...The law, nature, sources and importance This discussion is going to focus on a number of issues. Firstly, an outline is going to be given on how the law affects business in a country. From there the importance of business law is going to be deliberated, followed by the nature and sources of law. Finally, a discussion is going to be made on how the law can be improved in a country. The law has many impacts on business. In this discussion the writer discusses three ways in which the law affects business. Generally the law affects business in the following ways: * Protecting the interests of the investors * Protection of the provisions of business contracts * The law regulates the business environment * The law provides guidelines in the employee- employer relations * There are laws on tax * It promotes transparency. Regulating business environment and operations The law provides guidelines and standards in which all businesses must operate. This protects the business from crumpling as much as protecting the consumers. For examples there are laws that require the business to comply with international practices. For example the companies must declare their business deals with the international partners. The government needs to find out if the partnership is in the interest of the investor. Another example of this relates to the need of all business in the country to get registered. In registering businesses certain details are required. This ensures that...
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...Formalities – Perfect/Imperfect Trust Introduction The question in this case refers to the creation of a trust, i.e. the formalities that are required. In the case of Serena, she has created a trust that holds the property in trust for Alice for life and then the remainder goes to Alice’s children. On the death of Serena, there is a valid will where Alice gets all of the property and there is no interest for Alice’s children. Therefore, the following advice is going to identify a trust is in place, which will ensure that the property transfers to the children. The Creation of a trust The case of Milroy v Lord identifies a perfect trust, which includes; 1) a deed of the trust; and 2) transfer of the property following all formalities . Therefore, in the case of the trust created by Serena, both the property “Hillside” and the Jane Austin books have the capability of being part of a perfect trust. However, in the case of the land there are additional formalities, which will be discussed later. At this point there is a perfect trust that related to the books, because this is a case of a perfect trust, because there is both declaration and transfer of the books to the trustees . The share certificate and cheque are not in the deed documents, but have been transferred to the trustee with the declaration “to be added to the trust”. This is not a full deed, but applying the case of Milroy v Lord it is a declaration plus transfer of the property, which means that it has a capability...
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...Explain the meaning of the term ‘causation’ Causation is an element of criminal liability. Causation is divided into factual causation and legal causation. Factual causation is the starting point and consists of applying the 'but for' test. In most instances, where there exist no complicating factors, factual causation on its own will establish causation. However, in some cases it will also be necessary to consider legal causation. The chain of causation can be broken if the defendant will not be the legal cause if he can show that the victim caused the end result himself. However, this will only succeed if the victim’s reaction was unreasonable. Also the chain of causation can be broken by bad medical treatment. Factual causation is established by applying the 'but for' test. This asks, 'but for the actions of the defendant, would the result have occurred?' If yes, the result would have occurred in any event, the D is not liable. If the answer is no, the D is liable as it can be said that their action was a factual cause of the result. For example in the case R V White the D tried to poison his mum, but she died of a heart attack before the poison had any effect so his actions did not pass the but for test. Once it has been established that the accused is the factual cause of the harm suffered by the V, it then has to be shown that he is also the legal cause. This makes sure that people are not found guilty when they are not to blame for the end result. The court asks...
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...Uncertainties Surrounding Implied Contract Business Law Prof: Aliya Ramji Kuldip Manak Student ID: 50023432 March 27, 2014 Word Count: 500 The legal issue that arises when advising for Martha in this scenario is whether she entered into an enforceable contract or was this merely a gratuitous promise made by Bob. In order for there to be a legally binding contract three requirements must be met, there must be an agreement, an intention to create legal relations and consideration. In order for there to be an agreement there needs to be an offer made by one party with is accepted by the other by promise or performance. There was presumably an offer made by Bob to pay the $1000 which Martha had accepted. In commercial agreements (made in the course of business) the presumption lies that there is an intention to create a contract which is not the case in social agreements. It is debatable whether this was an intention to create a contractual obligation, as although the two had met at the TBREA networking event, Martha’s recommendation to Raj were made personally. Most importantly there was no consideration given in this scenario to complete the terms of a contract. The three rules of consideration are, consideration must not be ‘past’, consideration must be sufficient and it must move from the promisee. As Martha had made the referral which was accepted by Bob before the promise of payment was made, the promise came after the performance the consideration was in the...
