Report to President on Gun Control Legislation

23 Aug 2017 19 Sep 2017

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According to the second amendment of the U.S. Constitution, it has been guaranteed to the people, a right to keep and bear arms and such rights shall not be infringed. The result is that generally there is a heated debate regarding the gun-control legislation. While there are many who want to increase the regulation of firearms, many people oppose such regulation. For example, the article appearing ...

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A Study on the Legal Trade Cases between Canada and Africa

28 Jul 2017 19 Sep 2017

6 (2,113 )

Khushal Mewada Vishnu Sabu Priyank Patel Jayesh Patel INTRODUCTION The term legal is used to define the thing related with law. Develop and maintain security policies, procedures and practices which comply with relevant elements of criminal, civil, administrative and regulatory law to minimize adverse legal consequences. Law can be three type that is Public International Law, Private International Law, Foreign Law. Public international ...

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The CISG and the CESL

28 Jul 2017 19 Sep 2017

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In the 21st century, international contracts and cross-border sales are regularly used by people all around the world. Most goods we buy in our daily life are connected to at least one international contract in one way or another. A great part of the international economy and most businesses in Europe rely on international trades and cross-border transactions. But almost all international contracts share the ...

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Torts and Negligence Case Study

28 Jul 2017 19 Sep 2017

6 (2,213 )

Sajesh Maharjan Introduction Anna, a café owner, went to the tour "Honey Bee Nature Appreciation Tours" operated by Trevor and had injured her knees after stumbling down the hill side. She got treatment in the hospital and fully recovered in a month. Now Anna decides to enforce tort law against Trevor who is not only the operator but also the sole owner of the tour ...

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Sale of Goods Act 1979 Summary

28 Jul 2017 19 Sep 2017

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INTRODUCTION The Sale of Goods Act 1979, is the law that protects consumers. The purpose of this Act is that it requires goods to be as described, of acceptable standards and fit for purpose, for their essential use. All goods that a sold, must match that of the sample shown in that of brochures, stores or showrooms. It is only not required to be acceptable ...

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Should Alternative Dispute Resolution be Made Compulsory?

26 Jul 2017 19 Sep 2017

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Introduction. It is a sad fact of life that disputes can and do arise from even the most trivial incidents and activities. They are always totally unexpected and usually highly predictable.[1] For a long time, people have been worried about civil litigation. It is costly, time consuming, worrying and takes a long time to decide.[2] Alternative Dispute Resolution (ADR) is a term which refers to various ...

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Criminal Law Evidence Example

19 Sep 2017

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Please read carefully the scenario below and then complete the work for this assessment. A burglary has occurred around 21:00 hours yesterday at an office complex on an industrial estate. It has open entry round to the rear of the building. A metal top opening window was forced open and the intruder(s) gained entry, once inside, the building alarm system was activated. The offender made a ...

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Family Trusts Law Problem Question

19 Sep 2017

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This question concerns the law of trusts in the family home. Specifically, Mary requires advice on two questions: whether Philip is entitled to a share in the property, 8 Emerald Way, and whether she is able to sell the house now that she and Phillip have split up. TRUST OF THE HOME The starting point in any case is the identity of the legal owner. Here, ...

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Impact of the European Directive 98/71/EC

19 Sep 2017

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In recent years, the European Community has taken steps towards harmonising and unifying national laws in relation to the protection of designs. This has lead to much change and debate at national levels over the possible benefits and consequences of this unification of national laws. The United Kingdom, in particular, is quite aggrieved about the issue, as the implementation of the new Directive means significant changes ...

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Legal and Practical Impact of Insolvency

19 Sep 2017

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Introduction The dissertation is going to consider the topical area of insolvency and the impact that it has on contracts that are in place with the insolvent company. A company may enter insolvency proceedings either voluntarily or be forced into the position by creditors and/or members. Similar processes exist for partnerships[1]. However, when a company enters into a position of insolvency, this creates a potentially difficult ...

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British Concepts of the 'Rule of Law'

19 Sep 2017

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Brief 211716 The Rule of Law: Write an essay critiquing the concept of the "rule of law". To what extent does today's British state reflect the ideals at its core? Outlined below is a short critique of the concept of the rule of law, as well as an evaluation of the different opinions or perspectives of this concept. The rule of law as a distinct and ...

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Tenancy Agreement Problem Question

19 Sep 2017

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Abstract The primary scope of this paper is to consider whether parties who enter into an agreement that purports to be a licence can be said to have entered into a lease agreement. If a party can enter into a so called licence agreement and it later appears to be a lease, the tenant will be protected as an assured tenant under the Housing Act and ...

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Legislation and Regulation for Money Laundering

19 Sep 2017

10 (3,989 )

Finance and Investment Law – Money Laundering Current Legislative and Regulatory Arrangements Money laundering is a menace. Tainted funds from drugs traffic and terrorism are the prime causes of the recent round of energetic legislation designed to make life more difficult for the launderers. The European Directive on Money Laundering has been followed in the UK by primary and delegated legislation. The aim is to deter ...

