Social Work Law Problem Question

01 Aug 2017 07 Sep 2017

10 (3,932 )

Melanie, a social worker working for the social service department of the local authority, has just been assigned a possible child protection case as the nursery school attended by a child called Sophie aged 3, has alerted them about their concerns about her. The school are worried about Sophie as she has recently become withdrawn and has not been playing and interacting with the other ...

Click here to read more arrow

Furthering Legal Writing Skills

01 Aug 2017 07 Sep 2017

3 (1,165 )

Legal Writing skills are really important to professional legal practice. These skills come with time and constant practice and use. In this discussion, an attempt will be made on identifying the differences in approach between answering a problem essay or an essay question. To effectively do this, an understanding of these question types through a discussion of what they mean will be important. Through these ...

Click here to read more arrow

COPs and their Disadvantages

01 Aug 2017 07 Sep 2017

4 (1,510 )

Manage the mutual relationship by fostering institutional cooperation and coordination. Such cooperation could take place simply through information exchanges between treaty bodies, or in a more ambitious form comprising "joint planning of programmes or even the coordination of substantive decision-making or implementation activities." It argues that this "soft" alternative also has its limitations, which can be explained by incongruent memberships and limited legal mandates. It ...

Click here to read more arrow

Analysis of the Law of Will

01 Aug 2017 07 Sep 2017

7 (2,573 )

When a person dies leaving their property, the question will definitely arise as to how his or her property or estate will be dealt by those who survived them. Intestacy rules[1] applies when a person dies without leaving will but makes no provision for cohabitants and their children and friends. The law of wills are more favourable which allows a person to write a will ...

Click here to read more arrow

Doctrine of Judicial Precedent

01 Aug 2017 07 Sep 2017

5 (1,726 )

The Extent the Doctrine of Judicial Precedent Allows for Judicial Law Making, In a legal parlance, judicial precedent is referred to as the tradition of judges who are bound to follow the decisions laid down in previous cases which exhibit similarity of facts. Arguably, stare decisis forms the basic tenet of judicial precedent. Ideally, the principle would mean that in practice the decisions rendered by ...

Click here to read more arrow

Applicability of Alternate Minimum Tax

01 Aug 2017 07 Sep 2017

5 (1,977 )

All the non-corporate income tax payers are supposed to be paying AMT. The rule for applicability is that the AMT is payable if: Tax under normal Provisions (as per income tax act) is less than AMT. In this case the adjusted total income is considered to be the total income and tax liability is calculated over it. The other rule mentions that the AMT will ...

Click here to read more arrow

Law of Protection Business Information - Critique

01 Aug 2017 07 Sep 2017

18 (6,992 )

A critique of the extent of implementing the law of protection business information in Europe and the U.S. Introduction Stealing secretive business information and economic espionages as a result of globalization reveals an increase in the involvement of many commercial blocks to protect business ideas, through a litigation process. Regional economic blocks such as the jurisdiction of the European Union through its Commission as well ...

Click here to read more arrow

Bad Character Evidence Case Study

01 Aug 2017 07 Sep 2017

6 (2,010 )

The objective of this paper is to demonstrate what a bad character evidence(BCE) is and whether Liam Parrish's(LP) BCE of previous convictions should be admitted at trial. The definition and admissibility of BC is governed by the Criminal Justice Act 2003(CJA).[1] BC is determined as "evidence of, or of a disposition towards misconduct" or evidence of a tendency towards misconduct.[2] Misconduct is defined as the ...

Click here to read more arrow

Hart and Fuller Legal Arguments Analysis

01 Aug 2017 07 Sep 2017

7 (2,678 )

There has been a debate between Hart and fuller that has brought up arguments and room for discussion. This essay will show three specific arguments put forward by both Hart and Fuller; the criticisms of Harts theory and the reasoning behind the rebutting of the statement "Fuller confuses the efficacy of a legal system with its morality." The starting point would be to look at ...

Click here to read more arrow

Example of Business Contract

31 Jul 2017 07 Sep 2017

12 (4,481 )

1. Your Relationship with PCFS Solutions. A. Introduction. The sale and performance of Professional Services (defined below) hereunder is subject to the terms of this Professional Services Agreement (the "Agreement") between you (hereinafter "you" or "Client") and PCFS Solutions, Inc. and its affiliates (hereinafter "PCFS Solutions"). PCFS Solutions's sale and performance of Professional Services under this Agreement shall be solely for Client's own internal use ...

Click here to read more arrow

Breach of Contract Example

31 Jul 2017 07 Sep 2017

3 (925 )

The purchase and sale agreement signed on August 1st 2014, between Insurance Depot Limited (Depot) and Mr. Sanford (Sanford), is a legally binding contract. As a result, Depot will be able to effectively enforce its contract with Sanford by taking legal action. Depot's contract with Sanford satisfies the necessary elements of consideration, consensus, intention, legality, and capacity: Consensus There was a written agreement ...

Click here to read more arrow

Examining the Legal Issue of Copyright

28 Jul 2017 07 Sep 2017

8 (2,827 )

Introduction This essay is on the topic of Intellectual property and will be split into four parts. It will explain the law regarding copyright in the UK by using the Copyright, Designs and Patent Act 1988 (CDPA 1988), it will begin by discussing the legal terminology 'original work' and why copyright exists and the regulations of copyright in detail with regards to fixation and originality, ...

