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Freedom of Speech and Internet

Freedom of Speech and Internet Background and context The right to freedom of speech expression and to hold opinions without interference is one of the fundamental rights guaranteed by most of the constitutions of the world including India and America. Presence of free, uncensored and unhindered Internet and press are essential to ensure freedom of speech and expression. “Unlike any other medium the Internet facilitated the ability of individuals to seek, receive and impart information and ideas of all kinds […]

University of Maiduguri with Disciplinary

Garba v.University of Maiduguri with Disciplinary issues in Tertiary Institutions Introduction A watershed moment in the landscape of the nation’s judicial decisions took place in the last century in the case of Garba v.University of Maiduguri[1] Where the Supreme Court laid down a marker in respect of disciplinary issues in our tertiary institutions, and the limits and otherwise of the powers of institutions to punish erring students. The decision has been the subject of criticism, and it has been […]

Good Faith and Contract Law

Good Faith & Contract Law “the governing principle … applicable to all contracts and dealings “. This statement was made by Lord Mansfield in 1766 and was an (unsuccessful) attempt to raise good faith to the level of a general principle, the common law as it subsequently developed rejected his initiative. The traditional law of contract, as it became established in England in the second half of the nineteenth century, did not impose or recognise a general duty of good […]

Handyside V United Kingdom

Title: “Freedom of expression constitutes one of the essential foundations of …a [democratic]society…[It]is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the state or any sector of the population.” Handyside v United Kingdom Essay on Freedom of Expression The case of Handyside v United Kingdom (1979) is a prime example of the competing issues faced by the Courts […]

Have Law and Equity Influenced each Other?

1 Table of Cases Bank of Boston Connecticut v European Grain and Shipping Ltd Central London Property Trust Ltd v High Trees House Ltd Cresswell v Potter (1978) 1 WLR 255 Cuckmere Brick Co Ltd v Mutual Finance Ltd Earl of Oxford’s Case (1615) 1 Rep Ch 1 Napier and Ettrick (Lord) v Hunter Tinsley v Milligan United Scientific Holdings v Burnley Borough Council Walsh v Lonsdale Table of Statutes Bills Supreme Court Act 1981 Supreme Court of Judicature Act […]

Judicial Discretion and Jurisprudence

Moral questions impact the law at every corner. A rigid separation between morality, law, and discretion is implausible and, as Wacks defines it, “an improbable enterprise.” [1] In theory and in practice, the judiciary functions as the crux of the common law in Hong Kong. It is therefore in judicial discretion that the perception of law is segregated into two main schools of thought: legal naturalism and positivism. The naturalistic claim that the very essence of law is its morality […]

Copyright Holders

Introduction Commons now a days is defined as the set of several elements that include “literature, art, music, film, design, radio, television, software, information and heritage sites”. Commons have been characterized into different classes which are- digital commons and environmental commons. Digital commons as defined by Mayo Fuster is the resources of information and knowledge, which are developed and possessed or distributed among two agencies or people that are freely available to the public. Public domain refers to those creative […]

English Land Law

English Land Law (a) For conveyances completed on or prior to 27 September 1990, a valid contract of sale of land was governed under s 40 of the Law of Property Act 1925. Any land contract could be either oral or written but, if oral, evidence via a written document or an act or part performance was required to facilitate enforceability. For post 27 September 1990 conveyances, the rules under s 2 of the Law of Property (Miscellaneous Provisions) Act […]

Equitable Rights to a Property

A) After considering the concern you have raised during our meeting I have prepared a summary of the law and advice. Although there is not any reference to notice or restriction on the property there are equitable rights which can bind the purchaser of a property even if there is not any reference to them on the register. Martin has stated that he has paid half the purchase price of the property when he and Penelope purchased the property. When […]

Equity and Trust Law

Brief : 189084 Delivery Date : 18/08/06 Title: “There is no single convincing explanation for the operation of the resulting trust..” Discuss ANSWER Introduction It is submitted that the resulting trust is a form of implied trust that is created by the inference of the law in circumstances in which the actions of the parties concerned and the characteristics of the transaction between them suggests a legal intent to establish a trust relationship. Resulting trusts resemble express trusts from many […]