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Fulfilment of Obligations for a Contract

19 Sep 2017

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Jack’s purchase of “the machine” from Jim of Agricultural Supplies Ltd is one for a specific purpose. The contract with ASDA will no doubt reap substantial reward. The machine is a fundamental part of that agreement, as Jack cannot fulfill his obligations without it. The importance of the machine being able to produce vegetables that comply with the terms of the contract with ASDA was brought ...

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Right to Free Movement in the European Market

19 Sep 2017

7 (2,531 )

The philosophy The right to move freely represents one of the fundemental freedoms of the European internal market. This general rule on free movement rights under EC law continues to be developed,[1] either due to member state progression or economic and social demands. Although one of the most panoramic in it’s ideals, the free movement of workers has seen several central legal issues arise on various ...

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Are Treaties a Better Source of International Law?

19 Sep 2017

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International treaty obligations are founded upon the maxim pacta sunt servanda (“pacts must be respected”). This is expressly recognised in the Preamble to the Vienna Convention[1] which “notes” that the principles of free consent and good faith and the pacta sunt servanda rule are “universally recognised“. However, it might be argued that such a Convention is more a recognition of the status quo than an innovative ...

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Features of Advocacy in Court

19 Sep 2017

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Advocacy What is Advocacy? Advocacy is when a solicitor attends court to represent their client. In simple form, advocacy is the art of communication. A solicitor will attend court and do the very best for their client to ensure they achieve the best possible result. It involves public speaking, which can be quite intimidating when you first attend court. However, with practice and experience the task ...

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Land Law Cases Analysis

19 Sep 2017

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Kingsnorth Finance v Tizard [1986] 1 WLR 783 Mr and Mrs Tizard owned a matrimonial home on unregistered land. Mrs Tizard had contributed to it although it was in Mr Tizard’s name. Due to the breakdown of the matrimony Mrs Tizard spent time away from the home but returning daily to care for their children and to prepare herself for work and so often spending nights ...

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Discrimination for Terrorism Offence Suspects

19 Sep 2017

26 (10,042 )

Title: “The case for discriminatory treatment of persons suspected of terrorism offences- a research study to test the adequacy of the current procedural safeguards that are in place in the UK to protect terror suspects from abuses of due process and breaches of human rights legislation. Abstract: This paper provides a literature review of the latest research which has been conducted in the UK on the ...

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Property Law Problem Question Case Study

19 Sep 2017

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In order to answer this question one must assess and consider the law relating to real property, with the emphasis being on how correct the two quotations are and whether any other definition of property is a more accurate one. According to Blackburn J in the case of Milirrpum v. Nabalco Pty Ltd[1], property can be defined as ‘the right to use or enjoy, the right ...

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Family Law Problem Question

19 Sep 2017

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In order to answer this question one must assess and consider the law relating to family matters and the access to justice for a foreign national. This will require an in-depth analysis of the rules relating to the family unit. According to the scenario, Jane is concerned about the threat of violence from her husband, Tarzan, to her and her two children. Further she wishes to ...

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Problem Question on Negligence and Duty of Care

19 Sep 2017

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This question is on negligence and it involves the following: duty of care; delictual liability in contractual relationship; duty owed by sellers and designers of a house to purchaser and defective design where there is no danger to health and safety. Prima facie duty of care in the law of tort arises if there is sufficient proximity between the alleged wrong doer and the wronged party, ...

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Effects of the Children Act 1989

19 Sep 2017

6 (2,078 )

The Children Act 1989 has put in place a set of principles which are designed to ensure that children’s needs in situations such as this are cared for appropriately. This means that children should be assessed speedily and have access to appropriate resources within the social services (Beckett, C. and Maynard, A. (2005) Ch. 1) (Greene, R. (1999) 1-5). This legislation means that the there are ...

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Movement of Goods and Freedom of Establishment Policies

19 Sep 2017

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INTRODUCTION In an examination of the various freedoms that are protected by the European Convention (EC), there are two that have provoked at different times praise and criticism, champions and conquerors. This paper will analyse that the roadmap that has been followed by the European Court of Justice[1] while interpreting EC Article 28[2] and EC A43[3]. Before splitting the discussion between free movement of goods and ...

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Merits of Arbitrations

19 Sep 2017

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Critically assess the respective merits of arbitrations under the ICC, LCIA and ICSID rules: Introduction: In order to fully comprehend how arbitration that transcend states this discussion will explain how states are bound by contractual obligations in the public and private international arena. It will consider the role of the ICC and the protection of human rights violations within states, asking whether it is better to ...

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Effects of Derivatives in National Legislation

19 Sep 2017

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In the case before us the United Kingdom has failed to transpose the directive into national law, resulting in a detrimental effect for both Rachel and Jose. The fact that the UK government voted against the Directive when it was adopted in the council of ministers by QMV[1] and believes that existing legislation adequately covers teacher’s rights is of no consequence if the state of the ...

