Introduction It is well settled principle that the person who has applied his labor over the work should get the right of ownership over that work; this is one of the methods to justify the intellectual property. For the purpose of this project and before moving ahead we need to understand the justifications required to […]
Question 1 Issue The issue is whether the contract entered into by Harry, a clerk in the factory office is enforceable against the company. Rules A company can enter into a contract by the virtue of s124. There are several ways a company can contract with the outsiders. One common way is to affix the […]
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Structure: Analysis, Legal rules and Application Introduction and General Analysis Peter, Alan, Sarah and Paul are the four directors and shareholders of East Ltd. The majority shareholder is John. Paul is both the company’s managing director and chairman. The company’s articles of association are based on Table A. Paul was approached by West Ltd, […]
Tort of Negligence The word tort is derived from the French word meaning wrong. A tort in the modern law refers to an approach which is a civil wrong. The tort of Negligence protects person, assets and financial interest from damage caused by a person not taking reasonable care. Application of Law 1. In the […]
Discuss the ECJ judgment of 10 October 2013 in Case C-86/12 Alokpa and Moudoulou in the light of the case law on Union citizenship and on the Charter of Fundamental Rights. The case of Alokpa and Moudoulou[1] concerns the right of Union citizens and their family members to move and reside freely within the territory […]
Chapter 1 Introduction- An Analysis of the Emergency Provisions in the India. It is the President who can proclaim an emergency when he receives in writing a decision of the Union Cabinet to that effect. Ours being a parliamentary system, the President could proclaim emergency only when advised by the Council of Ministers through the […]
Rule of law in general terms is about equality before the law where everyone are protected under the same law of the land regardless of your status in society. In narrow context, it does not really matter whether the law upholds the concept of rule of law or not, but as long as the people […]
Mispresentation Misrepresentation is a civil wrong under the branch of law of torts. This explains that a misrepresentation is a consequence on civil liability if it results in a monetary loss. For instance, let’s say that a real estate speculator possesses swampland but promotes it as appreciated commercially zoned land; this act will be known […]
Applying the grounds for divorce Grounds , there are lots of grounds for divorce and those are the five facts which the divorce must fall under if they do not fall under any of the five below then they is a low chance of getting divorced. Also reasonable grounds must be a good reason in […]
Negligent Misstatement Elimination of the other two objects: First is about cleaner. The normal rules of negligence applied to the case of property owners and persons injured on the property. Because of this, the cleaner isn’t the owner of the highly polished floor, which means cleaner doesn’t have the duty of care to Dylan. On […]
Short Paper #2 Dr. Green’s home was searched by the police after a judge issued a valid warrant because he was suspected of stealing new university material. While the police conducted their search they found 200 sexually explicit videos and movies both in VHS/DVD and on his computer. Fifty of these movies contain child pornography. […]
CONTRACTS Scope of Advice The following documentation will aim to provide legal advice to all parties and their contractual agreements formed prior. John – Race horse trainer Ann – Horse transport business owner The issues of determination of terms, material breaches and liabilities, will be discussed within this scope of advice. John Terms Agreed Clauses […]
1. Brief introduction to the scenario 1.1 Significant facts found between Barnard Building (BB) and Happy Construction (HC) HC negotiated with BB and was successful in winning the contract. BB sent the offer letter to HC with detailed term and conditions via post. HC sent a counter offer via post. No communication is made from […]
A tort is primarily a civil wrong which is essentially concerned with compensation for damages as a result of the defendants acts or omissions. Unlike other legal concepts, tort aims to compensate the victim rather than punish them as in criminal law. ” [1] Many people divide tort law into three rough categories: negligent torts, intentional torts, […]
QUESTION What distinguishes a commercial contract from other agreements, be they family arrangements or gentlemen’s agreements? Illustrate your answer with cases. Answer: Agreements: Agreements are not legally enforceable. This consists of an offer and acceptance to that offer without intention to make the agreement legally binding. Agreement = Offer + Acceptance Contract: A contract on […]