Equity and Trusts Advice Style Answer

This paper seeks to establish whether Bill had any rights either in real or personal claim over the said estate located in Luneborough. It would identify the type of remedy, if any generated consequent to the breach of Bill’s rights. It would also identify the type of enacted that recognizes the right afforded to Bill, that is if any and provide the remedies available for the protection of the rights. The next requirement would be apply the law to the […]

Equity and Trusts- Charities

Introduction The first issue that needs to be considered is whether Holmfirth Wheeltappers’ and Shunter’s Benefit Society is charitable. On the facts of the scenario it is evident that the association has not been established for charitable purposes as defined by section 3(1) of the Charities Act 2011. The next issue arising is that the association is obviously not a company and so it is an unincorporated association. Lawton LJ set out the definition of an unincorporated association in Conservative […]

European Community Law

To what extent can it be said that the European Court of Justice has “run wild” in its creation of the fundamental principles of European Community Law? Introduction The Court of Justice of the European Communities sits in Luxembourg. Arnull et al[1] accord this body a seminal role: “Some of the concepts which are fundamental to the way in which the Community functions are to be found, not in the Treaties themselves, but in the case law of the Court.” […]

European Union Law

Title: European Union Law: Answer all three questions equally within the word count of 3000 1. Manuel, a Spaniard, is a recent graduate of the University of Barcelona, having gained a degree in Leisure and Tourism. Manuel wishes to undertake post graduate research on English soccer hooliganism and he has applied for a number of jobs in England to help support him while he is undertaking his research. He receives an offer of a job with Torquay Borough Council as […]

E-Voting: Whether to Protect or Extinguish Corporate Democracy?

INTRODUCTION In the contemporary age of technology, rights of the shareholders can be better protected. E-voting is one such example. E-voting process or postal ballot system has been introduced in order to secure wider participation of shareholders in the decision-making of the company. E-voting makes it more convenient for people finding it difficult to attend the meetings physically. This was suggested by the Second Naresh Chandra Committee Report and the J.J. Irani committee in as back as in the year […]

Exam Answers on EU Law

(a) The UK Parliament wishes to challenge the draft Directive on the basis that it infringes the principle of subsidiarity. The UK Parliament has a system of scrutiny committees that are responsible to review the proposal established by the EU Commission. In the given scenario, the draft Directive touches on the area of ‘Research, Technological Development and Space’. According to Article 4 of Lisbon Treaty, the EU and Member States have shared competence in this field, but paragraph 3 further […]

Examining Use of Warranties in Marine Insurance

‘The term ‘warranty’ has been described as ‘one of most ill used expressions in the legal dictionary’. There are several types of warranties in marine insurance ranging from express warranties to implied warranties that are divided to seaworthiness, legality of voyage non-deviation, neutrality, nationality, safety, legality. In this essay special importance will be given to the notion of seaworthiness and different aspects of it. It was often the case that warranties in marine insurance were considered to serve the insurer […]

Exceptions to Indefeasibility

Exceptions to indefeasibility Indefeasibility of title which means that the owner’s title or interest in the land become not able to be defeated or doubted by any unfavorable claim which are not stated in the register. The case of Teh Bee v K .Maruthamuthu held that if there is no any of the vitiating factors stipulated in section 340[1] of the National Land Code (NLC) 1965, once the title is registered, it is indefeasible. For example, when Hanif bought a […]

Family Law Answers to Problem Questions

Family Law Introduction The law of divorce is governed under the Matrimonial Causes Act 1973 where it provides the sole ground for divorce, namely that the marriage between Jason and Sandra has broken down irretrievably.[1] Nevertheless, in order to establish irretrievable breakdown, Jason will have to show that one of the five facts listed in section 1(2) of the MCA 1973 has been established on proof (Richards v Richards)[2]. Meanwhile, it is notably that the court in England and Wales […]

Exclusion Clauses in Contracts

The issue is whether the exclusion clause Coaches Ltd intends to rely on was incorporated into the contract, and if so whether it is effective in excluding Coaches Ltd’s liability. The first point is thus whether the exclusion clause was expressly incorporated into the contract. The clause was printed on the back of the invoice sent to Chelsea Ltd after the telephone booking. As the contract was oral and took place over the telephone, this means that the clause was […]

