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The Freedom of Establishment

Since the founding of the European Union (EU) one of the main aims has been to create an internal market in order to promote development and economic growth and to offer its citizens an area of freedom, without internal frontiers, in which free movement of persons is ensured[1]. Amongst the basic fundamental freedoms which the TFEU concedes to EU citizens to reach the above mentioned aims is the freedom of establishment. Together with the other freedoms found in the TFEU […]

The Free Market and European Union Law

European Union (EU) legislation and the case law of the Court of justice (CJEU) attempt to ensure the free movement of goods within the internal market. In order to assess how well it ensures the free movement of goods, it is first necessary to identify what is meant by an internal market within the EU. Moreover, it is essential to ascertain how Treaty Articles, as well as, case law, regulate the EU as a customs union, since sometimes charges on […]

The Functions of Law

Functions of Law Table of Contents The Law Concept of Functions of Law Kinds of Law to Carry Different Functions Advantages of Law Functions of Law in different perspectives Contract law Functions of Contracts Indemnity Contract Indemnity Holder Guarantee Bailment Agency Bibliography The Law The law defines the principles people live in a society. Through which we have balance in not only our society but also in our lives. Law gives the indication of what is right by making that […]

The ‘Horizontal Effect’ of Human Rights in the UK

Application of the ‘Horizontal Effect’ of Human Rights Law in the UK “The horizontal effect of the application of human rights law in the UK has important implications for the law of tort in relation to protection of privacy for private citizens. However the law is being applied in a piecemeal fashion” – Critically discuss. Introduction: Human rights protect an individual from unwarranted interference by the state, seeking to establish a just social and legal order to enable a person […]

The Independence of the Judiciary in Constitutional Law

In traditional constitutional theory, independence of the judiciary connoted independence from the political executive. It has presently discovering that a judge’s opportunity of activity can likewise be undermined by weights from his bosses inside the legal extension. Moreover, the test to legal autonomy from the religious foundation is not obscure. There is additionally the risk of weight or impelling from private, political and business focuses of force. Open trust in the uprightness, unbiased attitude and freedom of the legal is […]

The Integrity Principle – Analysis

After the case of Kable v Director of Public Prosecutions (‘Kable’)[1] whereby the institutional integrity principle was first implemented by the High Court, there has been substantial use of the principle in other cases. However, there are various concerns regarding this rule, and as a result there has been disagreement and many alterations to the characteristics of the principle. The background, evolution and potential concerns regarding the institutional integrity principle will be outlined further below. Induction of the Institutional Integrity […]

The Charities Bill 2005

According to the Charities Bill 2005, s1, which was introduced into the House of Lords on 18 May 2005, the definition of a charity is ‘an institution which is established for charitable purposes only and falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities.’ It goes on to list the a charitable purpose as being for the prevention or relief of poverty, the advancement of education, religion, health […]

The Concept of ‘Best Interest of Child’ in Sri Lanka

Family Law DEVELOPMENT OF THE CONCEPT ‘BEST INTEREST OF CHILD’ IN SRI LANKA Question: Evaluate the development of concept ‘Best Interest of Child’ in one of the following jurisdictions. South Africa. India. Sri Lanka. United Kingdom. CONTENT 1.Introduction 1.1The Child 2.Custody, Guardianship, and Parental Power 2.1Parental Power 2.2Custody and Guardianship 3.The Best Interests of the Child in Sri Lankan Context 3.1Concept 3.2Impediments 4.Conclusion DEVELOPMENT OF THE CONCEPT ‘BEST INTEREST OF CHILD’ IN SRI LANKA 1.Introduction This document will discuss the […]

The Concept of Contract in the Code Napoleon

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 Concept of Lex Mercatoria in Internation Law

Lex Mercatoria being the Latin term for ‘merchant law’ is the term used to describe the body of commercial laws that the merchants of Europe used during the medieval times. It is the body of law that will stand as the foundation in understand certain important international trade instruments. As it stands today, Lex Mercatoria is said to be vague, and not specific. This is due to the range of laws that are said to be contained within it which […]

