches Cmputers are no longer just tools of the trade for scientists or mathematicians, they are now found in nearly every household within the United States. In a recent study conducted by the United States Census Bureau in 2013, 83.8 percent of the households in the United States reported owning a computer. Of that percentage, 78.5 reported having a desktop or laptop in their home and 63.6 percent reported having a handheld computer. As […]

The Fraud Act 2006

‘The Fraud Act 2006 has as a central requirement the concept of Dishonesty. This simple legal concept has made the law clear.’ Critically Discuss. The Fraud Act 2006 was brought in to replace the Theft Act 1978, as offences created under the act after caused difficulty proving in court. In 2002, the Law Commission produced a report on fraud, which led to the creation of the new act, which has been simplified, which allows the defendant to understand the offences […]

Government Essays