Click here to read more arrow

Tarasoff v. Regents of University of California

28 Jul 2017 06 Sep 2017

4 (1,290 )

An ethical dilemma alludes to the mental conflict that emerges from differing moral goals. Confidentiality and the safeguarding all private information is essential in healthcare especially about the treatment of mental illness. Because of the privatization of mental health treatment coupled with the closing of many state institutions, emergency department doctors and nurses are often faced with patients who are a danger to themselves, family ...

Click here to read more arrow

International Construction Contracts and Dispute Resolution

28 Jul 2017 06 Sep 2017

11 (4,077 )

  Discuss the distinction between the role of the Engineer as an agent of the Employer and the Engineer as independent of the Employer. Discuss also whether the distinction is useful, and whether and where (and why) it might be abandoned or retained. In addition, consider and list the provisions in the FIDIC Conditions (Red Book) (1999 ed.) whereby the Engineer performs functions as: ...

Click here to read more arrow

Art. 121 of the UN Convention of the Law of the Sea

28 Jul 2017 06 Sep 2017

8 (3,171 )

Discuss the interpretation of Art. 121 of the UN Convention of the Law of the Sea after the decision in PCA-Case N° 2013-19, Philippines vs China. Are there general conclusions to be drawn which can assist in other similar disputes around the world? Siderakos Panourgias Introduction On the 22nd of January 2013, the Republic of Philippines commenced, under Annex VII to the United Nations Convention ...

Click here to read more arrow

Types of Alternative Dispute Resolutions

28 Jul 2017 06 Sep 2017

6 (2,354 )

Introduction- This factsheet is about the different types of Alternative dispute resolutions (ADR), including advantages and disadvantages for each of them. ADR- is a method mostly used for civil cases to deal with legal conflicts and disputes that are resolved privately other than through hearing in the public courts. Binding is a decision of an agreement or promise involving an obligation that cannot be broken. ...

Click here to read more arrow

Should Courts Grant Conscientious Exemptions?

28 Jul 2017 06 Sep 2017

6 (2,278 )

Should Courts Grant Conscientious Exemptions from Equality Laws as Judicial Remedy? Freedom of conscience and religion is a fundamental right as stated in Article 9 of the European Convention on Human Rights[1]. The key issue here is that there is no explicit reference to conscientious objection, which leads to a clash of ideals between freedom of thought, conscience and religion - which may lead to ...

Click here to read more arrow

Risks and Consequences of Non-Compliance

28 Jul 2017 06 Sep 2017

5 (1,943 )

Our group have been presented with the data set: Road Collision Casualties in Camden. This data is published by the London Borough of Camden which is licensed under the Open Government Licence. All data on road collisions are provided by TfL (Transport for London), who present the data in three parts on an annual basis. The data set contains information on the casualties where some ...

Click here to read more arrow

Deprivation of Land Ownership

28 Jul 2017 06 Sep 2017

15 (5,606 )

"The surest way to deprive a peasant of his land is to give him a secure title and make it freely negotiable." R Schickele 1962, cited in Tim Hanstad, "Designing Land Registration Systems for Developing Countries" Am. U. Int'l L. Rev. 13 (1997) 667. Discuss. Some see land dispossession as the cornerstone of the past colonial key economic and political policies that has lead to ...

Click here to read more arrow

Defining Family in a Law Context

28 Jul 2017 06 Sep 2017

11 (4,373 )

1. Introduction The term family is a "fluid" concept[1], used to describe different forms of expressions regarding the intimacy shared in private life based on care and interdependence. It comprises of diverse relationships, including homosexual or heterosexual couple with or without children, cohabiting with or without legal formality.[2] Therefore, if the family is the core social environment in society, then family law is any form ...

Click here to read more arrow

Creditor and Debtor Relationship in Contract Law

28 Jul 2017 06 Sep 2017

8 (3,197 )

For an agreement to become binding, the parties must show that they supplied consideration; Currie v. Misa (1875)[1], and such consideration may exist of "either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other". In simple terms, it means that each party must do or give something in ...

Click here to read more arrow

Civil Enforcement Against Senior Bankers

28 Jul 2017 06 Sep 2017

17 (6,488 )

Civil enforcement against senior bankers for the financial failure of the institutions that employ them has been quiet in the United Kingdom before the global financial crisis in 2007. However, this unpleasant event that happened in the period between 2007 and 2009 directly displayed the weaknesses of senior management in the financial sector. Risk-taking management decisions, market misconduct and mis-selling practices are the common malpractices ...

Click here to read more arrow

Creating Law in the UK

28 Jul 2017 06 Sep 2017

4 (1,392 )

Parliament is the supreme law-making body in the UK. Statutes are above all, and Judge's role is to apply and interpret the statutes. There are four rules of interpretation, which have developed throughout the history and some of which after long lasting disputes. Law in the UK is also dependant on the EU law, which should be stronger that domestic law. There are several courts ...

Click here to read more arrow

Capital Market Union: Do We Need One?

28 Jul 2017 06 Sep 2017

8 (3,082 )

Introduction Capital market integration is not a new topic in the EU. It became however pressing again after the international financial crisis, that exposed the limits of European firms' overreliance on banks. The Juncker Commission made CMU one of its flagships initiatives, aiming at reducing national fragmentation and barriers in order to create a better environment for firms financing. While such a decision ...

Click here to read more arrow

Comparing UK Environment Law and Malaysia Environment Law

28 Jul 2017 06 Sep 2017

8 (2,911 )

Introduction For centuries, we have been focused on industrialisation. We focus on how to make our life more comfortable and convenient, focus on economic development and have become addicted to the competition among ourselves. This dissertation's primary focus is the contrast that exists between environment law operating in England and Malaysia. Similar to the other areas of law, environment law is a mix of primary ...

