“The rules relating to refreshing memory allow a witness, who has forgotten everything about an incident, to still provide testimony. To that extent it subverts the purpose of examining a witness as it means they cannot be properly questioned about their recollection since they are testifying about what they are reading and not what they […]
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 […]
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Get help with your assignment‘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 […]
Equity evolved to cover the cracks within the common law. Over the years it has evolved a separate but parallel set of legal rules which complement the common law. The case of Dudley v Dudley illustrates this by announcing that ‘Equity does not destroy the law, nor create it, but assist it’. The common law […]
Dear Sir, RE: ADVICE ON ALLEGATIONS MADE AGAINST YOU. We have received your email on17th December 2014 and are now pleased to advise you on the matter. 2.0MATERIAL FACTS 2.1That you had received a document from a man in uniform due to the complaint made against you by the public for causing a nuisance while […]
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 […]
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 […]
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, […]
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 […]
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 […]
TASK 1 Explain the written and unwritten law. Written law is the most important source of law. It refers to the portion of Malaysia law, which includes the following: – Federal and State Constitutions; The Federal Constitution is the supreme law of the land. All of the thirteen states have their own constitutions known as […]
Misconduct by Prison/Correctional Officer Are ethical influences imperative in the deterring of corruption by correctional officers within the prison system? “Sometimes corruption is slowed by shedding light into what was previously shadowed”. (P Wolfowitz et al 1943) The human resources in the criminal justice system, incessantly has opportunities and temptations of committing unethical acts. Inclusively […]
The concept of Sustainable Development in the current political climate has gone beyond environmental pollutions. It now encompasses issues in trade, finance, technology just to mention but a few. But this essay concentrates on environmental pollutions as this is a global phenomenon. During the course of compiling this essay, we have examined how the UK […]
Ethics in Criminal Justice Administration Analysis The model of due process meet ups the criterion for ethical and professional standards that are in the criminal justice system. The model departs to demonstrate that individuals in the criminal justice system are themselves conducting in an ethical and professional manner that sustain the rights of all persons […]
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 […]
Research Essay APPENDIX A: RESEARCH ESSAY In situations of conflict between EU law and National law, which law is to prevail? The European Union treaty is mostly silent on which legal authority should be followed in situations of conflict […]
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 […]
The case law of the European Court of Justice on matters of sex discrimination considerably expanded the scope of Article 141. More recently, in applying the principle of equality, the court has shown uncharacteristic restraint. Prior to the treaty of Amsterdam, the then Article 119 of the EC Treaty provided: “Each Member State shall during […]
ASSIGNMENT 1: TOPIC 2 OVERVIEW Traditionally, legal protection was rarely granted to unborn child and in the event they were granted such protection, it was strictly dependent on their live birth.[1] Since then, the law governing a mother’s liability for prenatal injury has evolved and varies drastically across many jurisdictions. For example, in Canada, the […]
Introduction There are numerous people around the globe who are unaware of the regulations and laws of the countries they are living in. Practically, the labor law is the foundation of laws, precedents and administrative regulations which addresses the lawful privileges of, and binds individuals who are working in companies. This research will highlight different […]
Are vulnerable and intimidated witnesses adequately protected during cross-examination under the current law? To appear as a witness in a criminal trial has been described as a terrifying, intimidating, difficult and stressful ordeal. [1] It is not an easy experience for vulnerable and intimidated witnesses when the issue of giving evidence about the incident they […]
ENERGY LAW-GAS MARKET REFORMATION Distribution Grid of Natural Gas It is the grid which is developed or is going to be developed in accordance with approved program of development Natural Gas Distribution Companies The companies which occupy with issues of natural gas distribution grid. Regulatory Authority of Energy (RAE) The Regulatory Authority for Energy (RAE) […]
Main Issue Whether the death sentence violates the Eighth and Fourteenth Amendments? Relevant Legal Concepts “Reasonable people can differ about whether the ethical judgments embodied in these legislative and judicial decisions should be legally sanctioned as the public policy of the state.” (p. 64) “A person whose behavior is consistent with moral principles is said […]
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 […]
Domestic Violence – Fact or Fiction Domestic violence in Australia is one of the most prominent issues of our lifetime. For a long time, women were treated as possessions by men and the law did not legally recognise occurrences such as rape of a wife by her husband. More recently though, societies beliefs and attitudes […]
The fact in Donoghue V. Stevenson[1] was that the appellant drank a ginger beer that was bought by her friend in a cafA© and she drank part of it from her cup. Her friend poured the rest and a decomposed snail was seen floating on the ginger beer. The nauseating sight coupled with the fact […]
Introduction: A company which is not carrying on any business or which is not in operation is called a defunct company. In a general circular, issued by the Ministry of Corporate Affairs (MCA) the defunct companies have been described as that: certain companies have been registered under the Companies Act, but due to various reasons […]
Under the duty of care, there is another test used by the court in determining whether there is negligence in carrying out the duty of care which lead to the other person suffering from the damage as a consequences of the act. The test said in the above is called the Caparo ( composite) test. […]
“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 […]
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 […]