Developing Common Law in Environmental Law Policy

“Common law actions have in recent years proved to be a fertile ground for environmental litigation, although the judiciary have demonstrated a rather lukewarm response to attempts to use torts as a mechanism to control the adverse impacts of pollution on people, property and the wider environment. The courts have shown a preference for specific pollution legislation, such as the Environmental Protection Act 1990, and have shown minimal support for attempts to develop the common law as a means for […]

Digital Evidence Admissibility

Law Examination Q3: Outline and discuss the factors which will determine the admissibility of computer-generated or computer stored evidence Answers: Admissible Evidence Before determine the admissibility of the computer-generated or computer stored evidence, we should know an evidence of what conditions are needed to meet is an admissible evidence. Gerald and Kathleen Hillgave us a definition of admissible evidence: ” evidence which the trial judge finds is useful in helping the trier of fact (a jury if there is a […]

Direct Effect of European Community Regulations

1) The matter at issue include: (a) direct effect of European Community (EC) regulations; (b) direct effect of EC directives; and (b) the principle of state liability. (a) Direct Effect of Regulations Article 249 of the Treaty Establishing the European Community (TEC) state: ‘…a regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States’. Thus, a regulation does not have to be implemented by Member States through national legislation for it […]

Directors’ Duties Problem Question

The establishment of Shine Ltd was with the sole intent to produce industrial solvents and cleaning solutions. Appointment of the office of managing director was given to John to cover that post. During this course, the company acquired an agreement with XYZ plc a conglomerate. While still under the directorship of John the company came up with a new super glue. In his capacity as a director, he presented this to the manager with the hope that it would be […]

Director’s Legal Duties and Obligations

Companies’ directors are persons who are vested with the responsibility of the management of the company’s affairs. A company is usually composed of two main organs which are the board of directors and the members in general meetings. Every company provides the director extensive powers to supervise manage and control the company. Likewise every director owes certain duties and responsibilities towards the company. Directors stand in a relationship of trust and confidence with the company that is fiduciary relationship. [1]A […]

Dispute Settlement in Bilateral Investment Treaties

DISPUTE SETTLEMENT IN BILATERAL INVESTMENT TREATIES PUBLIC INTERNATIONAL LAW Dispute Settlement In Bilateral Investment Treaties Introduction Foreign Investment plays an important role in economic development. Mostly developing countries want to encourage foreign investment. When foreign investor invests in a host country, he faces many risks some of which include: Unlawful expropriation of investment, currency transfer restrictions in host country, host nation treating national investor more favourably than the international investor. Such problems could affect the international investment relations. To […]

Domestic Law Approaches to Multinational Corporation Accountability

VII. Domestic Law Approaches to Multinational Corporation Accountability Although frequently noted that MNCs should abide by host country laws it is obvious that MNCs must do that, if they broke local laws they would not be allowed to conduct business (that is notwithstanding that in some cases local laws are not enforced), however this does not prevent MNCs from abiding by better standards, such as those of their home countries, nor does it absolve them from legal liability outside of […]

Suitable Legal Framework

With particular reference to the case law of the European Court of Justice and Court of First Instance, critically assess to what extent the EC Treaty provisions on annulment actions (Article 230 EC) and on non-contractual liability (Articles 235 and 288 EC) provide a suitable legal framework for rendering the legislative activities of European Community institutions accountable to private individuals? Article 230 EC Article 230 EC provides that qualified persons may challenge the validity of Community acts before the European […]

Ejusdem Generis Examples

Introduction The word “ejusdem generis” means “of the same kind or nature”.[1] The rule of ejusdem generis is that where particular words are followed in general, the general words should not be construed in their widest sense but should be held as applying to objects, persons or things or the same general nature or class as those specifically enumerated,[2] unless, there is a clear manifestation of a contrary purpose. To put in a slightly different language, where general and special […]

Criminal Law and Police Administration

ELEMENTS OF CRIMINOLOGY, CRIMINAL LAW AND POLICE ADMINISTRATION PROJECT A Project Report CONTENTS Table & Contents List of Table and Figures Preface 1. Introduction 1.1 Law 1 1.2 United States constitution 2 2. Miranda Rights 2.1 Definition 3 2.2 History 3 2.3 The lines and its interpretation 4 2.4 Exceptions to Miranda Rights 5 2.5 Waiver 6 2.6 Violation 8 2.7 Consequences 8 References LIST OF FIGURES 1.1 1 1.2 3 2.1 Table 2.1 PREFACE The constitution of any country […]

Government Essays