Click here to read more arrow

How will Brexit Impact the Law Profession?

28 Jul 2017 06 Sep 2017

3 (1,122 )

The UK's exit from the European Union has brought shockwaves around the world. This article aims to analyse how Brexit will impact the profession of lawyers and its industry. Right now, there is much uncertainty as to how Brexit will impact the UK and its legal industry. However, in the short term, once Article 50 of the Lisbon Treaty is triggered, there could be a ...

Click here to read more arrow

Companies Act 2013 and CSR

28 Jul 2017 06 Sep 2017

13 (4,886 )

Corporate Social Responsibility (CSR) has become an important part of company's functioning. With companies having a legal entity and existence in the eyes of law are required to contribute towards the society that they operate in. This has given emergence to CSR activities being evolved over a period of time. Corporate Social Responsibility (CSR) refers to various activities being undertaken with the aim of social ...

Click here to read more arrow

Balancing Test in UK Law

28 Jul 2017 06 Sep 2017

15 (5,958 )

The Ultimate Balancing Test This chapter will consider how the UK courts must find a balance between the competing Convention rights of Article 8 and Article 10. In the context of their relationship between the privacy of such individuals and the press, as these two essential and fundamental rights frequently come into conflict and must be analysed and balanced against each other. Whilst referring ...

Click here to read more arrow

EU Competition Law and Economics

28 Jul 2017 06 Sep 2017

12 (4,540 )

Discuss the use of terms drawn from economics in the jurisprudence of the European Court of Justice, which relate to the interpretation of Articles 101 and 102 of the Treaty on the Functioning of the European Union. Examine, in particular the role such terms play in the legal argument. This essay will examine the economic theories, both from a classical point of view and neo-classical ...

Click here to read more arrow

Evolution of Banking Law & Practice

28 Jul 2017 06 Sep 2017

18 (7,011 )

The society has a general understanding on what a bank is, it is a concept engrained in most people's mind involving an institution and money. This generally accepted perception simplifies the identification of a bank in the general population. The law, in different jurisdictions around the world has however failed to make substantive definitions of a bank. The difficulty arises due to the difficulty in ...

Click here to read more arrow

The European Convention on Human Rights in Irish Law

28 Jul 2017 06 Sep 2017

3 (990 )

What is the status of the European Convention on Human Rights in Irish law? Does it differ from the status given to other international human rights treaties to which the State is a party? Cite relevant case law and academic commentary in support of your answer. Note: in your essay you should explain how the Convention operates in Irish law at a ...

Click here to read more arrow

Application of the Hague/Visby Rule

28 Jul 2017 06 Sep 2017

15 (5,642 )

INTRODUCTION Disputes over loss of cargo, delay, damage or short delivery were resolved by referring to the contract of carriage as contained in the bills of lading based on the validity vel non of clause exonerating carrier from liability. The resultant public policy weight against allowing the carrier to exonerate himself from damage caused by his negligence which was not in line with the doctrine ...

Click here to read more arrow

Are CIF Contract of Sale of Goods a Sale of Documents?

28 Jul 2017 06 Sep 2017

10 (3,771 )

RESEARCH PROPOSAL A Cost, Insurance, and Freight (CIF) contract of sale is a sale of documents instead of sale of goods. HYPOTHESIS: "A Cost, Insurance, Freight (CIF) contract of sale is completed when documents are sold instead of the goods". INTRODUCTION AND ACADEMIC RATIONALE: This research proposal will explore the field of Cost Insurance Freight (CIF) contract of sale and it will provide enough references ...

Click here to read more arrow

Broadview Ltd vs Andrea Leadsom - Analysis

28 Jul 2017 06 Sep 2017

6 (2,029 )

Broadview Energy Developments Ltd Vs Secretary Of State for Communities and Local Government and Others [2016] EWCA Civ 562 Court of Appeal, Civil Division Presiding Judges: Longmore, Lewison, McCombe LJJ Between: BROADVIEW ENERGY DEVELOPMENTS LIMITED (Claimant & Appellant) - and - 1)THE SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT 2)SOUTH NORTHAMPTONSHIRE DISTRICT COUNCIL 3) HELMDON STUCHBURY & GREATWORTH WIND FARM ACTION GROUP (Defendants ...

Click here to read more arrow

UK Anti-Terrorism Laws - Analysis of Key Concepts

28 Jul 2017 06 Sep 2017

11 (4,360 )

The UK Home Office holds plenty of different legislative functions that are used to help prevent any terror attacks from happening. Their main strategy used to counter terrorism is called "Operation contest," it involves four detailed criteria to ensure that any attacks are successfully prevented. Firstly, it aims to 'Pursue' or follow terrorist activity in order to be able to stop terrorist attacks. Secondly, it ...

Click here to read more arrow

Trends and Changes in the Legal Industry

28 Jul 2017 06 Sep 2017

16 (6,216 )

A Report issued for Samantha at PLS to discuss the trends and potential changes in the legal industry alongside financial analysis of the firm and another competitor. Future investment opportunities are also discussed as well as overall advantages and disadvantages. The Legal Sector and Brexit Britain opting to leave the European Union shook the country last year. The uncertainty surrounding Brexit has left ...

Click here to read more arrow

Issues of the Registrability and Infringement of Trademark

28 Jul 2017 06 Sep 2017

9 (3,355 )

This question would be regarding to the issues of the registrability and infringement of trademark. Trademarks are the indicators of the origin of the products and services to which it attaches[1] which could bring a great economic value. Trademark is defined as any sign that is capable of being graphically representable which is distinguishable from one good to another under in s.1(1) of Trade Marks ...