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History of Contract Law

19 Sep 2017

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Contract Law In Brief – History of Contract Law The development of contract law into its modern conception is fundamentally based on the Latin principle of ‘pacta sunt servanda’ (‘all pacts must be kept’) dating back to when trade first began in earnest. Therefore, with this in mind, as the law has developed, breach of contract has come to be recognised by the common law legal ...

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Impact of Consumer Credit Laws

19 Sep 2017

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In today’s consumer based society, the need for credit is undoubted. More and more individuals and organisations are reliant upon credit to undertake their day to day activities, thus the role of credit in society has magnified in unmeasurable amounts. There are also more personal credit products available on the market than when the original Consumer Credit Act 1974 was drawn up, thus there is more ...

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Contract of Hire Purchase Answer

19 Sep 2017

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FOUNDLING FINANCE LIMITED Claimant and MISS DIANE DALY and MR DEREK DOBSON Defendant OPINION I am asked to advise Miss Diane Daly and Derek Dobson (“the defendants”) with regard to their contract of hire-purchase with Foundling Finance Limited for the purchase of a ‘Nuffield’ knitting machine from Saffron Supplies Limited. This contract is the basis of an action in the Dover County Court against Miss ...

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What is Law?

03 Oct 2016 19 Sep 2017

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Law, in its widest sense, means and involves a uniformity of behavior, a constancy of happenings or a cause of events, rules of action, whether in the phenomena of nature or in the ways rational human beings. In its general sense law means an order of the universe, of events, of things or actions. In simple words, Law may be referred to as a body of ...

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Contract Law Advice Style Answer

03 Oct 2016 19 Sep 2017

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Arron and Tracy have entered into three different types of contracts. Firstly, there is a contract for sale of goods between Tracy and HAL[1] for the purchase of the coffee machine. Secondly, there is a contract for service among Arron and Matthew for the decoration of the hallway. Then, there is a contract for sale of description between the Arron and the dog-seller for the purchase ...

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The Elements of a Contract

03 Oct 2016 19 Sep 2017

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1.0 Introduction I am the Human Resource Manager for a recording company. My director who name Mr. Abu requested me to rent an apartment accommodation for three employees who came from oversea to stay in my state. So I am as the Human Resources Manager, I am expected to deal with the landlord. I need to find out the main element for binding a valid house ...

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Fiduciary Duties

03 Oct 2016 19 Sep 2017

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1.0 Introduction Fiduciary duty refers to a legal duty for an individual to act on behalf of another particular in order to make a relationship of confidence and trust (Davies, 2007). It consists of the set of moral value such as trust, honesty and confidence; fiduciary duty can be obviously seen in the relationship between the shareholders and the board of directors as the BOD are ...

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Case Note MORRISON v JENKINS (1949) 80 CLR 626

03 Oct 2016 19 Sep 2017

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- - - - - - - - - - - - - - - - - - - - - - - - Case Note - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ...

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Company Law and the Corporate Veil

03 Oct 2016 19 Sep 2017

6 (2,395 )

Introduction As the day company is formed, it can be said that the company is “incorporated”. As the company uniqueness is that it provides for effective separation of resources and managements of its resources and it is further compounded on the fact that the owner of the capital can limit his or her liability to the third parties. Therefore the company is recognized as a separate ...

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Decision of Ex Parte Datafin plc Analysis

03 Oct 2016 19 Sep 2017

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A critical analysis of the manner in which the decision in R v Panel on Takeovers and Mergers; Ex parte Datafin plc [1987] 1 QB 815 is being dealt with under Australian law. Introduction The case of Datafin is an accepted element of public law in England; however Australian law is unclear to its applicability as courts reference the principle cautiously in the absence of a ...

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Problem Answer to Law of Evidence Question

03 Oct 2016 19 Sep 2017

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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 ...

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Impact of the Land Registration Act 2002

03 Oct 2016 19 Sep 2017

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A registration scheme far more comprehensive than land charges is found today in the Land Registration Act 2002. The principle significance of this is that the register tells the purchaser who owns the legal estate. The system moreover is not limited to legal estates. Subject to some exceptions (overriding interest), all legal and equitable interest must be entered on the register if they are to bind ...

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Anti-money Laundering Systems in the UK

03 Oct 2016 19 Sep 2017

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Introduction Money laundering is the term used to describe the process that disguises the (usually criminal) source of money.[1] The process of money laundering involves three recognisable stages. The first is the ‘placement’ stage when the proceeds of the crime, often in cash, are ‘placed’ into the financial system, for example, by being depositing in a bank. The second is the ‘layering’ stage whereby the proceeds ...

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Family Law Answers to Problem Questions

03 Oct 2016 19 Sep 2017

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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 ...

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Evidence Law - Burden of Proof

03 Oct 2016 19 Sep 2017

6 (2,306 )

The legal or persuasive burden of proof is defined as the ‘burden of persuading the tribunal of fact, to the standard of proof required and on the whole of the evidence, of the truth or sufficient probability of every essential fact in issue’. In our scenario, the claimant will bear the legal burden of proving each element of his claim and this entitles him to call ...