Interpretation of Statutes CONSTRUCTION OF MANDATORY PROVISIONS I. INTRODUCTION There is no universal rule regarding the construction of statutes. It is the duty of the judiciary to try and determine the real intention of the legislature by prudently taking into consideration the entire scope of the statute to be interpreted.[1] The study of various cases […]
Contrast liability in tort with contractual liability A contractual liability means that all persons involved in the contract have the contractual duties to complete all conditions in the contract, while liability in tort means that a party causes damages to another party and is liable to remedy to that party no matter it is intentional […]
‘It is inappropriate for courts to seek to take account of considerations of distributive justice in their decisions in tort such factors are ones for the legislature alone.’ Critically evaluate this statement. In order to evaluate whether or not it is appropriate for the courts to take account of considerations of distributive justice in tort, […]
Brief : 194325 Delivery Date : 29 March 2007 Title: Download a case from the Europa website. Find the ECJ judgment for criminal proceedings against Kolpinghuis Nijmegen BV 80/86. Based upon this download of the judgment, answer all of the following questions. ANSWER Source: Judgment of the Court (Sixth Chamber) of 8 October 1987. Criminal […]
“An attempt to arrive at definition of equity is bound to fail. Equity cannot be confined within some tightly drawn formula. The most that can be done is to indicate the main areas in which equity intervenes in the legal system, to estimate the value of those interventions and to try and estimate where […]
Question One Fiduciaries have important obligations and duties some of which have been stretched to encompass areas which have not traditionally formed part of the duties. This assignment will explore some of these duties and discuss whether or not they have been stretched to there limit. It will be concluded that fiduciary duties are particularly […]
FORECASTING DIGITAL CRIME AND DIGITAL TERRORISM Forecasting Digital Crime and Digital Terrorism Trends Introduction The ongoing cyber-criminal threats all around the United States result in major financial losses. Cyber-crimes also have an impact on the critical substructure of an organization such as supply chain and intellectual property matters. Thus, various critical infrastructures face a major […]
Human rights are based on values, which are broadly, if not universally, shared and are gradually converging towards a common set of standards that can be accepted and enforced. Nonetheless some query whether these ambitions, however admirable, are reflected in the realities of practice. Jeremy Bentham stated that ‘from real laws come real rights; but […]
Such commissions are appointed to ensure that administration of the state is carried on in accordance to the provisions of the Constitution. However, the abuse of this power for political purposes cannot be ruled out. In his dissenting judgment in State of Karnataka v Union of India[i], the learned Judge held that such enquiry commission […]
TABLE OF CONTENT Executive Summary The UAE keeps up a position as the significant exchange and venture center point for a huge geographic district, which incorporates the Middle East and North Africa, as well as South Asia, Central Asia, and Sub Saharan Africa. The nation positioned nineteenth in the World Economic Forum’s 2013 2014 Global […]
Organizational Effectiveness Organizational effectivenessis termed as the devise of how proficient an organization is in reaching the goals the organization has set. Since of the a variety of types of apparent objectives, organizations analyze their effectiveness in different ways when appraised to further organizations, in addition to those equivalent in output.[ Steers, R. M.] Consecutively […]
PERSONAL STATEMENT ‘The task of modern educator is not to cut down jungles, but to irrigate deserts.’ -C.S. Lewis. I am presently undertaking my dual graduate degree of B.A., LL.B. (Hons.) in Constitutional Law, from Institute of Law, Nirma University, Ahmedabad, Gujarat, India (ILNU). I got enrolled in the 5 years’ integrated professional law course […]
Question 1 Introduction We will consider water and air pollution. We will look at what causes harm to each of these media. We will then move on to consider the legal provisions in place to counteract or prevent that harm. Water This is mainly concerned with inland and coastal waters and the quality of these […]
ASSIGNMENT “Discuss whether the doctrine of unconscionability is appropriate to form the underlying basis for a claim of voidable contract on the ground of undue influence” TABLE OF CONTENT Introduction Common Law Countries’ Position England Australia Canada Malaysia’s position Conclusion Bibliography Introduction According to the Contract Act[1], in section 16(3) when a person entered into […]
RIGHTS OF SURETY In my part I am going to deal with what is the right of a surety. In what conditions he can be held liable and in what conditions he can discharge from his duties. Before coming to rights of surety I am again going to give the definition of surety. According to […]