Click here to read more arrow

Judges Power to Override Legislation

28 Jul 2017 06 Sep 2017

12 (4,768 )

INTRODUCTION The issue of judges having the power to override legislation can be linked to Judicial Review (JR) which has been a point of debate between different scholars. To understand judicial review, one must look at the definition of democracy and the nature of it. Democracy as described by A Weale is "a government whereby important public decisions on questions of law and policy depend, ...

Click here to read more arrow

UK Protection of Interest of the Rights Holders

28 Jul 2017 06 Sep 2017

10 (3,614 )

INTRODUCTION In the 17th century, the economic investments of publishers and printing press where threatened by unlicensed copyist who were involved in unauthorised printings and reproduction of copyrighted material.[1] At that time, the common-law remedies were very in effective making the publishers to labour in vain. The introduction of the 1709 Statute of Anne put a landmark in the protection of copyright in literary ...

Click here to read more arrow

Law Heritage of International Law

28 Jul 2017 06 Sep 2017

16 (6,365 )

International law theorists are largely in agreement when discussing the natural law heritage of International Law. The two were virtually synonymous until the nineteenth century.[1] The conception of International Law as a branch of law is often associated with Hugo Grotius, the celebrated natural law theorist, which is a testament to the undeniable link. This was also due in part to the underdevelopment of international ...

Click here to read more arrow

Analysis of Prest v Petrodel Resources Ltd

28 Jul 2017 06 Sep 2017

13 (4,896 )

The relatively short and significant judgment in the Supreme Court case of Prest v Petrodel Resources Ltd has gathered vociferous interest from academics and practitioners. It was of key interest as it was a legal cross over between family law and company law. The legal team representing Prest stated that 'the decision is of major importance not only for family law and divorcing couples, but ...

Click here to read more arrow

Reflection on Assessment Feedback

28 Jul 2017 06 Sep 2017

4 (1,395 )

Examine and critically reflect upon the feedback given on your first assignment and draft a response to the feedback that demonstrates improvement on your work. In this feedback, I'll be analysing and examining ways I could improve my first assignment. This is the overall feedback I received for my work. "You have discussed the principle of separate legal personality and provided examples from cases ...

Click here to read more arrow

Donoghue v Stevenson Analysis

28 Jul 2017 06 Sep 2017

6 (2,050 )

Introduction The case of Donoghue v Stevenson is arguably one of the most famous cases in the common law system and definitely one of the most important in the history of the development of the tort law. The revolutionary significance of the decision in this case is in the establishment of a standardised duty of care in negligence cases. Indeed, over the years after the ...

Click here to read more arrow

Risk Based Regulation and Solicitors Regulation Authority

28 Jul 2017 06 Sep 2017

14 (5,539 )

As seen in the case of Timothy Schools, a former director of ATM Solicitors in Preston who was struck off because of breaching various outcomes and principles of the SRA code of conduct. The SDT[1] had made allegations against the involvement of the defendant and his firm acting on behalf of clients who challenged the enforceability of various Consumer Credit Agreements. Mr Schools had been ...

Click here to read more arrow

Legal System of Ireland

28 Jul 2017 06 Sep 2017

3 (896 )

According to Business Dictionary (2017), the legal system refers to a regime in the legal framework of a country. It consists of following five entities: An oral or/and written constitution. Primary legislation endorsed by lawmaking body which is established by the Constitution. Supplementary legislation prepared by organization or person who is authorized by primary legislation. Applications of customs by courts on the groundwork of ...

Click here to read more arrow

Treasure Found in Land - Law Problem Question

28 Jul 2017 06 Sep 2017

7 (2,791 )

Craig In regards to the items found by Craig, assuming they are not classified as treasure using the Treasure Act 1996, it can be suggested that Craig does not have the right of ownership of the items and must return them to Sarah and Tony. This is because he has found them during the course of his employment. Craig has worked at the Manor Farm ...

Click here to read more arrow

Law of Offer and Acceptance

28 Jul 2017 06 Sep 2017

6 (2,189 )

Offer and Acceptance are the process by which a buyer and a seller create a legal contract. This process begins when a potential buyer makes an offer. Then, the seller can accept it, reject it, or reject it and makes a counter offer. Then the buyer has the same options. When one party accepts the other party's offer or counter offer, and communicates that acceptance ...

Click here to read more arrow

Designer Duties Arising from Health and Safety Legislation

28 Jul 2017 06 Sep 2017

7 (2,572 )

Summary of designer duties determine any possible dangers that might arise when carrying out construction and maintenance in future find relevant solutions to deal with the hazards inform PSDP about significant control measures, design presumptions or remaining risks to ensure they are handled in the Safety and Health Plan collaborate with PSDP, PSCS and other designers responsible for existing safety and health plan or ...

Click here to read more arrow

Islamic Finance - Issues With Securitization

26 Jul 2017 06 Sep 2017

7 (2,455 )

Chapter 1 INTRODUCTION Allah has created people to know Him and worship Him, in observance of His due lordship and divinity. That is why Islam made devotion to Allah the primary requirement of a Muslim after the two witnesses [of No God but Allah, and Mohammad is His Prophet]. Transactions are part of the religious issues that a Muslim performs for the sake of Allah ...

