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Copyright Protection for Industrial Designs

Copyright protection for Industrial designs in India Introduction- In the present era of globalization, it is progressively obvious that the intensity of any undertaking relies on upon its capacity to advance its item and administration with a target to separate itself from its rivals or competitors in the business. It is normal for makers to catch item advertise or make a specialty for their item by separating, a generally comparable item on the premise of ‘eye appeal’. Regardless of the […]

Constitutional Law in the United Kingdom

Constitutional law in the UK is a varied and interesting topic, largely because of the peculiarities of the UK constitutional system. This essay will consider the issues surrounding constitutions, their definition, purpose and specifically whether the UK can be considered to have a constitution. There are several versions of the definition of ‘constitution’ in a legal context. Bradley and Ewing consider that there are two meanings to the term – one a wider construction and the other a narrower viewpoint. […]

Construction Contracting in Arizona

Construction Contracting on Tribal Lands in Arizona: Both the State Tax and a Tribal Tax May ApplyPage 1 of 7 SALES TAXATION OF CONSTRUCTION CONTRACTING ON TRIBAL LANDS IN ARIZONA: BOTH THE STATE TAX AND A TRIBAL TAX MAY APPLY Randal T. Evans* Arizona is home to 22 federally-recognized Indian tribes. Tribal lands comprise over a quarter of Arizona’s land base. As a result, a significant amount of construction activity in Arizona takes place on tribal lands, including recent and […]

Contract Law Advice

Legal Issue: Is Jehni able to legally force Jek to sell the charger at $25. Relevant Rules of Law: 1. Contract is an agreement giving rise to obligations which are enforced or recognised at law. What the parties agree on must be clear and unambiguous. In order for a contract to be legally binding, four key elements must be present which are namely, offer, acceptance, consideration and intention to create legal relations. 2. Offer is an expression made by one […]

Contract Law in Malaysia

Question (a): Introduction Contract is an agreement that leads to legally binding and legally enforceable between both parties, as stated by (Latimer, pg275). It is crucial to understand the meaning of “contracts”, without an agreement which legally binds and enforced, there would be no business. In Malaysia, there is contract law in a statute, the Contracts Act, 1950. There are several elements of forming contract, which are offer, acceptance, the intentions to create legal relations, consideration, capacity and certainty. Capacity […]

Controversies on Article

Since the establishment of the European Union (hereinafter ‘EU’) with the Maastricht Treaty in 1993, the accession to it, had been perceived as the cornerstone for a state into a new national economic and political development. The crucial premise of the EU is the incorporation of the EU legal order in its entirety into the state national legal system over which the EU has precedence, in other words, limiting its sovereignty in favour of firming up the integration in the […]

Cognizable and Non Cognizable Offences

Cognizable offences have been defined under Section 2 (c) of the Criminal Procedure Code as follows; ” ‘cognizable offence’ means an offence for which, and ‘cognizable case’ means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant”. A non-cognizable offence has been defined under Section 2 (l) of the Criminal Procedure Code as follows, “‘non-cognizable offence’ means an offence for which, […]

One Person Company

Title of the Article-“Company Law, 2013: Demystifying NCLT and One Person Company” Abstract The Companies Act 2013 has been a mixed bag of affairs. It has come up with new rules regarding various institutions that were not there till now like the NCLT and the NCLAT and the provisions of one person company. These new introductions are revolutionary steps and a relief for the investors and the companies. The new law has changed six decades old legislation that needed new […]

Decision Making and Director’s Duties

Chapter 2 2.0 Decision making organs A company has 2 primary organs, the members in general meeting and the directorate. A company is not considered to be sovereign but has a limited competence only. Within these limits, the Supreme rule is making authority rests with a general meeting of the members1 and the constitution may entrench certain rights still further by embodying them in the memorandum and providing that they shall be unalterable 2. 2.1The board of director Although once […]

Study on Pet Business

Relevant law: Section 198 (C) and 201 J of the Corporations Act 2001 (Cth) provides that out of several directors in a company, the company is empowered to appoint any director as the managing director of the company along with conferring any such powers to him, which a director can exercise. Moreover, the courts have stated that even if an exhaustive list of powers is not provided, it is implied that an actual authority is granted to the MD for […]

Comparison between English Law Framework and Malaysian Law Framework

Abstract This report concentrates on tow of those frameworks, the English legitimate framework and the Malasysian lawful framework However, distinguishing that this frameworks of equity can’t be completely seen in separation, we start with a short remark on the UK’ and MY are sacred plans to show how this frameworks will be essential result of the idea that is ordinarily alluded to as ‘the principle of law’. Introduction In the event that posing the question, “why if I comply with […]

