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. […]
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Get help with your assignment“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 […]
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 […]
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 […]
Question 1 Charlie attacks Betty with an ashtray, killing her and incurring prima facie liability for murder. The actus reus of murder is causing death which requires that the defendant’s act satisfies factual and legal causation. As there are no competing causes of death, these requirements are established and the actus reus of murder is […]
>Introduction We bump into contracts almost every day. Contracts are usually being made orally e.g. boarding a train, purchasing coffee at a shop, purchase cloth at an online store. However occasionally written contracts are sometimes required, such as when buying a car or an apartment. A contract were created because that there is an agreement […]
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 […]
Introduction All contracts are agreements but not all agreements are contracts. A contract is a binding agreement between two or more individuals that is enforceable by law. The Law of Contract in Malaysia is governed by the Contracts Act 1950. Section 2(h)[1] states that an agreement enforceable by law is a contract. Offer and acceptance […]
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 […]
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 […]
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 […]
Carl’s right to be a racist and not be terminated We live in the United States for a reason, and that reason is our freedom. We have many rights, which fall under the United States Constitution, which helps to protect our rights as U.S. citizens. Carl is a hard worker and it seems that he […]
The laws enacted to protect people against discrimination in the workplace would protect the position of Mr Gruffin (Mr G) who probably has a valid argument that he has been discriminated against although more detail would be required in relation to establishing exactly why he has been discriminated against. The main spheres of law which […]
After a strike, does the employer have an obligation to place striking workers back in their prestrike position if there might be violence aimed at them? Diamond Walnut Growers Inc. v. NLRB According to the book “If the employer replaces the strikers with new employees, then once the strike is over, the strikers have a […]
INTRODUCTION Modern business enterprises taking tremendous effort to maximize their profits by implementing their own market strategies, corporate governance has lot to do under such circumstances. Corporate governance comprehensively refers to the main mechanism which involves in the process of regulation and existence of an enterprise.The separate legal entity concept where a company possesses and […]
Comment on and describe the particular difficulties arising in cross border estates, i.e. a person dying with assets in several jurisdictions. Cross border estates have inherent difficulties that centre on the legal and fiscal consequences when the investor dies. There are varying rules in the different countries and various operations in regard to succession. Some […]
Topic – Corporate Responsibility: Should there be more or less government regulation? With over 1 million businesses operating in Canada, corporate responsibility is a major issue that should be recognized by citizens within society. In simple terms, corporate responsibility is the ethics and morals of a business. Many corporations in Canada have a tremendous amount […]
Current money laundering threats and trends Traditional Money Laundering Typologies Structured Transactions Deposited to Financial Institutions It is true to say that the smuggling of prohibited goods will bring a huge amount of money to smugglers. That money, in the end, must be integrated into the economy in order to be used. The transfer of […]
Corporate social responsibilities (CSR) CSR is the standard where organizations ought to help the welfare of society and not be singularly given to boosting benefits. It is an idea that associations have a commitment to consider the investments of clients, representatives, shareholders, groups, and biological contemplations in all parts of their operations. Socially mindful organizations […]
Introduction With the advancement and sophistication of today’s technologies, the world is no longer safe from privacy. Worst of all, there is no law that is able to govern or defend against data privacy or personal data in the Cyberworld. As a result, hackers/perpetrators breach into the privacy of victims, stealing valuable and personal information […]
Counterfeiting case-laws 4.1 General introduction Counterfeiting cases keep on mounting everywhere on earth, except those countries that have understood that only by disrupting demand will they be able to deter this illegal trade. No lawsuit has yet been tried against end-purchasers of counterfeits; reason being that those found liable are mostly punished by fines imposed […]
In 1996 at a conference on cyber-law, Judge Frank Easterbrook of the US Court of Appeals gave a presentation on Property in Cyberspace in which he argued that cyber-law as a strand of law did not exist, for the same reasons that there was not a law of the horse”. He argued that Teaching 100 […]
Black cascading robes, white periwigs and the resounding thud of a court hammer are the images often associated with the administration of criminal justice. Over the course of my court attendance I quickly realized that this idealized perception fails to reflect the complexities of the criminal justice system. The first issue I will discuss is […]
DATA PROTECTION AND THEFT Forms of Data in Law Firms The (Indian) Information Technology Act, 2000 (hereinafter referred to as the Act) deals with the issues relating to payment of compensation (Civil) and punishment (Criminal) in case of wrongful disclosure and misuse of personal data and violation of contractual terms in respect of personal data. […]
‘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, […]
Introduction Data means information which is being processed by automatically operating equipment in response to instructions given for a particular purpose. Data is also a part of a “relevant filling system”. Data is recorded with the intention that it should be processed by means of such equipment. Data also is recorded information held by public […]
To decide whether an offence has been committed, first discuss the issue of causation. If Diana has caused Edmund’s death, we examine what offences she may have committed, and consider whether Diana may have any defences, including the partial defences to murder of provocation and diminished responsibility. In cases of murder and manslaughter, we must […]
Introduction to Defamation. Defamation also called calumny, vilification, slander and libel is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. Defamation is the publication of a statement which refers on a person’s reputation […]