Click here to read more arrow

Business Law of Agency

26 Jul 2017 06 Sep 2017

9 (3,343 )

Purpose: People credited with this unit standard are able to: define agency; apply the law relating to creation and termination of agency; apply the law relating to authority of agents; apply the law as to the rights of third parties; and apply the law relating to the duties of a principal and an agent to each other, and the remedies for breach of duty. Task:  1 ...

Click here to read more arrow

Brady V. Maryland 373 U.S. 83 (1963)

25 Jul 2017 06 Sep 2017

2 (767 )

The facts of this case is that John Brady and his companion, Donald Boblit are arrested and prosecuted for murder in the first degree. John Brady testified stating that he was involved, but did not do the actual act of killing. Their trials were separated. John Brady and his brother-in-law planned on robbing a bank to help support Brady and his wife, who was pregnant. ...

Click here to read more arrow

Human Resource Management Law Example

25 Jul 2017 06 Sep 2017

4 (1,370 )

1. There is a page in the Company's Employee Handbook that states that anything brought onto the Company's property, including the employees themselves, is subject to random search for items belonging to the Company. There is a space for the employee to acknowledge receipt of this notice. Mr. Yourprop has a copy of the handbook but never signed the page. Does that matter? Explain. Even ...

Click here to read more arrow

Animals are Entitled To Basic Legal Rights: Discussion

14 Aug 2017 01 Sep 2017

4 (1,309 )

There are people who agree with animals having rights and there are also people who don't. However I am one of those people who believe that animals are entitled to basic legal rights. No matter how big or how small they are, they all deserve equal rights. Many animals are used for being tested on like body products and cosmetics. Animals should be free from ...

Click here to read more arrow

Ralf Michaels: The Detroit Principles as Global Background

08 Aug 2017

13 (5,133 )

INTRODUCTION: The article which is being critically evaluated in this essay is, "Ralf Michaels, 'THE UNIDROIT PRINCIPLES AS GLOBAL BACKGROUND LAW' (2014) 19(4) Uniform Law Review 1-22". In this essay the research objectives of the article will be seen which will be taking us through the actual study and research and will also tell us the actual purpose. Following this the research methodology of the ...

Click here to read more arrow

Analysis of Judicial Diversity

08 Aug 2017

3 (1,076 )

As much as genetic diversity is praised to be a key factor determining an individual's performance and survival; the much is judicial diversity regarded in acutely deeming efficiency of judiciary. Such is the stance of Lady Hale who was the first women to be appointed as a 'Lord of appeal in Ordinary' in 2004 and had witnessed the court replacing itself without reaching a more ...

Click here to read more arrow

Role of the Jury in the English Legal System

08 Aug 2017

7 (2,717 )

The jury trial is considered to be one of the most controversial elements of the justice system in the UK. The practice of trial by jury has shown over the years to have many disadvantages that which causes concern to society and must be reconsidered by Parliament. The key issues that have arisen of the years relating to the use of juries are a) the ...

Click here to read more arrow

Charge of Assault Occasioning Actual Bodily Harm (ABH)

08 Aug 2017

6 (2,108 )

This case requires us to consider whether Harry should be charged with assault occasioning actual bodily harm (ABH) in view of the guidance contained within the Code for Crown Prosecutors.   The Code lays down the principles which the Crown Prosecution Service (CPS) apply when deciding whether to prosecute and any decision is taken in accordance with the Full Code Test (FCT) detailed in section 4. ...

Click here to read more arrow

Reviewing a Redundancy Decision

08 Aug 2017

9 (3,454 )

It is well established that when reviewing a redundancy decision the Authority or Court will look at two factors. They are the genuineness of the redundancy and the procedure by which it was carried out. The enquiry into each factor is carried out separately (Coutts Cars Ltd v Baguley [2001] ERNZ 660 (CA)). Section 103A of the Employment Relations Act 2000 (the Act) requires an employer must, before dismissing ...

Click here to read more arrow

Maintaining Diversity in a Workplace

08 Aug 2017

2 (745 )

In this review I am going to show how different public services have different methods of services so basically, this written opinion will show information about different methods used in the public services to make sure that they have a many different kinds of people or things all the workers in a company or country. I will gather some of the information, on workplace such ...

Click here to read more arrow

Corporate Rescue Mechanisms of Judicial Management

01 Aug 2017

5 (1,945 )

Two new insolvency processes was introduced by the Companies Act 2016 which are corporate rescue mechanisms of judicial management and corporate voluntary arrangement. These mechanisms aim to facilitate rehabilitation of company in the event of corporate insolvency to allow companies to restructure its debts and at the same time able to continue with its business as opposed to the only way of winding up under ...

Click here to read more arrow

Land Law Problem Question on Driveway Development

01 Aug 2017

6 (2,206 )

Land Law Coursework Introduction The problem focuses on whether James would be bound by the right of driveway and the lease that Lily creates during her ownership in which the land was unregistered. Also, James wants to know whether the developer is bound by his interests; the restrictive covenant and the drainage. A distinction between the interests must be revealed in order to determine whether ...

Click here to read more arrow

Analysis of the Free Movement of Goods and Services Policy

01 Aug 2017

11 (4,313 )

The Court of Justice of the European Union (CJEU) has developed an extensive body of case law on free movement in relation to persons, goods, services and establishment. Over the years, the Court's approach to free movement as evolved and adapted to the modern European Union (EU) today. Through comparison of the case law it will be clear that how the Court deals with free ...

Click here to read more arrow

Analysis of Doctrine of Equity

01 Aug 2017

8 (3,061 )

The doctrine of equity was created to fill in the gaps of common law by providing more flexible remedies, unlike common law which only provide damages such as injunction, specific performance, equitable estoppel etc. Equity only governed by the maxims where it is based on the principles of fairness and conscience and are not as strict as common law. Hence, as the doctrine of equity ...