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...The following paper will examine the elements of procedural fairness apparent in tribunals and compare this to that of the court system, ultimately coming to a tentative conclusion on the efficacy of each. A broad spectrum of academic literature, case law and legislation has been considered to evaluate the role that tribunals have in the Australian legal system. In light of Kerr J’s remark (above), find and critically analyse a case which considers issues of procedural fairness in a tribunal hearing. The case of Ashmore v Commissioner for Superannuation primarily concerned the decisions to not recognise late election and to not grant an extension of time relating to the preservation of the applicant’s superannuation benefit. At the initial hearing in which the applicant (Carolyn Ashmore) gave oral evidence, only one senior member was present, contrary to the stipulations of the Superannuation Act that the Tribunal be constituted of three members, one of whom is an eligible employee or pensioner. The hearing was then reconstituted with three members, and a transcript of the applicant’s oral evidence was used to ascertain her credibility. Ultimately the Tribunal formed a negative opinion of the applicant’s evidence, leading them to rule against her. By relying on a transcript of Ashmore’s evidence, it was determined by Justice Moore that the other two tribunal members could have been influenced, albeit unintentionally, by the negative bias from the senior member present at the...
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...A king of Babylon named Hammurabi created 282 laws to keep problems in order. These laws went by the name of Hammurabi’s Code. However, were these laws just? Although there is a variety of laws, nearly all were not. There are three categories I will choose to prove my point. The categories I will be talking about are the Family Law, the Personal Property Law, and the Personal Injury Law. To start with, Hammurabi’s Code negatively bothered some family members. For example, in Law 168 it said,”If a son has struck his father, his hands shall be cut off.” Moreover, Law 128 states the following,”If a married lady is caught[in adultery] with another man, they shall bind them and cast them into the water.” Based on what I read, Law 195 says if a son disrespects his father by hitting him, his hands shall be cut off. This law negatively bothers the son considering that the effect is too strong for what he did, cutting off his hands should not be the way to fix the problem. Law 129 also bothers them, so much that their hands become tied and then drowned to death. This shows that Hammurabi’s laws are too harsh for the committed misdemeanors. As you will notice, he should have made his laws based on how...
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...judged in the underworld for running away. He would be running from the law so he would be trading the wrong that the Athen’s society is doing to him for another wrong. He justified this to Crito by saying breaking the law is really bad and no matter what he needs to follow this. He compares breaking the law to hitting a parent as a child. In escaping he would be only hurting himself and the society. He thought that breaking the law would make him look like a bad person and it would only punish him in the afterlife. Not only harm would come to himself he would also harm the society because in his mind a citizen is bound to the law. Soldiers in the USA today are also bound to the United States in a sense and are...
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...Essay on Immigration Law No Changes in the Immigration Law Essay: The problem of immigration is nowadays one of the most serious problems the contemporary American society is currently facing. Many specialists argue that the growing number of immigrants, especially illegal ones is dangerous for the future development of the national economy as well as for socio-political life of the whole country. In such a situation it is quite natural that American government is getting to be particularly concerned about the problem of immigration and initiated a legislative reform concerning immigration. The history of the US is a history of inflow of immigrants, embodied in Ellis Island, and the history of adverse reaction to the newcomers on the part of the current population. Many people in the United States think that the number of immigrants should be limited and the immigrations laws should be changed. In my opinion, immigration laws should not be changed since they work well for the country and people’s unsatisfaction with the laws comes from general hostility toward the immigrants. This view in particular, is embraced in the article by Richard Rodriguez “Trouble is, native-born just don’t measure up – anti-immigrant politic” that focuses on the role immigration has played in the development of the US and approaches that should be taken in treating this phenomenon at the moment. The current policy of the US basically target well-qualified specialists from other countries of the...
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...often governed by a set of rules commonly known as law. Although the rules might be different from one nation or society with another one, but it is important and necessary in regulating human’s behaviour. Law tells us what we should do and should not do. In every nation or society, there are different type forms of rules and laws. Rule is form through morality or customs while law is enforced by the state or courts. If one break the law, you need to be punished either by fine or go to prison. English law has been in existences for a very long time nearly a millennium year. Before the Norman Conquest, different area of England is governed by their own set of laws which is different with other state or area. After Noman Conquest during year 1066, William the conqueror, forms a strong central government and standardize the law and applies to all over the England. In the English legal system, we can distinguish law into two, which are public law and private law. Public law concerns about the relationship between the states and citizens. It contains of constitutional law, administrative law and criminal law. On the other hand, private law or known as the civil law concerns about the private...
