Role of Research Design in Socio-Legal Research

20 Apr 2018

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Mr. Satish C. Shinde Introduction Research is an organized, systematic and logical process of inquiry, using empirical information to answer questions or test hypotheses.[i] Research in common parlance refers to a search for knowledge.[ii] Research is a systematic and chronological effort of finding out a more appropriate solution to a common social problem.[iii] Research helps to push the frontiers of knowledge beyond horizon.[iv] The ...

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Analysis of Ireland's Defamation Laws

23 Mar 2015 16 Apr 2018

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Defamation Media Constitution Introduction - What is Defamation? In a society that often prides itself on having a free and unbiased media, it is important to understand the limitations of such a freedom and the effects it has on a person's social rights. Different jurisdictions tend to embrace the concept of defamation in different ways. For example, the United States has the First Amendment in their Constitution, ...

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Doctrine of Harmonious Construction

10 Jun 2016 28 Feb 2018

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HISTORY 1st amendment came in the case of Sankari Prasad before SC. The court unanimously decided to resolve the conflict between Fundamental Rights and Directive Principles by placing the reliance of the line of doctrine of harmonious construction. The court held that the FRs impose limitation over the legislature and executive power. They are not inviolable and parliament can amend them to bring in conformity to directive ...

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European Convention on Human Rights

23 Mar 2015 02 Jan 2018

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The European Convention on Human Rights and the supreme court in matters relating to its jurisdiction, the European Court of Human Rights, are no longer a matter of external control, following their incorporation into domestic law via the Human Rights Act 1998.  The European Convention on Human Rights provides that the judgement of ECHR shall be final and that parties to it will abide by the Court’s ...

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Employment Law Cases

23 Mar 2015 02 Jan 2018

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Employment Law. Jack As a general rule the TUPE Regulations 1981 enable a contract of employment of an employee to be transferred over to the buyer of a business in the event of a sale from one employer to another means that the new employer must preserve the regulations of the old employer.  However an important limitation on the scope of these regulations is the exclusion ...

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Representation of Client in Contract Law Case

23 Mar 2015 02 Jan 2018

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THE INTRODUCTION Abstract from the question given, on the purpose to advice on Arnold, it is vital and crucial to find out whether or not a contract has been formed between the parties involved so the locus standi[1] of Arnold can be tracked. Hence, with the establishment of locus standi, Arnold may then can take action on issues he has encountered to the parties. It is simply ...

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Contract Law Case Study of Hotel

23 Mar 2015 02 Jan 2018

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Contract law involving a hotel and client A. In this scenario, the first significant point is the nature of the parties’ respective first dealings with one another. From the hotel’s point of view, their first contact with A was through their advertisement on their website. This advertised the price of accommodation at the Scarborough Palms Hotel as being £300. From A’s point of view, his first contact ...

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Rebranding: Legal, Regulatory and Ethical Issues

23 Mar 2015 02 Jan 2018

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Introduction According to Mintel, the total UK market for deodorants was estimated at £459 million in 2008. Unilever's 'Lynx' brand for men had estimated sales of £92 million during the same period giving it a market share of 20% (Bainbridge, J., 2009) Tyrelever Cosmetics has recently acquired a stock of low cost deodorant for men from South America. The proposal is to rebrand this deodorant and market ...

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Development of and Access to Article 234 (indirect actions)

23 Mar 2015 02 Jan 2018

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Critically assess the evolution and development of access to and operation of Article 234 (indirect actions) with regard both to general and validity references for preliminary rulings. It is important to clarify that referral to the ECJ via Article 234 does not constitute an appeal, but recognises the necessity to correctly interpret the distinction between the rules and principles associated with maintaining the application of Community law.  ...

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Contract Law Legal Advice Example

23 Mar 2015 02 Jan 2018

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Legal Advice 1. The shop is relying on an exemption clause.  Customer A is likely to have a remedy against the shop under schedule 3 of the Unfair Terms in Consumer Contracts Regulations (1999) which disallows a business to exclude a consumer’s legal rights.  In this instance, customer A may seek provision under the Sale of Goods Act 1979 s 14 (2) (goods must be of satisfactory ...

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Criminal Law on Omission | Summary

23 Mar 2015 02 Jan 2018

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The general position in criminal law is that a person cannot be held to be liable for failing to act, unlike someone who deliberately acts. This position is stated by May LJ in R v Miller 1 as unless a duty has been specified by statute or the common law imposes a duty to act in a certain way, then a mere omission to act with nothing ...

