Law Essay Examples - Free Samples on Law Essay | Page 38 of 42

Byrne and Frew Vs. Australian Airlines

CONTRACT LAW 1 Name: Professor: Course Code: Date of Submission: Paper Outline: Introduction………………………………………………………….3 What is contract law? Macaulay and Macneil on contracts Relational contract theory Purpose of the paper Case law of Byrne and Frew…………..……….………………………3 Concept of implied Terms and Relational Contracts…………………4 Relational Contracts and Byrne………………………………………..6 Conclusion………………………………………………………………..8 Summary of the points identified. References………………………………………………………………..9 Introduction: Contracts […]

Challenging the Power of the Commonwealth

Part A It is obvious, from the facts presented, that this question is primarily concerned with the implementation of the international convention in Australian domestic law, and the validity of the process of this implementation in accordance with section 51(xxix) of the Constitution, also known as the ‘external affairs power’. Before such a conclusion can […]

The United Nations Security Council International

The United Nations Security Council (henceforth SC) is the executive arm of the United Nations (UN). The SC consists of five permanent members (P-5), namely: the United States, Britain, France, Russia and China. In addition it has ten non permanent members which are chosen by the United Nations General Assembly (UNGA). Calls to reforming the […]

Characterisation and Separation of Powers

Introduction The constitutional validity of the Regulating Organic Food Security Act 2014 (Cth) (Impugned Act, hereafter referred to as IA) is an issue that will be discussed in this essay in addition to whether the National Organic Food Security Commission is valid as well. Both of these will be discussed with regards to the issues […]

Canadian and International Law

Human Rights Violations – Freedom of Expression If individuals were asked to immediately list a few things that they could not imagine life without, many would instantly think of food, water, family, and shelter. However, equally important are the rights that humans must be provided with by the country in which they reside in. Even […]

Civil and Criminal Procedures

Why is ‘civil procedure’ different from ‘criminal procedure?’ In criminal matters, action is taken by the “state” (either federal, state, or local government agencies) against an individual for a violation of the law. A criminal matter can result a sentence such as a fine, probation or time in jail. The sentence is imposed upon a […]

Can the Judiciary Override Statutory Provisions?

“Power to do Complete Justice”: Can Judiciary override Statutory Provisions? Introduction The Constitution of India is the central rule that everyone has to follow from which all different laws determine their power and with which they must adjust. All powers of the state and its diverse organs have their source in it and must be […]

Institutional Functions and Disparate Connotations

In contemporary political and legal beliefs, the term civil law indissolubly provides perplexing connotations. Many harbingers ostensibly understand the term civil law as a substantive area of law which preluded in the times of Ancient Rome. Conversely, individual’s familiar and residing in common law jurisdiction understand civil law to be a private area of law […]

The Children Act

Question 1 When looking at the threshold, it’s important that all factors are taken into consideration. The NSPCC’s research indicates that fewer than three children under the age of 10 were seriously injured or seriously injured every week. To give Lucy a fair overview, it will be important to take into account all facts concerned […]

Rights-based Struggles

Rights-based struggles have proved counterproductive in contexts of sexuality. The importance of rights, and more specifically, civil liberties, can be seen as the legal and political expression of our society. Philosophical notions of autonomy, self-fulfilment, and self expression, in terms of sexuality, have made privacy interests relevant to freedom of action and lifestyle, not merely […]

Carriage of Goods by Sea

Part A: Butcher Ltd & KRY Ltd The contract of affreightment is evidenced by the bill of lading where, as here, the goods to be carried only form part of the total cargo. The liability of the carrier under the bill of lading is now subject to a combination of the rules introduced by the […]

Coastal Security of India and the Gom Recommendations International

INTRODUCTION “If the world were to sit up and take note of terrorism on land, it must now stand to, to use a naval phrase, and prepare itself for possible terrorist acts at sea. The task will not be easy because of the nature of the maritimae domain or the theatre where acts of maritime […]

Autoclenz Ltd V Belcher

Introduction: The conclusion in Autoclenz Ltd v Belcher & Ors[1] indicates a subtle, albeit potentially significant shift in the approach when deciding Employment Status and Sham Agreements.[2] Prior to this case, the written terms of a contract prevailed as long as it is not a “sham”. However the Supreme Court, in this case, has deemed […]

Bommai V Union

Chapter 5 Conclusions and Suggestions Before theBommai[i]decision was delivered, the Constitution of India excluded the jurisdiction of the Supreme Court when the President declared emergency. However, things are now clear that the Court can now scrutinize whether the power provided by Article 356 has been misused or used arbitrarily or that there is no relevant […]