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Deportation Law Problem Question Case Study

03 Oct 2016 19 Sep 2017

4 (1,528 )

Yes, if Mr. Adams accepts the offer and is faced with deportation, his likelihood of success on an ineffectiveness claim would depend on how easily the average criminal defense attorney could have determined that the crime to which he pled was a deportable offense. This scenario does not state what Mr. Adams is pleading guilty to. Under the immigration statute U.SC 1227(a)(2)(B)(i), states that any ...

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Regimes of Recognition and Enforcement of Judgments

18 Sep 2017

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A comparison of the similarities and differences of the respective regimes of recognition and enforcement of judgments under Council Regulation 44/2001 with those provided by the English Common Law. As a Member State of the European Union, the United Kingdom is subject to two regimes of recognition and enforcement of judgments. One is the domestic system that has developed under the English common law, while the ...

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Natural Law and Legal Positivism

18 Sep 2017

5 (1,993 )

In order to answer this question one must assess and consider the concepts of natural law and legal positivism. It is also important to define validity and consequently power. Equally the law needs to be seen as being valid as it adds purpose and legitimacy to the law and the legal system itself, this in turn helps to determine the notion of obedience. According to the ...

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Breach of Contract and Negligence

18 Sep 2017

12 (4,578 )

1) Mega will be looking to bring an action in breach of contract and negligence against Super for both their failure to install the cash machines until December 2006 and the negligent installation my Tom and Manoj which caused the registers to be out of action over the Christmas period. The problem they will have with this is that Super trade under a standard contract which contains ...

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The ‘War on Terrorism’ v Civil Liberties

18 Sep 2017

26 (10,155 )

Abstract The security of the State is of paramount importance to the integrity and wellbeing of a nation and to citizens whose rights and freedoms are protected by the security of the State. However, the rights of citizens may be affected by such powers and there exists the possibility for governments to disappear behind the doctrine of national security with the intention of preventing scrutiny of ...

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Establishing a Case for Murder

18 Sep 2017

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There is little doubt that Gharmi will be charged with Peter’s murder, unless any autopsy carried out shows that his death was completely unrelated to his ingestion of the rat poison. On the given facts this seems extremely unlikely. In order to establish a case for murder it is the responsibility of the prosecution to prove that Gharmi was in the correct state of mind (mens ...

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Categorising a Quistclose Trust

18 Sep 2017

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Mark must find out whether the transaction between himself and Dave is to be regarded as a pure loan or a Quistclose trust. [1] If it is the former, the beneficial interest in the funds passes to Inchester Football Club and Dave has his remedy against the Club in debt, as would the Club’s other ordinary creditors. If, however the transaction is to be regarded as ...

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UK Honours System Analysis

18 Sep 2017

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Title: Discuss the purpose of the honours system and the method by which recipients of honours are selected. What improvements, if any, do you think are necessary or desirable in the law and workings of the honour system? Introduction This is a highly topical subject, indeed it is one that is the focus of political machination and intense media scrutiny and speculation at the point of ...

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Analysis of Dennis' Law of Evidence

18 Sep 2017

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The argument by Professor Ian Dennis that a decision may be factually correct and yet lack the moral justification usually served by a verdict is based on the existence of convictions reached despite apparent procedural irregularities in obtaining the evidence. Three major areas where this occurs are in the areas of confessions, illegally or improperly obtained evidence and silence of the accused as evidence. This represents ...

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Interests of Third Parties in Properties

18 Sep 2017

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The main issue arising from this problem is the question of establishing various interests of third parties in the two properties, and the differing procedures for doing so, given that Rust Plot is a registered fee simple title, while Umber Plot is an unregistered fee simple title. This brief will attempt to answer the questions regarding the proposed ‘agricultural use only’ deed, whether Steve has any ...

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‘Reasonably Foreseeable’ Victim Evidence

18 Sep 2017

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1. Davina Davina must prove that her depression is medically-recognised (McLoughlin v. O’Brian (1983)) caused by the accident and that she was a ‘reasonably foreseeable’ victim. She must also show that her injury would be foreseeable in a person of reasonable fortitude (Page v. Smith (1996)). Davina is a secondary victim (Alcock v. Chief Constable of South Yorkshire Police (1992)) so must establish a close relationship between ...

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Concepts of Retribution and Revenge

18 Sep 2017

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Question Retribution and revenge are, and must be, strictly distinguished one from the other. Discuss Introduction It is not necessarily ideal to begin a discussion paper with a direct challenge to the veracity of the statement under review, but that is exactly what is demanded here. The first step in this analysis is easy to take: Retribution: noun recompense, usually for evil; vengeance.[1] Revenge: noun 1. ...

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Evidence of Bad Character Case Study

18 Sep 2017

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1.That Z had sex with T D & H The evidence that Z had sex with T D & H can be admitted with the agreement of all the parties[1]. However it is unlikely that Z would agree that this evidence could be admitted therefore that X would have to rely on one of the other provisions of section 100 (1) of the Criminal Justice Act ...