Click here to read more arrow

Forced Marriage (Civil Protection) Act 2007 Summary

01 Aug 2017

3 (1,086 )

Introduction Broadly, a forced marriage takes place where both parties have failed to give valid consent and there is duress involved. The Forced Marriage (Civil Protection) Act 2007 inserted s63A into the Family Law Act 1996, which gives family courts power to make Forced Marriage Protection Orders (injunctions) to protect a person from being forced into a marriage or from any attempt to be forced ...

Click here to read more arrow

Herring's Theory of Criminal Law

01 Aug 2017

5 (1,948 )

English criminal law entails sanction for various behaviors/actions and/or results; and these prohibitions are sprawling throughout numerous statutes and judgements. Generally speaking, the law categorizes criminal liability in two types of crimes; those whose result is prohibited; result crimes and those which carry sanction on a particular conduct, conduct crimes. Additionally, it must be remembered that although a crime may either be result or conduct, ...

Click here to read more arrow

Issues for Minority Shareholders

01 Aug 2017

6 (2,052 )

Naomi is a minority-shareholder in Run For Your Life (RFYL) Ltd. Dividends Unfair Prejudicial Conduct The first issue that will be looked at in this scenario is whether Mehmet and Lucy's failure to pay dividend amounts to unfair prejudicial conduct. Under the Companies Act 2006 s.994[1](CA 2006) Naomi's petition should relate to how the company's conduct unfairly prejudiced her interests as a member. A member's ...

Click here to read more arrow

Unfair Dismissal Problem Question

01 Aug 2017

9 (3,239 )

This question would be regarding on the areas of unfair dismissal, wrongful dismissal and whether Carmen could bring a claim under Employment Tribunal(ET) for her dismissals. Firstly, Carmen would need to fulfil the qualifications under ACAS to bring a claim. Carmen would need to proof that she is the employee of the hospital and had worked for the same employer for at least 2 years ...

Click here to read more arrow

Policy and Prejudice in Canada

01 Aug 2017

3 (877 )

While today Canada would be viewed as one of the countries with the most kind and inclusive community, it too had its dark times. It is hard to believe that there was a time where Canada had policies based on discrimination and bias towards certain ethnicities when today our culture is so heavily reliant on the diversity if our population. While Canada has made many ...

Click here to read more arrow

Alternative Careers in Law

01 Aug 2017

3 (1,085 )

Having a law degree offers a world of opportunities. You don't have to be solely a solicitor. One area you can choose to look at is become a barrister. Barrister If you're not too fond of working with the public and just want to specialize and work mostly in the court room, then being a barrister would be a good choice. Barristers are usually hired ...

Click here to read more arrow

Factors in a Commercial Contract

01 Aug 2017

6 (2,346 )

INTRODUCTION: A commercial contract is a contract viewed by the courts unless it has been indicated otherwise, to be legally binding. It doesn't have to be a written contract, as any contract between two parties that mostly relates to a commercial issue, is known as a commercial contract. It can be contract between a corporation and its customers, or the corporations themselves. To ensure that ...

Click here to read more arrow

Liability of Businesses and Customers

28 Jul 2017

2 (676 )

What is a corporation? The current legislation that relate to different companies is known as the Companies Act 2006. This treats companies and corporations individually even though they are similar concepts. A corporation is defined as being an artificial person made by law. Corporations exist independent of human beings who are in fact members involved with the entity.What is a crime?This is a wrong doing ...

Click here to read more arrow

C-281/98 Roman Angonese v Cassa di Risparmio di Bolzano SpA

28 Jul 2017

8 (3,130 )

Introduction The case of C-281/98 Roman Angonese v Cassa di Risparmio di Bolzano SpA concerns the area of direct effect in regards to the free movement of persons within the European Union. The decision in Angonese[1] is not the first case to address the issue regarding linguistic knowledge as a national requirement for practicing in a certain position or holding a certain post[2]. Throughout this ...

Click here to read more arrow

What is a Training Contract?

28 Jul 2017

3 (1,143 )

To be a successful solicitor, you will need more than legal knowledge to ace your exams and plunge to the challenging world of law. You will also need to have a substantial training period. As aspiring solicitors, you need to start preparing to apply to training contracts. Currently, it is normal for students to start applying for training contracts in the second year of their ...

Click here to read more arrow

Disputes with Completion Dates

28 Jul 2017

6 (2,022 )

As mentioned in the introduction, disputes associated with completion dates often become complicated due to association with different legal concepts. To fully comprehend the research subject matter, it is important to give a brief overview of such principles, as detailed further below. Most commonly the Contractor's obligations in respect of time for completion of the works are expressly defined [OV1]within the terms of contract, it ...

Click here to read more arrow

Intellectual Property Rights

23 Mar 2015 05 Jul 2017

7 (2,635 )

Intellectual Property Rights Intellectual property can be instrumental to the value of any business. The ability to protect a business or an individual's ideas, inventions and original processes is something that is considered essential to many establishments, particularly those that rely on innovative ideas and products as their unique selling point. Intellectual property rights span a wide range of situations and products, although the most common rights ...

Click here to read more arrow

Caring for Children: Roles, Regulations and Practices

23 Mar 2015 31 May 2017

17 (6,714 )

Keywords: multi professional team, child care regulations, child care regulation affect Describing the role of the practitioner in caring for children The role and responsibilities of an early years practitioner follow a number of codes of practice which clearly state how practitioners and other staff must conduct themselves. Chief amongst the codes presently in operation are those that govern special needs, safeguarding children, children's ...

