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 to the way in which the Community functions are to be found, not in the Treaties themselves, but in the case law of the Court.” […]
Introduction The aim of this paper is to evaluate assessing the significance and impacts of the Equality Act 2010. This is legal system aimed to fight discrimination. This paper also focuses on evaluating the Contract Law of UK through assessment of a case study. The Contract Law is the legal system that controls all contractual activity in England and Wales (Singer, 2012). Part: I The protected characteristics of the Equality Act 2010 The protected characteristics of the Equality Act 2010 […]
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Get help with your assignmentINTRODUCTION In the contemporary age of technology, rights of the shareholders can be better protected. E-voting is one such example. E-voting process or postal ballot system has been introduced in order to secure wider participation of shareholders in the decision-making of the company. E-voting makes it more convenient for people finding it difficult to attend the meetings physically. This was suggested by the Second Naresh Chandra Committee Report and the J.J. Irani committee in as back as in the year […]
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 stipulated in section 340[1] of the National Land Code (NLC) 1965, once the title is registered, it is indefeasible. For example, when Hanif bought a […]
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 the State Constitution. – Legislation enacted by Parliament and the State Legislative Assemblies; such as Acts of Parliament, Ordinances and Enactments. – Subsidiary Legislations; made […]
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 section 1(2) of the MCA 1973 has been established on proof (Richards v Richards)[2]. Meanwhile, it is notably that the court in England and Wales […]
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 sent to Chelsea Ltd after the telephone booking. As the contract was oral and took place over the telephone, this means that the clause was […]
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 definition of admissible evidence: ” evidence which the trial judge finds is useful in helping the trier of fact (a jury if there is a […]
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 entirety and directly applicable in all Member States’. Thus, a regulation does not have to be implemented by Member States through national legislation for it […]
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 owes certain duties and responsibilities towards the company. Directors stand in a relationship of trust and confidence with the company that is fiduciary relationship. [1]A […]
DISPUTE SETTLEMENT IN BILATERAL INVESTMENT TREATIES PUBLIC INTERNATIONAL LAW Dispute Settlement In Bilateral Investment Treaties Introduction Foreign Investment plays an important role in economic development. Mostly developing countries want to encourage foreign investment. When foreign investor invests in a host country, he faces many risks some of which include: Unlawful expropriation of investment, currency transfer restrictions in host country, host nation treating national investor more favourably than the international investor. Such problems could affect the international investment relations. To […]
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 courts generally take into account several policy factors to grant them immunity from liability. It is to be expected that a large majority of society […]
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 not prevent MNCs from abiding by better standards, such as those of their home countries, nor does it absolve them from legal liability outside of […]
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 institutions accountable to private individuals? Article 230 EC Article 230 EC provides that qualified persons may challenge the validity of Community acts before the European […]
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. This test is based on the principle established in the case of Caparo Industries plc V Dickman. In the case, Lord Bridge acknowledged that the […]
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 as those specifically enumerated,[2] unless, there is a clear manifestation of a contrary purpose. To put in a slightly different language, where general and special […]
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 analysis are the traditional approaches used in contract law to determine whether an agreement exist between two parties. The others are consideration and intention to […]
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 Waiver 6 2.6 Violation 8 2.7 Consequences 8 References LIST OF FIGURES 1.1 1 1.2 3 2.1 Table 2.1 PREFACE The constitution of any country […]
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) is an independent administrative authority, which enjoys, by the provisions of the law establishing it, financial and administrative independence. RAE was established on the basis […]
Introduction In this case between Tara Quinn and her employer Park publications Ltd, Tara is considering resigning and claiming constructive dismissal on the grounds that she believes she is being unfairly treated because she refuses to make changes to her employment contract after they took over the company twelve months before. She recently received a final written warning after missing a deadline and believes the company is trying to work her out of the business unless she concedes It is […]
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 by relevant authorities and they do not really contest their punishment in courts, knowing that they have done an unlawful act. In the following cases, […]
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 the value of legal representation and the how its absence can compromise an individual’s right to a fair trial. The next theme which struck me […]
A. Whether the covenants in the head lease are binding on Jabba. To begin with, it is imperative to note that, once a lease has been assigned to the new tenant, they are liable for their breaches of covenant. However the solution to this query depends on whether the assignment of the lease complies with the criteria stipulated in Spencer’s Case (1583) (5) Co Rep 16a[1]. These requirements are as follows: There must be privity of estate between the parties, […]
The criminal law on omissions is confusing and does not fit easily with the requirement that both actus reus and mens rea must be present to establish a criminal offence. This area of law is in need of reform. Discuss with reference to the relevant law. A fundamental principle of the criminal law is that the prosecution must prove, for all crimes, beyond all reasonable doubt, that the defendant committed both the actus reus and the mens rea (except crimes […]
Judicial staying of criminal proceedings is an exceptional course for the trial judge to take and usually the trial process itself including appropriate judicial directions to the jury, is adequate to ensure that a criminal trial remains fair at common law and Article 6 of the European Convention on Human Rights, as given effect to in the Human Rights Act 1998. Critically evaluate this comment in the light of appropriate case law. The fundamental issue being raised is the fairness […]
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 countries devolve the entire estate on the direct heirs whilst other countries allow the succession to be determined by the authorities. In some countries there […]
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 without victim’s knowledge for various purposes, usually to commit frauds. With the rise of cybercrimes and data frauds, protection of personal information and data becomes […]
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 and tends to lower him in the estimation of right-thinking members of society generally or tends to make then shun or avoid him. The tort […]
Current Saudi Arabian Courts System: At present, Saudi Arabia has a double judicial framework included the Shari’ah Courts System and a free managerial judiciary known as the Board of Grievances. Notwithstanding the past legal bodies, there are a few Administrative Committees have jurisdiction to hear certain predetermined cases. Additionally, the Law of the Judiciary allows the foundation of particular courts by, Regal Order on the suggestion of the Supreme Judicial Council. As per the Law of Judiciary and Basic Law […]
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. Data is defined under Section 2(o) of the information Technology Act, 2000 as: “data means a representation of information, knowledge, facts, concepts or instructions which […]