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Law of Partnership - Fiduciary Duty Analysis

18 Sep 2017

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Analyse within the Law of Partnership - Fiduciary Duty Definition Partnership is a longstanding legal concept which has become regulated by statute. Recently, the introduction of Limited Liability Partnerships has added a new species of partnership to the legal lexicon and demands a dramatic reworking of the way in which partnerships are viewed. The classic definition of partnership is provided by s.1 of the Partnership Act ...

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Ownership of Land Memo Example

18 Sep 2017

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MEMO From: Jessica Smith To: Mary Rhodes Re: The Daniels Family Planning Permission The case of Price & Ors v Leeds City Council [2005] EWCA Civ 289 is distinguishable from the situation of our clients on the basis that in that case it was not disputed that the local authority had title to the occupied land whereas here the Daniels are the owners of the land having purchased it ...

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Dispute Resolution at the Workplace

18 Sep 2017

3 (1,066 )

“Dispute Resolution at the Workplace: The Practical, procedural and legal aspects”. Analyse this question in the context of the UK Employment law. The Employment Act 2002 (Dispute Resolution) Regulations came into force on 1st October 2004. The Act requires that all employees must have in place minimum statutory procedures, which would in effect deal with dismissal, disciplinary action and grievances in the workplace. This is in ...

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Analysis of UK Commercial Law

18 Sep 2017

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Commercial Law Definition Commercial law in England and Wales is not susceptible to succinct categorisation as a unified body of law such as, for example, criminal law or the law of torts. Goode[1] has commented: “The absence of anything resembling a commercial code makes [the question, “Does Commercial Law exist?] harder to answer than might be imagined. If, by commercial law, we mean a relatively self ...

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Celebrity's Rights to Privacy

18 Sep 2017

9 (3,223 )

Do celebrities have rights to privacy? Should their private lives be open to press scrutiny? Please analyse Hello v Douglas, Campbell v MGN Ltd, A v B and Campbell v Frisbee. Please also mention cases that were referred to in the judgements of these cases, and the importance of data protection in answering this question. There is no express common law ‘tort of privacy’ in English ...

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Intention of Life Interest

18 Sep 2017

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1. (a) The life interest of Parwinder which on the surface appears to be a vested, immediate and limited interest is coupled with a remainder interest for their daughters. In this instance, there is a problem with certainty of intention. Although technical words are not necessary,[1] problems arise when precatory words such as ‘in full confidence’ and ‘will respect’ are used in this provision. The wording ...

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Shares and Business Law: Allotment and Registration

18 Sep 2017

9 (3,295 )

Question 1 There are many things that Jim will have to consider but there are three main steps that he will have to follow. Most of the authority for issue of shares come from the articles of association (table A) with rest being contained in the Companies Act 1985. First he and the company would have to decide to issue the shares and set the terms ...

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Is EC Law Compatible with Parliamentary Sovereignty?

18 Sep 2017

6 (2,020 )

Is the primacy of EC law over inconsistent UK statutes compatible with the doctrine of Parliamentary Sovereignty? The notion of Parliament as the supreme law-making body in the UK is a long-standing shibboleth of the British constitution[1]. Acts of Parliament have traditionally been deemed to be the highest form of law in the UK, and the courts were denied the authority to challenge them[2]. In 1972, ...

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Analysis of UK Adoption Law

18 Sep 2017

4 (1,406 )

“Critically analyse the law relating to adoption.” Adoption in this jurisdiction is “entirely the creature of statute”[1]. It was introduced by the Adoption of Children Act 1926 and is currently regulated by the Adoption and Children Act 2002 (replacing the outdated Adoption Act 1976) which after a lengthy period of gestation and passage through Parliament received Royal Assent on 7th November 2002. While the basic principle ...

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Corporation Law Case Study

16 Aug 2017 07 Sep 2017

3 (1,153 )

1. What common law duty and statutory duty if any has Julian breached? In the case involved, Julian had definitely breached his common, as well as statutory duties as a Director of Property Developments Ltd when he intentionally disclosed a confidential information, the bidding prices of various interested architectural firms, to his brother Raphael. More so, his failure to disclose to the Board that Raphael ...

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Cases Against Mercer Canyons Inc

15 Aug 2017 07 Sep 2017

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ABOUT THE COMPANY Mercer Canyons Inc. is a private company and operates as an agricultural firm. Located in Washington, the Firm provides carrot growing services to customers and has vineyards. Mercer Canyons also offers potatoes, grass seed, corn, garlic and organic products. CASES AGAINST COMPANY Mercer Canyons, Inc.'s has been filed with breach of contract regarding recruitment and hiring of laborers in March 2014. There ...

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Principles of the WTO

08 Aug 2017 07 Sep 2017

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The General exceptions provide a list of measures that countries can enforce. These measures are a necessity [1]to protect basic and fundamental socio-economic and political interests to protect the character and integrity of a nation. The term necessary was discussed by a previous panel albeit in context to article XX (d) and held that a contracting party could not justify a measure inconsistent with GATT ...