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Contract Law Case Study

23 Mar 2015 02 Jan 2018

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PART I LINUS WISHES TO SUE CHARLIE On what contractual grounds could he sue? Linus could sue Charlie on the grounds of the mailbox rule/postal rule, since a contract was created on June 15, 2009 when Linus wrote back to Charlie accepting the offer, not when it was received. Once the mode of communication is the mail, an acceptance becomes valid when it is dispatched or placed ...

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Good Faith and Contract Law

23 Mar 2015 02 Jan 2018

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"the governing principle ... applicable to all contracts and dealings ". This statement was made by Lord Mansfield in 1766 and was an (unsuccessful) attempt to raise good faith to the level of a general principle, the common law as it subsequently developed rejected his initiative. The traditional law of contract, as it became established in England in the second half of the nineteenth century, did not ...

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Legal Aspects of Project Management

23 Mar 2015 02 Jan 2018

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1. Introduction to the contract law Law of contract: The law of contract is the study of legal principles which underlie all contracts; it is not concerned with particular types of contracts and their specialized rules (Koffman and Macdonald 2001). What contract laws do? This can be briefly explained as follows: Agreement is formed between two parties, when some disputes between the parties arise over the agreement, ...

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Consumer Protection Act Case Study

23 Mar 2015 02 Jan 2018

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This case study concerns the liability of a manufacturer of a product for harm which is suffered by the “ultimate consumer” of that product. It is important to consider the remedies that would be available in contract and under the doctrine of tortuous liability for defective goods. There is privity of contract in the relationship between Pamela and Cooks Stores and, therefore, in contract a remedy would ...

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Margin of Appreciation

23 Mar 2015 02 Jan 2018

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The analogy of the doctrine of margin of appreciation reflects the rational behind the separation of power and constitutional framework. Margin of appreciation is a means by where member states are conferred a privilege to balance between the rights of the individual with the rights of the public at large. When there is a conflict between the security of public with the individual human rights then it ...

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History of the Rule of Law

23 Mar 2015 02 Jan 2018

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Law Society Rule The question of the purpose of the rule of law and how the boundaries should be drawn between moral judgement and the need to maintain a basic level of order within a society has been asked, over the centuries, by many eminent theorists from the legal, political and philosophical world. Several different opinions have emerged with varying degrees of agreement, with the concept that ...

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Analysis of the UK Human Rights Act

23 Mar 2015 02 Jan 2018

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The Human Rights Act contains certain provisions which have enacted to prevent busybodies, cranks and other mischief makers from bringing actions under the act. It will be argued that whilst this was the aim of the legislation, this has only in part been achieved. Section 7 of the Human Rights Act permits Convention rights issues to be raised in any legal proceedings. However, S7 also provides that ...

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Contract of a Mortgage

23 Mar 2015 02 Jan 2018

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Introduction A mortgage is a contract between two parties whereby the mortgagor uses his land as security for a loan from the mortgagee. In return for the creation of a proprietary interest in the land for the mortgagee, the mortgagor receives a loan and based on the terms of the mortgage has to pay the full sum owed. In the event that the mortgagor defaults on payment, ...

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Richard Kuklinski: The Iceman

23 Mar 2015 02 Jan 2018

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INTRODUCTION At 7:00 he his awoke by the sound of his alarm clock. It was time to get his children ready for school. Richard Kuklinski walks down the staircase and sees his lovely family around the kitchen table. He kisses his wife Barbara on the check and continues to say good morning to his three children Merrick, Christin, and Dwayne. After getting ready, he drops his children ...

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Daubert Vs Merrell Dow Pharmaceuticals Law General Essay

02 Nov 2017

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Introduction: Daubert vs. Merrell Dow Pharmaceuticals is a case where the plaintiffs suffered a defect at birth. In their accusation against the company, the plaintiffs told the court that the company manufactured drugs which were responsible for causing the limb reduction defects they had. This is because their mothers took the drugs during their periods ...

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Buyers Duty Under Cif Contracts Law Commercial Essay

02 Nov 2017

5 (5 )

According to case Smyth and Co Ltd v Baily Son and Co Ltd, [1] CIF contracts summarised by Lord Wright is a type of contracts which is more frequent and the most popular in use than other contract. In cif contracts the price of goods inclusive of cost, insurance and freight. [2] CIF contracts indicate the place of delivery. ...

