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 […]
My research project will examine if DNA should be tested in earlier rape cases. Before the mid 1990s DNA was not tested a much as it is today in rape cases. Because of the lack of testing, it is possible that many innocent individuals are serving time for a crime they did not commit. This […]
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Get help with your assignmentRestructuring, Professionalism and ethics in Insolvency Practice Assessment Item 2 Discuss the legal and professional responsibilities arising from the facts set out below for Gerard Mann, ( a director of Manu Ltd and ManF Pty Ltd) and Reconstruction Remedies Larry Liquidator a registered Insolvency liquidator. Key facts of the case Manu Ltd (part of a […]
It is widely accepted that economic efficiency is the primary consideration and legitimate doctrine when contemplating the goal of competition law. This is agreed upon by both legal and economist scholars. [1] Economic efficiency brings about monumental benefits; it stimulates the economy, reduces the prices of products, and improves development innovation and creativity, creating new […]
Today’s jury within the Australian legal system strives to achieve justice by reflecting on the moral values of people in the society. The jury is claimed to represent the judgement, values, and standards of the community. It is said to project liberties between the tensions of the legal system and the people. However, criticisms have […]
Should Good Faith Have Any Place In English Contracts? This paper will discuss how good faith obligations might be understood into contracts, and also the issue of how express terms within a contract requiring good faith should be interpreted within a contract. I will be looking into a number of court cases; the European Council […]
In legal reasoning, the idea that a right answer can be found in hard cases is pure fiction. Discuss. Introduction It is often said that ‘hard cases make bad law’, but it is submitted by way of an opening observation that categorical statements regarding the law and its modus operandi are misleading at best and […]
Prevention is an important facet of criminalization, but one that must be subject to principled constraint, lest it result in an overextension of criminal law. There also exists an idea of criminalization as last resort, ultima ratio regis. This is not a constitutional principle and the ambit of this principle should be fairly limited in […]
Shareholders play an important part in the corporation. They are very vital for the company. They have the power to take company decisions and influence the working of the company. The shareholders are able to exercise such influence and control over company only when they are free to exercise their rights in a legitimate manner. […]
Should the UK adopt a written constitution? A constitution is the commonly acknowledged body of principles or established regulations and procedure to which nation states are governed by and recognised within Parliament. Britain, along with Israel and New Zealand, is one of only 3 democracies in the world not to have a written constitution (Consoc, […]
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 […]
Incorporating the Law Merchant Into Common Law Analysis the significant developments in the evolution of UK Business Law in the period between 1600 and 1900. Explaining how these developments impact upon the current operation of UK Business Law. In the 1600’s a major development of business law was the incorporation of merchant law into the […]
INTRODUCTION It is undeniable that in cyber world, everyone is able to create a number of personalities that no one could distinguish whether an identity is reliable or not; or, even leave a hole to cyber crimes to carry on internet frauds using different fake identities. Consequently, this circumstance might lead to much confusion and […]
Title: Discuss the effectiveness of Articles 81 and 82 of the EC Treaty in preventing distortions to the operation of the single market ANSWER In The Wealth of Nations [1], published in 1776, Adam Smith reasoned that countries should strive towards the economic goal of a perfectly free market. He argued that a market undistorted […]
Robins & Robins Indemnity can be described as an obligation of making good any liability, damage or loss incurred by another party. In indemnity, one party to the contract holds the other party to the contract harmless for some damage or loss. In this case, the first defense Casings, Inc. will have is that there […]
What is double taxation? Double taxation is a situation that affects C corporations when business profits are taxed at both the corporate and personal levels. The corporation must pay income tax at the corporate rate before any profits can be paid to shareholders. Then any profits that are distributed to shareholders through dividends are subject […]