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Criminal Liability and GBH Problem Question

08 Aug 2017 07 Sep 2017

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From a brief review of the facts it seems that Aisling may be charged for criminal liability under non-fatal offences against the following; Charles, Bernadette & Dan. However, Aisling must realize that the prosecution would have to prove each and every element of the "beyond reasonable doubt", Woolmington v DPP[1]; which is a very high standard to achieve. S.39 of the Criminal Justice Act (CJA) ...

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Validity of Electronic Contracts in the UK

08 Aug 2017 07 Sep 2017

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REGULATIONS AND CASE ANALYSIS ON THE VALIDITY OF ELECTRONIC CONTRACTS IN UNITED KINGDOM[1] The validity of Electronic Contracts in United Kingdom Legal background of UK legislations on Electronic contracts In the late 1990s, the lack of a legal foundation for e-commerce has caused many European countries to separately enact electronic signature law.[2]Such a trend has raised a concern to the EU as a ...

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English Law and Entrapment

08 Aug 2017 07 Sep 2017

6 (2,213 )

Analyse the approach of the English courts towards entrapment evidence. How far is it consistent with the jurisprudence of the European Court of Human Rights? Before we can analyse the English Courts approach to entrapment evidence, we must define what entrapment is. It can be defined as "An agent of the state …., cause some to commit an offence. For he should be prosecuted.[1]" ...

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Analysis of the Principle of Subsidiarity

08 Aug 2017 07 Sep 2017

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Introduction The principle of subsidiarity has been in existence for a long time. It was introduced in the Maastricht Treaty. According to the European commission's 18th report it stated what subsidiarity meant which is "Subsidiarity is a guiding principle for defining the boundary between Member State and EU responsibilities - that is, who should act? If the Union has exclusive competence in a particular area, ...

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Harmonization of International Commercial Law

08 Aug 2017 07 Sep 2017

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SUMMATIVE ASSESSMENT Introduction The international commercial law has grown and modified in twentieth century. Technological advances made international transactions easy and more efficient for the merchants to buy and sale across state borders. The move towards globalization comes with it several problems both for lawyers and legal systems. Outdated legal rules are obstacle to economic growth and technological development. Due to the economic demands there ...

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Family and Child Law: Negotiation

08 Aug 2017 07 Sep 2017

6 (2,113 )

Introduction Addressing the position of the parties on these facts, their views as to desired outcome are completely opposed in respect of where the children should be live. It is interesting to note however, that whilst Isabelle wants to relocate to Canada,[1] she suggests that she may remain in England if the children cannot move with her. In other words, she may be open to ...

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Fantasy Trading and Legality Thereof

08 Aug 2017 07 Sep 2017

10 (3,866 )

ABSTRACT Regulators are at a crossroads. On one hand, innovation in businesses should not be stifled by excessive and outdated regulation. On the other hand, there is a real need to protect the users of these services from fraud, liability and unqualified service providers. This predicament is far more complex than it seems, since regulators are confronted here with an array of perplexing questions. Firstly, ...

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Division of Powers between Shareholders and Directors

08 Aug 2017 07 Sep 2017

12 (4,527 )

QUESTION "The orthodox view in Corporate Law is that the ownership of the company is vested in the shareholders, whereas the management of the company is the exclusive preserve of the directors. But this sharp distinction does not always apply in every instance." Discuss in relation to the division of powers between shareholders and directors. INTRODUCTON The principle of division of powers aims at separating ...

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Privacy Law in the UK

08 Aug 2017 07 Sep 2017

6 (2,168 )

Definition of Privacy Judge T. Cooley provided the earliest and one of the simplest definitions of privacy, defining it as "the right to be left alone".[1] However, throughout the years, many different definitions have come about in a more positive light rather than a negative, such as, the right to be able to communicate information freely or simply, to keep such information to ourselves. ...

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Interest of Stakeholders and Copyright Law

08 Aug 2017 07 Sep 2017

14 (5,338 )

Introduction Copyright law has been developed into major issue when it comes to the interest between the stakeholders as the technologies today are evolving in decent speed. Copying an intellectual property without the authorisation of the owner is an infringement under the law of United Kingdom and European Union. Under European copyright law, art.2 of Directive 2001/29/EC stated that authors, producers and performers will possess ...

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Critiques of TWAIL Perspective and Investment Law

08 Aug 2017 07 Sep 2017

8 (3,063 )

CONSTRUCTIVE APPROACH TOWARDS INVESTMENT LAW CHALLENGING VIEWS OF THE THIRD WORLD APPROACHES The conventional view in western states among international legal scholars is that no comprehensible or distinctive 'Third World Approach' is apparent in international law. While it remains undeniable that certain reoccurring issues trigger the same response from Third World states[1], per scholars the typical view expressed is that 'disparate strands do ...

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Summarising the Paris Agreement

08 Aug 2017 07 Sep 2017

7 (2,636 )

The Kyoto Protocol's second commitment period is due to end in the year 2020, the same time as the new Paris agreement is due to come into force to replace this protocol (Wilder, Richard and Curnow, 2016). Given that the issue of fragmentation described earlier hinges on the provisions present in the Kyoto protocol, it is clear that the provisions introduced in the new agreement ...