The Separation of Legal Personality

The fact of the Atlas Maritime Co SA v Avalon Maritime Ltd [1]is that Mr Richard Morrison is the director of Stewart Marine, a company which run ship brokers. He wants to buy a vessel which had some broken and the company appointed a technical consultant, Mr Melville Price which from Drake Maritime SA. Drake […]

MORRISON V JENKINS

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Bill of Rights Amendments

Frisk and seizure. This amendment, according to the Fourth Amendment, is all about: people’s right to security, protection from unreasonable searches and seizures, no violation, and that warrants should only be issued upon probable causes. Many scholars taking constitution consider this as the most freedom which has been ensured by the Bill of rights in […]

Assessing of the Law of Tort

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 […]

Biotechnological Innovations and Patent Law

The issue of biotechnological innovations in many respects represents a substantial challenge to law.[1] The provisions in the European Patent Convention 2000(EPC) and the Biotech Directive are lacking in managing this challenge, in light of the fact that they are vague and can’t be utilized to reject indecent advancements. Opinions on patents in the field […]

ASSIGNMENT on SOUND TRADEMARK

“ASSIGNMENT ON SOUND TRADEMARK STEPPING AGAINST CONVENTIONALITY”- INTRODUCTION:- A sound trademark is a non-conventional trademark where the trademark function of uniquely identifying the commercial origin of products or services is achieved by means of an audio clip. They are identified by hearing without support through speech. As such they can be utilized in acoustic brand […]

Prerequisite for Comprehensive Revelations in Biotechnology Patent Application

PREREQUISITE FOR COMPREHENSIVE REVELATIONS IN BIOTECHNOLOGY PATENT APPLICATION INTRODUCTION A patent is a monopoly right that has been granted to a person who has invented a new and useful article; or an improvement to an existing one or a new process of making an article. The patent consists of an exclusive right to manufacture the […]

The Suicide Act

Critically assess whether the Suicide Act 1961 should be amended to permit physician assisted suicide. The Suicide Act 1961 amended the law of England and wales and professed that the act of suicide is not a criminal offence. However, section 2(1) of the current legislation makes it a statutory offence to “aid, abet or counsel […]

Building and Planning Regulations in Sri Lanka

Introduction to Law and Regulation Framework Introduction. This coursework report describes under law and regulatory framework. From this assignment aims to provide a study about building regulations, planning regulations in Srilanka. This report provides regards to the ongoing project at Villa Garden, Albert Crescent, Colombo 07. Project scenario The […]

Supremacy and Member States

Introduction Each of the member states of the European Union have a constitution of some sort; whether it’s written or otherwise. Most of them have a written constitution (with the United Kingdom being one of the few who doesn’t), and this can cause a great many problems when it comes to EU supremacy if it […]

Business and Employment Law

End of Chapter Questions – Business and Employment Law Week One Page 32, question 5: Is the hospital correct? What additional information might you wish to know to answer this question? The classification of an employee and independent contractor is brought up in the case of Wojewski versus Rapid City Regional Hospital Inc. (Bennett-Alexander & […]

A Tort Law

Introduction Based on the question, Mark had suffered property damage due to the fire that was set by the youths. Therefore, we are required to advice Mark in respect of any claims he may have against various parties: the Amber Borough Council (hereinafter ABC), Chigley Services, Home Office, Justin and Jason, and the Fire Brigade. […]

Australian Consumer Law

Answer 1 Liability of Mr and Mrs Lee in this case At the time when loan ws taken by their son and Lim, when guarantee was entered parents Mr Lee and Mrs Lee were old, did not understand English well and had received no independent advice. Banks under the provisions of ACL cannot seek to […]

Australian Criminal Law System

Part 2: critical legal analysis: You must critically analyze and discuss the question. You must support each of your agreements with authority. If there is no case law to support your argument, you may use any academic or other literature or commentary that supports your argument. Q4:The common law of Australia does not recognize that […]

Australia’s Legal System

Business Law Assignment 1. Australia’s legal system is based on the English legal system.” To what extend is this statement correct? Discuss. It is widely known that Australia continent has been settled by Great Britain from the late 18th century. However, the English legislation system is the foundation of Australia law that is still needed […]

Balancing the Rights of Patients and Medical Professionals

Running Head: Balancing the Rights of Patients and Medical Professionals In the medical field, law and ethics play a vital role in the relationship between patients and medical professionals. Violation of these laws results in liability of the offender. Ethics considers the best interest of an individual and society. It establishes and maintains a nature […]

Law Essays