Hunter and New England Local Health District v McKenna [2014] HCA 44 Introduction The case of Hunter and New England Local Health District v McKenna[1] concerned the primary issue of whether a common law duty of care owed to third parties by health authorities and their employees were consistent with the appellants’ statutory obligations in […]
Introduction In this report, we will Take a specific Company/organization/Corporations as a Model and discuss Business Law/Industrial Law that Support the Functioning of the Organization ,then finally analyze how the different Business/industrial laws is supporting/Benefiting the Smooth Running of such above mentioned Company/Corporation. Finally we will Investigate the Common issues that arise when Applying Business […]
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Get help with your assignmentCentral Product Classification (CPC) The Central Product Classification (CPC) comprises a comprehensive product classification covering goods and services. Therefore, one of the main characteristics of CPC as a general-purpose classification is that it provides less detail than the other specific categorization systems in areas or for applications for which such systems are obtainable. CPC is […]
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 […]
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 (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 […]
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 […]
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 […]
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 […]
“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 […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
Beef Ban A progressive or regressive move… If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny. Thomas Jefferson, 1781 The rekindled controversy about the beef ban legislation in the […]
192596 Title: Captain Ahab died in 2005. His will included, inter alia, the following two gifts to the ‘Midlands Whale Watching Club’: a) ‘My house, Moby Villa, to be used as a headquarters for the Club; and b) A£160,000, to enable members to go on trips to watch whales in Antarctica.’ The Midlands Whale Watching […]
“If a home grown Bill of Rights was adopted, fundamental rights and freedoms would be afforded better protection.” Even prior to re-entering office in 1997 and overseeing the enactment of the Human Rights Act 1998, the Labour Party was constitutionally committed to the enactment of a Bill of Rights[1]: “The incorporation of the European Convention […]
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 […]
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 […]
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 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 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 […]
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 […]
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 […]
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 […]
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 & […]
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. […]
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 […]