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Freedom of Expression and Right to be Forgotten

08 Aug 2017 07 Sep 2017

5 (1,863 )

How best can the tension between freedom of expression and the right to be forgotten be resolved? Thesis statement The right to be forgotten is one of the important human rights to protect individuals' privacy. It has been assumed that the right to be forgotten (RTBF) breaches the freedom of expression and that it justifies censorship. However, the tension between the RTBF and freedom of ...

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Is The Computer Misuse Act (1990) Appropriate?

08 Aug 2017 07 Sep 2017

5 (1,895 )

The Computer Misuse Act (1990) and whether it Remains an Appropriate Legislative Instrument David Reid The Computer Misuse Act (UK) 1990 (CMA) [1] was one of the earliest acts aimed at protecting the integrity and security of computer systems. However the rapid development of technology has raised concerns as to whether the act remains effective and appropriate. Section 1: Hacking The Computer Misuse Act was ...

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Analysis of Pilotage and Pilots' Limitation of Liability

01 Aug 2017 07 Sep 2017

7 (2,657 )

Provisional title of the thesis: A comparative analysis of pilotage and pilots' limitation of liability in Australia. Area of investigation and/or the questions to be investigated Consider the following scenario. A vessel under the control of a compulsory pilot is maneuvering within a port limit. Master of the vessel follows the on-shore directions by the pilot and due to negligence of ...

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Evidence of Witness Statement

01 Aug 2017 07 Sep 2017

13 (4,936 )

The evidence that the prosecution wants to adduce at trial is the police statement made by Bennie which shows that he had seen Avril dealing drugs many times. This evidence wants to be used by the prosecution to prove Avril's involvement with the dealing of drugs as well as her involvement with the Black and reds local gang. Before the prosecution can adduce the evidence, ...

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Employment Law in Hungary Problem Question

01 Aug 2017 07 Sep 2017

7 (2,623 )

The difficulties that Andreas and Luka face in this circumstance relate to the fact that where Treaty Articles[1] and Regulations[2] are directly applicable in national courts. Directives are only binding as to the result to be achieved, with it being necessary for the Member State to adopt the national law in such a way as to implement the Directive's terms.[3] This means that whilst Andreas ...

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Asselt's Views of the Kyoto Protocol

01 Aug 2017 07 Sep 2017

6 (2,328 )

Asselt's Article This paper aims to build upon the article by Asselt (xxxx) by re-examining this example of fragmentation from an updated perspective. Asselt's article principally discusses the Kyoto protocol, however this is to be replaced by the recently adopted Paris agreement which is expected to come into force in 2020 (Wilder, 2016) and is not considered in Asselt's article. This dissertation will therefore consider ...

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Burglary of a Dwelling Conviction

01 Aug 2017 07 Sep 2017

18 (6,911 )

MEMORANDUM TO: Senior Partner FROM: Associate RE: George Bailey - Burglary of a dwelling conviction DATE: July 11, 2016[FEC1] ISSUES PRESENTED Under Florida case law[FEC2], entering is an element of burglary. Entering qualifies as any [FEC3]body part and is not secluded to the whole body. Defendant put his arm through an open garage window to commit a burglary[FEC4]. Did Defendant meet the ...

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Legal Recognition of Unmarried Couples

01 Aug 2017 07 Sep 2017

16 (6,044 )

It is clear that unmarried couples do not enjoy the same statutory recognition as their married counterparts.[1] This is most conspicuous on the breakdown of a relationship,[2] which in the latter case will allow for discretionary relief. On the other hand, the position of unmarried cohabitants is still decided under the 'ordinary law' of property, which continually leads to 'unfairness between the parties'.[3] This 'unfairness' ...

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Nozick's Theories of Justice Analysis

01 Aug 2017 07 Sep 2017

7 (2,627 )

Introduction Robert Nozick gained fame as a leading American philosopher thanks to the success of his 1974 book, Anarchy, State, and Utopia. The books endeavours to further explore the anti-consequentialist elements that have been discussed by John Rawls in his book, A Theory of Justice. Nozick has identified the best tool with which to gauge state action is its respect for individual rights. For this ...

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Exercise of Universal Jurisdiction Critique

01 Aug 2017 07 Sep 2017

21 (8,014 )

This Research will critically discuss the problems associated with the exercise of Universal Jurisdiction with regard to Internal Crimes by National courts The bases upon which Jurisdiction can be assumed under International Law are: 1. Territorial Principle 2. Protective or Security Principle 3. Nationality Principle 4. Passive Personality Principle 5. Universality Principle. UNIVERSAL JURISDICTION Unlike the territorial principle where jurisdiction is assumed based on the ...