Click here to read more arrow

Observation Of A Court Visit

23 Mar 2015 18 May 2017

5 (1,800 )

On 8th December 2009, I went to visit the Stratford Magistrate Court with few friends for a trial at 10. As I entered the court I was checked for security reasons and also had a bag check. I have visited this court before with a class when I used to be at college so I was familiar with the surrounding. It was on an opening day when ...

Click here to read more arrow

The Banker-Customer Relationship

23 Mar 2015 17 May 2017

7 (2,654 )

Banker Customer Relationship In the light of a "massive erosion of the principle of confidentiality". In the Banker/ Customer Relationship Review Committee on Banking Services Law (1989) recommended that "the government should not further extend the statutory exceptions to the duty of confidentiality, without taking full account of the consequences for the banker/ customer relationship" Critically discuss how the principles of confidentiality has developed the potential aspect ...

Click here to read more arrow

Unfair Dismissal in Employment

23 Mar 2015 08 May 2017

3 (1,143 )

Unfair Dismissal. In an action for unfair dismissal, it is for the employer to prove that there were grounds for dismissal, and that in the circumstances the dismissal is fair. Five potentially fair reasons for dismissal have been set out at Section 98 of the Employment Rights Act 1986.  These are as follow:- Lack of appropriate qualifications or capability This will only be fair ...

Click here to read more arrow

Can A Suspect Be Interviewed Without Legal Representation?

23 Mar 2015 08 May 2017

8 (3,030 )

A suspect is in custody for robbery and the OIC wants to interview him as soon as possible without legal representation. The custody officer declines this request and a solicitor is brought to the police station. During questioning, it became necessary, in order to clarify the interviewee's account, to pose questions which had already been asked. The solicitor argued that this is not permitted. There is then ...

Click here to read more arrow

Relevance of the postal rule of acceptance

23 Mar 2015 04 May 2017

4 (1,522 )

Write an assignment on the 'rationale & relevance of the postal rule of acceptance in the 21st century' by analyzing the possibility of acceptance by post according to the current practice. A formation of a contract requires an agreement, it follows that, in order for such agreement to be reached, there must be an offer made by one party which is accepted by the other. An acceptance ...

Click here to read more arrow

Judicial Reasoning And Decisions

23 Mar 2015 01 May 2017

18 (7,034 )

Judges often couch their judgements in language which would suggest that their role is merely to declare the law (declaratory theory). It is obvious that judges in fact use a variety of reasoning techniques. Different judges may use different techniques at different times. Inconsistencies generated as a result of different judges adopting different reasoning provides source for critique and evaluation by identifying reasoning used by a particular ...

Click here to read more arrow

The Offer Contract Agreement

23 Mar 2015 28 Apr 2017

7 (2,699 )

Offer Contract Agreement Peter acquired a Degas painting. On 2nd May, he sent a telex message to Manjit that he was prepared to sell the Degas painting to her for £240,000, but that he "must receive an answer within seven days." Manjit replied immediately by telex, stating that she was willing and that she would pay for it in monthly instalments of £20,000 each. On 3rd May, ...

Click here to read more arrow

Criminal law: Treating a child as an adult

23 Mar 2015 27 Apr 2017

5 (1,644 )

A 15 year old commits a crime, depending on the seriousness of the crime, that child should be treated as an adult. Children in the past have been given many but not all of the due process protection that is recognized in adult criminal courts, so why can't children be treated as adults if they get certain advantages that adults get. Juvenile courts have many of the ...

Click here to read more arrow

Capacity Of Minors In Contracts

23 Mar 2015 25 Apr 2017

5 (1,962 )

A contract involves s a promise between two persons for the exchange of either good or services. A contract signifies the free consent of the parties to the contract to be bound by law. For a contract to be valid, it must have these basic elements: mutual assent, consideration, capacity, and legality. Mutual assent is characterized by offer and acceptance through mutual accent; "consideration," on the other ...

Click here to read more arrow

Conventions in the UK constituion

23 Mar 2015 24 Apr 2017

7 (2,464 )

Introduction Conventions are distinctive to the UK Constitution as they include the practices, customs and behaviour of how the government and state institutions operate. They are considered non-legal rules which are unenforceable. However, there is uncertainty surrounding their definition and position in relation to laws and whether their obligatory nature makes them more than mere habits. Although the UK is a functional democracy, it is one without ...

Click here to read more arrow

Business law definitions

23 Mar 2015 21 Apr 2017

7 (2,550 )

Business Law Assignment Common law and stare decisis Common law is all that law that is made by judges. It is initiated by citizens when they file cases in courts. Stare decisis is a term used in the common law to mean that decisions made in court cases should be based on previous decisions. It simply means that the decision should stand. It therefore means that in ...

Click here to read more arrow

Mens Rea And Actus Reus Of A Crime

23 Mar 2015 20 Apr 2017

3 (1,148 )

Two elements comprise nearly all crimes, a guilty mind (mens rea) and a guilty act (actus reus). "An act does not make a man guilty of a crime, unless his mind is also guilty." It is, therefore, not the act which is guilty but respectively the man and his mind. A substantiation of an actus reus is required in every crime. Also, there is a presumption that ...