The Concept of Property in English Law

The Roman law first divided the property into real and personal property and it has been stuck in the English property law ever since. Property may be either real or personal. In England, real property has superior value than personal property. The real property is owned in England in complete ownership. This means that it is assumed that the real property is owned in perpetuity and passed on to the legal heir in case of intestate case. However, personal property […]

Constitutional Safeguards of the 4th, 5th and 6th Amendments to the US Constitution

Constitutional safeguards provided by US Constitution in the 4th, 5th and 6th amendments in regards to the criminal justice system are implemented to protect people against indiscriminate application of criminal laws and wanton treatment of persons suspected of violating the law. The amendments which are specifically designed to enforce constitutional rights of suspected criminals have had a significant impact in the criminal judicial sector. The workings of the courts in both juvenile and adult criminal proceedings and trials have been […]

The Consumer Protection Act

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 Convention on the Law of the Sea

Introduction On 16th November 1994 the convention on the Law of the Sea (UNCLOS) came into force, it was establish in 1982. The purpose of this convention is to provide nations with four methods to resolve maritime disputes, two of these methods were (1) submit the dispute to the international Tribunal for the Law of the Sea (ITLOS) and (2) the adjudication of the dispute by the international court of justice, (ICJ). ITLOS Description The International Tribunal for the Law […]

The Corporate Governance in the Companies Act, 2013

The corporate Governance in the Companies Act, 2013 The Companies Act, 2013 reinforces and redresses laws pertaining to companies[1]. The Companies Act, 2013 was passed by the parliament and received Presidential assent on 29th August, 2013. Some of the provisions of the Companies Act, 2013 were notified in the Official Gazette on 30th August, 2013. Many of the provisions of the Companies Act, 1956 continue to be in force[2]. Corporate Governance is an important aspect in the Companies Act, 2013. […]

The Doctrine of Successor Liability and the Drift Towards the Assumption of Liability

Doctrine of Successor Liability: Tracing the drift from the `Traditional non-liability rule’ to `assumption of liability’ through judicial precedents AbstractTraditional corporate law has been applied over the years to deal with the liabilities arisen after one company’s acquires another company The general rule says that an acquiring corporation doesn’t assume any liabilities of the predecessor corporation. The courts over the years have evolved this traditional stance and laid down exceptions, making the successor corporations assume such liabilities. This paper has […]

The Doctrine of the Immunity of the Crown in the UK and India

INTERPRETATION OF STATUTES PROJECT ABSTRACT Statutes Affecting the Crown/State The general English rule is that the “king is above the law” and all statutes are meant for the subjects only and the crown is not bound by them. The rule of Common Law ‘Roy n’est lie per ascun statute, si il ne soit expressment nosme’ meaning the statutes neither control the crown nor the rights or properties of the crown, unless expressly or by necessity or by implication is named […]

Dr Ram Manohar Lohiya National

For the purpose of making project in the subject Administrative Law, a very distinct and important topic has been taken as the central issue of it. The “Doctrine of Substantial Ultra Vires” which is the present issue in concern is a substantial principle of administrative law having its own importance and influence in the legal scenario irrespective of the boundaries of law. Therefore the research would be deliberating upon the topic concerned. Research methodology to be followed: To deliberate upon […]

Taxability on Sale of Agricultural Land

Taxability on sale of Agricultural Land How to determine whether a land is agricultural land or not? Æ’Ëœ Agriculture income and sale of Agricultural Land Considering the effect of combined reading of the section 2 (1A) and 2 (14), the High Court has observed that capital gains arising from sale of land used for agricultural purposes would be revenue derived from such land and therefore, agricultural income within the definition under section 2 (1A) with the result that the parliament […]