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Steps of the Decision-Making Process in the CJS

01 Aug 2017 07 Sep 2017

3 (1,122 )

The first step in the decision-making process, which starts when the police are notified of or discover a crime, is investigation. Investigation falls under the Police subsystem of the criminal justice system (CJS). Identification of a suspect and gathering enough evidence to warrant an arrest are the fundamental functions of an investigation. If the police feel they have reason to initiate a search, the standard ...

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Hans Kelsen, 'The Pure Theory of Law' Critique

01 Aug 2017 07 Sep 2017

8 (3,095 )

Essay Title - Hans Kelsen, 'The Pure Theory of Law - its Method and Fundamental Concepts' (1934) 4 Law Quarterly Review, 474 - Critique Word Count - 2000 words The Austrian philosopher and jurist named Han Kelsen proposed the Pure Theory of Law. According to Kelsen, the standard legal philosophies were marred with contamination of law with moral and political ideology, which was compounded by ...

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Analysis of Coursework Feedback

01 Aug 2017 07 Sep 2017

4 (1,591 )

In this feedback, I'll be analysing and examining ways I could improve my first assignment. I also didn't go into much detail about government bail-outs and how regulatory initiatives may help evade the risk of a 'moral hazard', involving around tax-payer bailouts. I should have talked about the liquidity provisions and BASEL III capital. Then go on to examine the BRRD and concept of 'bail-ins', ...

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Title IX Legislation Analysis

01 Aug 2017 07 Sep 2017

5 (1,712 )

ARGUMENT I. Deference should not extend to an opined unpublished agency letter because it does not carry the force of law. [WS1] The United States Department of Education's Office for Civil Rights ("OCR") letter presented here should not be awarded deference because the regulation letter argues that the interpretation the language of Title IX is ambiguous. Title IX provides that, "no person in the United ...

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Public Interest Immunity in Protecting Informants

01 Aug 2017 07 Sep 2017

9 (3,513 )

Introduction The role of informants in an investigation is crucial as the information provided by an informant may be the only piece of evidence or clue available to the law enforcement agencies. So, it is critical that some clarity is drawn in identifying the rights of the informants and how and when the law should protect them. It can be argued that adding clarity to ...

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Impact of PSD2 on the Banking and Payment Industry

01 Aug 2017 07 Sep 2017

7 (2,531 )

Critically evaluate PSD2[1] and its potential impact upon the payments industry, the Banks and the UK customer. Is PSD2 likely to achieve its aims? PSD2 is the second payment directive that came into force in January 2016, as a fundamental piece of payments legislation within Europe, and the first European Law to affect sterling payments.  It is the artefact of an appraisal of the inventive ...

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Ambiguity of a Written Contract in Australia

01 Aug 2017 07 Sep 2017

7 (2,562 )

Do you think that a written contract must be ambiguous before an Australian court may hear surrounding circumstances evidence? In order to answer the question, I think it fit to discuss the principles for interpreting written commercial contracts. Principles of Interpretation Interpretation of a written contract involves establishing the parties' bargain. This involves an understanding of express and unexpressed terms in contracts and is of ...

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Issues of Company Co-Ownership

01 Aug 2017 07 Sep 2017

9 (3,510 )

MEMORANDUM 1 i. When in a state of co-ownership, the decision to make alterations and repairs is one in which it is necessary, that both parties must have made a common agreement before any changes are made to a property.[1] It should also be noted that in previous cases where exceptional circumstances arise and the property is in need of necessary repairs that any one ...

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Ownership of a Company

01 Aug 2017 07 Sep 2017

7 (2,729 )

Introduction In this assignment, I will be discussing about the scenario and the legal areas in which someone members may have been in breach of. I will also be deliberating whether if Susan as a shareholder, may also have liability as a director within the company and if he has breached any of her statutory duties. Body [1]Under the Companies Act 2006, the duties and ...

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Residency in Australia - Residency Laws

01 Aug 2017 07 Sep 2017

6 (2,363 )

Clemens and commissioner of taxation [2015] AATA 124 (6 March 2015) 1. Issue and decision consider in chosen case: Introduction: The whole case is about backpackers who were foreign nationals each of whom stayed in Australia for more than 183 days in the tax year to 30 June 2013. Maximillian Clemens ("the applicant") from Germany, who entered Australia in 3 October 2012 under working holiday ...

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Bilateral Investment Treaties: Breach of Treaty or Contract

01 Aug 2017 07 Sep 2017

12 (4,639 )

The face of international investment has changed radically thanks to the proliferation of BITs in the past decade. This has led to foreign investment disputes increasingly being resolved through dispute resolution procedure. But the increase in arbitration to resolve investment related disputes hasn't been successful in resolving some of the issues arising from BITs. Rather some of the recent decision in international investment has exposed some ...

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Financial Management of Construction Accounting

01 Aug 2017 07 Sep 2017

2 (778 )

Questions: You are advising a client who is highly respected in the industry as visionary and entrepreneurial.  She is planning her next project, a mixed-use development (e.g. some residential units and two or three larger commercial buildings).  This is to be just outside a large city near you, where infrastructure/transport links are established and ready for the growth. She intends the commercial element to ...

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