Concepts of Appropriation under the Theft Act

The Theft Act 1968 [1] was legislated as a result of complicated, confusing and highly technical prior statutes and case law. Antiquated terminology like larceny, embezzlement and false pretences were to be replaced by a simple and short Act that was aiming towards codification of the criminal law. The Criminal Law Revision Committee advised on the recommendation, which as a result fully transpired. The report affirmed “larceny, embezzlement and fraudulent conversion should be replaced by a single new offence of theft. The […]

The Indian Constitution in Achieving Justice

CONCLUSIONS AND SUGGESTIONS The Preamble to the Indian Constitution invokese`justice — Social, economic and political)) as a core principle. Victimes of crime being components of criminal justice are, therefore, also entitled to share the promises of social justice contained in the Constitution. Novel concept of victomology is a step in the direction of fulfilling the avowed promises made by the framers of the Constitution. The corpus juries of India is bereft of statutory awareness of victomology in any significant measure. […]

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 refer to agreements creating obligations that are enforceable by law. The basic elements that constitute a contract are consideration, mutual assent, legality, and capacity (Barker, […]

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 practiced subject to the conditions and constraint set down in it. The Constitution accommodates the parliamentary type of government which lacks strict partition between the […]

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 with Peter. For the local authority to get a care order, there are certain provisions which must be met. Part IV of the Children Act […]

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 Maritime SA is a technical company and London agent of Stewart Marine. After the evaluation, Mr Price said that the vessel is appropriate to buy. […]

McCullen V Coakley

Running Head: Case Opinion Analysis: Mccullen V. Coakley McCULLEN V. Coakley Case Opinion Analysis For the purpose of this paper I choose to place an opinion applet to the case of Supreme Court of the United States no. 12–1168. Eleanor McCULLEN, et al., petitioners v. Martha Coakley, attorney general of Massachusetts, et al .on writ of certiorari to the United States court of appeals for the first circuit argued on January 15, 2014 and decided June 26, 2014. Following an […]

R V Barry White

It is clear to see in the case of Barry White v The Crown that there are several issues arising on the facts. These issues shall now be argued under various grounds of appeal below. Ground 1- Failure to dismiss evidence that has been obtained unlawfully In regards to the evidence within the case in which great weight was held when Barry was charged, it can be seen that both pieces of evidence (the radio and the confession) have been […]

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 be reached, it is firstly important to understand the limits and scope of this power and hence comprehend whether the Commonwealth has exceeded its legislative […]

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 of characterisation and separation of powers. Head of power/Trade and Commerce Firstly the scope of power in this case is non-purposive and the physical movement […]

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 which is non-criminal. In this essay I will be analysing the terms civil law, their institutional functions, and their disparate connotations, before reaching a conclusion […]

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 in any way conflicts with their constitution. Although one of the conditions of membership of the European Union is that member states give priority 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 an accused on trial for a serious criminal offence has a right to the provision of counsel at public expense. Further, that as a matter […]

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 to be discussed before reaching any conclusions. Following are the related factors which clarify this issue. Firstly, it is necessary to take a look back […]

Basic Human Rights

THE BASIC HUMAN RIGHTS In Malaysia, there are a set of rules that safeguards our freedom, the basic human rights of Malaysian is compiled under the Federal Constitution. This compilation of laws are supreme as mentioned under Article 4 of the Federal Constution. This means that even the Syariah Law of Malaysia can not go against the Federal Constitution. The decision of the Court of Appeal for the case of Muhamad Juzaili Bin Mohd Khamis & Ors v State Government […]

Beneficiaries of Clubs Law

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 Club is a non-charitable unincorporated association whose rules consist of the following clauses: 1) The main object of the club is to promote knowledge of […]

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 enforce guarantee agains parents, as their liability is limited in view of the above facts and normally family gives the guarantee. Therefore though consented in […]

Law of Evidence Question

Abstract In this coursework I have paid particular attention on the Youth Justice and Criminal Evidence Act 1999(YJCEA) , Criminal Justice Act 2003, Code D of PACE 1984 Code of Practice and cases such as Turnbull [1977] , R v Hanson [2005] , R v Vye [1993] and other relevant cases in order to solve this problem question based on criminal proceedings and interpret the statutes , the general rule and exceptions of hearsay evidence ,apply the case laws and […]

A Problem Question on Contract Law

>Introduction A contract refers to an agreement between two or more parties which is legally binding in the eyes of the law. Based on Contract Act 1950, section 2 (h), an agreement that is enforceable by law is a contract. Any other agreements that is not enforceable by law is said to be void, section 2 (g). Therefore, section 2 (j) a contract which is ceases to be enforceable by the law becomes void when it ceases to be enforceable. […]

Virtue Essays