Taxation in Singapore

Tax is source of income for the government and it is used for social benefit in a country. It helps the government develop the country and protect the country such as building roads, building, hospital or purchasing weapon, paying salary for police. It also helps everyone more equally between poor and rich group by providing social amenities. Income tax for individuals under for section 10(1) are gains or profits from any employment section [S10(1)b]; dividends, interest or discount [S10(1)d]; any […]

Taxation on Trusts

Taxation on Trusts As we know, a majority of trusts are subject to taxation. There are a number of different trusts, each with a different type of taxation. Of course we know that a trust is “a relationship where a property is held by someone (trustee) for someone else (beneficiary). Trust can be used to protect against creditors, probate, reallocation in divorces, and some tax obligations. A trustee is in charge of making sure that the trust’s taxes are up […]

The Capacity of the European Arrest Warrant

Critically discuss the capacity of the European Arrest Warrant to diminish traditional values of legitimacy and due process in criminal justice Judicial cooperation is regarded as one of the main focus of the European Union (EU) integration in criminal matters. In the past decade we have seen revolutionary introductions of new mechanisms in the field that have reformed EU criminal cooperation and have favourably developed the EU into an area of security, freedom and justice. The pioneer initiative in this […]

The Carriage of Goods by Sea Act: a Case Study

>Introduction The law relating to the carriage of goods by sea is significantly difficult to master. In general terms, it often involves overlapping jurisdictions, which can make it difficult to ascertain the governing law of the contract, unless the law has been expressly agreed by the parties to the contract. In this case, it is clear that the Hague-Visby Rules apply, given their express designation in the bills of lading relating to the crates. Other contracts may not be as […]

Terminating a Lease

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 […]

Terrorism: no Easy Definition

Running Head: TERRORISM: NO EASY DEFINITION Why is Terrorism so hard to define? Violence Undefined TERRORISM: NO EASY DEFINITION Abstract My first Reaction Paper in Module 2 discusses why terrorism is so hard to define. This paper will address the many uses of extreme force and violence that is meant to make the government or population alter its direction. Dyson states, “it can take a variety of forms, including left wing, right wing, special interest, single issue, religious, ethnic, and […]

The Alteration of the Registered Trademark

Alteration of the Registered Trademark Trademark is a mark which distinguishes one goods to another; it can be a word, name, get-up used in relation to particular goods to indicate the source and origin of the goods. Section 2 (zb)[1] defines the term ‘Trademark’ means a ‘mark capable of being represented graphically and which is capable of distinguishes the goods or services of one person from those of others and may include shape of goods, their packaging and combination of […]

Terrorism and Surveillance: are you being Watched?

Running Head: TERRORISM: SURVEILLANCE 1 Are You Being Watched? Valuable Information TERRORISM: SURVEILLANCE 2 Abstract My Reaction Paper in Module 5 discusses the many different methods of conducting surveillance. It will also introduce the three (3) different types moving surveillance, fixed (also known as stationary and picket) and combination surveillance. What’s more, surveillance is in some ways it is an expression of power. It is like being watch in all aspects of life. Having a stranger watching can make a […]

The Application of Hibah and Will in Property

Chapter 3 – Application of Hibah and Will in Property 3.1 – Property in Islam The property and wealth of a person is consider as a gift from Allah SWT that shall be used in accordance to his commandments. Therefore, strict rules regarding a person’s property and wealth has been clearly specified by Islam. This is to ensure it to be properly manage because every single thing in this universe belongs to Allah SWT and therefore, human being are the […]

The Armed Forces (Special Powers) Act

The Armed Forces (Special Powers) Act and Jurisprudence behind the Act THE Background OF ARMED FORCES SPECIAL POWERS ACT In November 2011, the central government extended the Armed Forces Special Powers Act in J&K for another year. The Act was first imposed in the state in 1990 and since then its term has been extended every year by the unanimous agreement of all concerned agencies. This time around, however, the decision to extend the Act met with some opposition. The […]

Restrict Financial Liability to a Specific Sum

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 […]

Government Essays