Click here to read more arrow

The Definition And Essence Of F O B Contract

23 Mar 2015 20 Apr 2017

9 (3,432 )

A seller f.o.b. performs his obligation by putting the goods which conform to the contract onboard the ship at his expense. The general rule in f.o.b. contracts is that risk passes on shipment and according to the traditional view, this is made when the goods cross the ship's rail. Moreover, there are various types of f.o.b. contract, and for the sake convenience, they have been grouped under ...

Click here to read more arrow

A history of Common Law

23 Mar 2015 18 Apr 2017

6 (2,113 )

Common Law In order to be influential, the law is to be professed as both certain and predictable, and also flexible and fair.  Specifically, it needs clear rules on the one hand, but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are applied rigidly.  Equity is an essence of principles, doctrines, and rules advanced initially ...

Click here to read more arrow

The Psychological contract

23 Mar 2015 18 Apr 2017

7 (2,591 )

The psychological contract has been defined as the implicit relationship between an employee and their organization which outlines what each should expect to give and receive in the relationship (Gakovic & Tetrick, 2003; pg 236). Rousseau (2000; pg 9) has defined psychological contract as "the terms of an exchange agreement between individuals and their organizations". It can also be regarded as an individual's beliefs regarding the terms ...

Click here to read more arrow

The Cases Of A Judicial Precedent

23 Mar 2015 18 Apr 2017

5 (1,937 )

Judicial precedent can be explained as where past decisions of judges are followed in future cases when the facts of the cases are similar. Therefore the legal definition of Judicial precedent can be stated as a courts judgment quoted as a power for choosing a comparable set of facts; a case which provides authority for the legal principle launched in its judgment. It refers to the way ...

Click here to read more arrow

Legal and ethical issues of discrimination

23 Mar 2015 13 Apr 2017

3 (1,141 )

In an effort to curtail discrimination, implementing new strategies and proposing these new hiring practices are vital. It is not a good ethical policy for employees to be able to screen and pick and choose who gets to be interviewed, as in this case. Company hiring practices if done with good judgment and a strong moral and ethically correct agenda, can benefit the organization as a whole. ...

Click here to read more arrow

Features of a CIF contract

13 Sep 2016 16 Mar 2017

8 (2,862 )

Keywords: cif contract definition, application of cif contract, enumeration of cif contract documents 'The central feature of a CIF contract is that it is a shipment contract. This fact explains virtually every contractual and legal feature of the contract'. Even if the CIF contract was the only standard form of shipping contract, which it is not, it would be very difficult to agree with the above ...

Click here to read more arrow

Oscar Chess v Williams, the facts, reasoning and appeal

13 Sep 2016 16 Mar 2017

8 (2,834 )

Keywords: oscar chess ltd v williams, oscar chess v williams misrepresentation, denning lj Oscar Chess Ltd v Williams [1957] 1 ALL ER 325 What were the material facts of the case and the legal issues on which the appeal was based? In June 1955, the defendant sold to the plaintiff, who were motor dealers, a second-hand Morris motor car for £290, this sum being ...

Click here to read more arrow

Blake v DPP, a summary of criminal case law

13 Sep 2016 16 Mar 2017

4 (1,435 )

Keywords: offence of criminal damage, criminal damage act, r v ashford, r v hill Introduction In addition to the general defences seen in criminal law (duress, coercion, diminished responsibility etc) the offence of criminal damage has a number of specific defences which are found in the Criminal Damage Act 1971. In particular section 5 (2) states that a defendant has a lawful excuse, if: He ...

Click here to read more arrow

Equity and trusts problem question answers

13 Sep 2016 16 Mar 2017

5 (1,660 )

Keywords: knight v knight, creation of a trust, milroy v lord, donationes mortis cause Equity and trusts problem question (1500 words) This scenario relates to the purported creation of a trust. We are told that Michael has said to his daughter that “I promise to transfer to you within the year certain property”. The first issue to determine is whether this is sufficient to create a ...

Click here to read more arrow

Freedom of contract essay, types of contracts

13 Sep 2016 16 Mar 2017

22 (8,479 )

Keywords: freedom of contract uk, freedom of contract principle, natural law concept, hague visby rules THE PRINCIPLE OF FREEDOM OF CONTRACT INDEX Summary …………………………………………………………………... 1 Introduction ………………………………………………………………... 3 Giving efficacy to a contract ………………………………………………. 5 The importance of good faith ……………………………………………… 5 Unconscionable bargains …………………………………………………... 6 Unreasonable conditions in the contract of insurance ……………………... 7 ‘Subject to contract’ term ………………………………………………….. 8 Exemption clause …………………………………………………………... 9 ...

Click here to read more arrow

Company Law problem question: Running a business

13 Sep 2016 16 Mar 2017

6 (2,065 )

Company Law problem question Question 1(a) Tom, Dick and Harry are in business together in the form of a legal partnership. The business having developed somewhat, they are now keen to incorporate their business into a limited company. This will undoubtedly have benefits for the traders, although there are of course certain ramifications of which they should be aware which will be dealt with after a ...

Click here to read more arrow

Judicial Review problem question essay

13 Sep 2016 16 Mar 2017

9 (3,318 )

Keywords: application for judicial review, public law functions, the right to legal representation Judicial Review problem question (3000 words) Part 1 The first significant area for consideration in this scenario is whether Jack will be granted permission to proceed with his application for judicial review. He is seeking review of a decision by an internal disciplinary tribunal that he be dismissed for unprofessional conduct. The tribunal ...

Click here to read more arrow
ORDER TODAY!

Our experts are ready to assist you, call us to get a free quote or order now to get succeed in your academics writing.

Get a Free Quote Order Now