INDEX Roscoe Pound – Introduction Social Engineering Interest Theory Jural Postulates Criticism Case Law Conclusion Bibliography Roscoe Pound – Introduction Roscoe Pound was one of the leading figures in twentieth-century legal thought. As a scholar, teacher, reformer, and dean of Harvard Law School, Pound strove to link law and society through his “sociological jurisprudence” and […]
Waste Substances Act The coursework problem: Under the (fictitious) Radioactive Waste Substances Act (the Act) no person is permitted to dispose of any radioactive waste except in accordance with an authorization granted bt the Minister for the Environment (the Minister) The Act provides that before granting an authorization under the Act “the Minister shall consult […]
1. Introduction The beginning of the 21st Century has seen a major overhaul of the sexual offences legislation in England and Wales. Prior to this reform the law on sexual offences was based on legislation implemented in 1956[2], with some parts dating as far back as the 19th Century. It goes without saying that this […]
Reasons for the Limited Effects of the International Convention on the Arrest of Ships Table of Contents Introduction History of Ship Arrests and Various Maritime Conventions Key Features of International Convention on the Arrest of Ships Reasons for limited effect of the Maritime convention Contradiction with RTA’s Lack of clear definition Constantly changing Amendments Recommendations […]
MEMORANDUM To Anna Neistat Senior Director of Amnesty International “Recent law in Iran Regarding Contraceptive Measures; Proposed Strategies and Course of Action” Summery Everybody has the right to decide about his/her body without external interference. This right includes decisions regarding the pregnancy and contraceptive measures. In other words, generally no one can impose binding norms […]
REGISTRATION AND DISSOLUTION OF A FIRM In this Unit, we will understand the effect of registration of a firm upon the rights of partners’ inter-se and the rights of the third parties. We will also be looking at the various circumstances when a firm is dissolved and the consequences and the effect of the dissolution […]
Brief 102317 Delivery Date: 13/08/2005 Title: “The remedial constructive trust has taken root in the United States and Canada: it is unlikely to do so in England” – Millet LJ in Restitution and Constructive Trusts 1998 114 LQR p399 Explain the differences between remedial and institutional constructive trusts and the advantages and disadvantages of each […]
Law of contracts Table of Contents Facts of the case Issues of the case:- Relevant Laws:- Application of law:- Suggestions:- References Facts of the case Alice is the owner of the block of land in the region of the central coast and recently got her architect’s plan for developing that site for the child care […]
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 […]
Institute of Law Procedures of Search and Seizure in French Criminal Justice system: A Comparative Analysis Comparative Criminal Procedure Procedures of Search and Seizure in Franch Criminal Justice system a Comparative Analysis Abstract Code de Procedure penale is one part of Franch Criminal Justice Administration framework. In the French system it is portrayed this as […]
Professionalism in Forensics Computing For the first time following the case of Jones v Kaney [UKSC 2011, 13] experts are open to being challenged under the tort of negligence for their work. Discuss the case and its implications of risk for forensics or security experts involved in the investigation and presentation of findings within the […]
Law Part A: Answer 1:The respective parties to the action are as follows: The Public Trustee of Queensland as Executor of the Estate of Joseph Edwin James (First Applicant);PitgatePty Ltd (‘Pitgate’) (Second Applicant); Ian Derek Meyer (‘Mr. Meyer’) (First Respondent); Rosemary Lynn Meyer (‘Mrs. Meyer’) (Second Respondent); and Meyer Gold Mining Pty Ltd (‘MGM’) (Third […]
191893 Delivery Time :Standard – 5 Days per 5000 words Title: QUESTION: PART A (i) Leslie plc, by deed, granted a ten-year lease of certain premises to Target Ltd from 1st November 2000. The lease included covenants by Target Ltd. not to assign or sub-let the whole or any part of the premises without the […]
Property rights and the Constitution This essay will discuss the plain packaging laws for tobacco in the Commonwealth of Australia. A recent High Court of Australia’s judgment in the case of JT International and British American Tobacco v Commonwealth of Australia[1] has upheld the righteousness of the tobacco plain packaging laws. However, the manufacturers have […]