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The Council Of The European Union Law European Essay

02 Nov 2017

5 (5 )

Daryl Fitzsimons MRH2 The European Union is made up of 27 member states, mainly consisting of countries in Europe. It acts as an economic and political bond. The Treaty of Paris was finalised in 1951 by the Netherlands, Belgium, Italy, France, Germany and Luxembourg. This was led by the setting up of the European Coal ...

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Failure To Disclose Offence Law Commercial Essay

02 Nov 2017

1 (1 )

Introduction: United Kingdom (UK) is known for its affluent for its history of England as well as Wales, well-known for its sculpture plus music, destinations as well as populace is in addition facing a money laundering issues. Globally, different nations are creating a squad on how to battle the money laundering issue. On the ...

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The View Of Ethical Theological Theories Law Medical Essay

02 Nov 2017

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Introduction "Am I dying?" these words gave me goose bumps when I was asked by one of my terminally ill patient who was diagnosed with an inoperable tumor. These words echo in my ears whole shift. However, I always decided to keep myself quite or sooth my patient with false hopes. I was restricted by ...

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The Court Of Appeals Decision And Effects Law Company Business Partnership Essay

02 Nov 2017

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Introduction Imageview Management Ltd v Jack is one of the cases in which Imageview appealed against a decision of the judge for unpaid agency fees from the respondent footballer (Jack). This coursework will focus on the main segments. In the first place, this coursework will show a brief summary of the facts of the case ...

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The Sea Route Between Countries Law Contract Essay

02 Nov 2017

2 (2 )

SYNOPSIS Introduction With a little more than three-fourths of the worldwide trade being done via the sea route between countries, it is undeniable that the safety and security of the ports where the ships dock are of utmost importance. With the increasing number of security threats world-over, there is heavy risk of damage to cargo, ...

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Criminal Justice Policy Making Law Constitutional Administrative Essay

02 Nov 2017

4 (4 )

[NAME OF STUDENT] [NAME OF INSTRUCTOR] [COURSE NAME AND NUMBER] [DATE SUBMITTED] Introduction Immigration is the inclusion of foreign inhabitants into a new community. Immigration permits a person to depart from native soil to another place in seek of financial or political liberty. In the US, immigration has developed into a sizzling matter these days. ...

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The History About Common Intention Law Land Property Essay

02 Nov 2017

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When the courts deal with cohabiting couples they begin by trying to find an express agreement between the parties as to the beneficial interests in their property. For an express agreement to be valid it must comply with the Law of Property Act 1925 [4] which requires it to be evidenced in writing. It is highly ...

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Nuts And Bolts Of South Africas Construction Law Law Contract Essay

02 Nov 2017

4 (4 )

Introduction Generally recognized, the construction sector is very large, diverse and complex. Its size and complexity is further complicated by the vast number and range of employees in the sector and the significant differences in the size and nature of its member organization, it is therefore only natural that the construction law field too becomes ...

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The Case Of Dhn Food Distributors Law Company Business Partnership Essay

02 Nov 2017

8 (8 )

Part A The modern company law in Australia, and in other countries such as China, Singapore, Malaysia, England, New Zealand, Canada and South Africa, which is described about the others on the heritage of the fundamental legal principle. The case Salomon v Salomon & Co Ltd [2] (1897) is one of the cases that illustrated of the ...

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The Euthanasia In The Criminal Law Law Medical Essay

02 Nov 2017

1 (1 )

The article starts by locating 'assisted suicide' within the criminal law and within the conception of euthanasia, and then discovers some of the challenges with regard to the implementation of DPP policy and guidelines. In exploring so, recent cases, such Purdy v DPP, will be accessed. On 23rd September 2009, the DPP published the 'Interim ...

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The Scope Of Range Of Social Protection Law Constitutional Administrative Essay

02 Nov 2017

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Central government however maintains that local authorities have no capacity to engage in social protection but instead should expend their efforts on service delivery. The local council may however engage in such programs only in partnership with NGOs or local business community but subject to government approval. The implementation of the partnership social protection programs ...

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Factors Of Judicial Independence Law Constitutional Administrative Essay

02 Nov 2017

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Judicial independence: judicial independence is the concept that judiciary should be or needs to keep away from the other branches of the government.i.e courts should not be have influence on the other branches of the government. Judicial independence most important regarding to the idea of the separation of powers. Different countries have different ways for ...

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The Law Of Succession Law Land Property Essay

02 Nov 2017

2 (2 )

"Most people consider the proper distribution of their property on death a vitally important matter. For those who are elderly, ill or engaged in risky occupations, it is often urgent to get such things settled fast. But some people may be in circumstances where they cannot comply with the formal requirements for a valid will. ...

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