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...basic principles of the English Constitution is the rule of law. This doctrine is accepted in the US and Indian Constitution. The entire basis of administrative law is the doctrine of the Law. Sir Edward Coke, Chief Justice in James I’s reign, was the originator of this concept. In a battle against the King, he maintained successfully that the King should be under God and the Law, and he established the supremacy of the law against the executive. Dicey developed this theory of Coke in his classic work. The Law and Constitution published in the year 1885. Rule of Law embodies the doctrine of supremacy of law. It is a basic and fundamental necessity for a disciplined and organized community. Rule of Law, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power...
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...Criminal Law/Procedure Essay 5 Dan’s Crime Solicitation Dan may have committed the crime of solicitation. The crime of solicitation is an inchoate offense. Solicitation consists of inciting, counseling, advising, another to commit a crime with the intent that the person being solicited will commit the crime. Here, according to the fact pattern, Dan informed Eric that he planned to take all of her computers. This would qualify as solicitation however, since Dan has committed other crimes arising from his solicitation, he cannot be convicted of solicitation due to merger. Accomplice Liability Dan may be held liable for accomplice liability. Accomplice liability involves a principal and accessory before the fact and an accessory after the fact. A principal is the person who commits the illegal act or who induces an innocent person to do so. An accomplice before the fact is a person who aids or encourages the principal to commit the conduct but is not present and an accessory after the fact is someone who aids the principal in escaping knowing that he has committed a felony. Here, Dan would be considered a principal since he received aid before and after the commission of the felony. Conspiracy Dan can also be guilty of conspiracy. Conspiracy is a specific intent crime. Conspiracy requires an agreement between two or more persons, an intent to enter into the agreement, and the intent by at least two persons to achieve the objective of their agreement and an overt agreement...
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...providing a body of laws that are to be adhered to by nations and the individuals residing in them so that a sense of social order and growth can be achieved in a way that may ultimately lead to prosperity for the nation (Kritzer 2003) . Different countries employ many varied legal systems in an effort to ensure this stability and growth. Two such legal systems used by a great number of countries today are the Common Law and Civil law systems (DFAT 2012) . The origins of Common Law extend back almost a thousand years to the Middle Ages in England, and has slowly developed to become a widely used legal system all over the world, implemented in first world western nations such as Australia, America and Canada as well as developing economic powerhouses such as India (Kritzer 2003). The roots of Civil Law can be traced back even further to the accumulation of Roman law in the 6 th century CE. Much of Europe still uses the Civil law system as it has for hundreds of years. (Dainow 1996 ). As with all legal systems both Civil and Common law systems have their differences, which in turn makes up what you could call their strengths and weaknesses. The main difference between the two is how cases are decided within the system. The use of Common law sees cases decided mainly on the precedent of cases that have come before as will further be demonstrated whereas Civil law relies on the use of codes, principles and statutes to create and uphold the law when deciding cases...
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...I believe that the amount of law enforcement placed in the dangerous parts of certain cities should be increased. Now I will state my reasoning and argument. Let me explain my reasoning, for what I need to say is true and must be heard. Now, I have acquired a chart. This chart states the amount of fatalities and injuries. The point of this chart is to explain why Law enforcement should be increased. The chart you see on this document is what i was talking about. When you look at it you will notice that fatalities are higher than injuries, most of the time anyway. Moving on, others say that we should increase it anyway, i’ve seen people look up to law enforcement and they have every right to do so. Also they feel that more lives could be saved...
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...Faculty of Business, Economics and Law School of Law Introduction to Business Law Common Law Assignment Semester 2, 2014 Instructions 1. Weighting: The assignment is worth 20% of your final mark in this subject. 2. Due Date: The assignment is due and must be submitted latest by 4:00 pm on Monday, 15 September, 2014. 3. Questions: You must answer all questions. 4. Type: This is a common law problem-solving assignment, and as such, you are not required to discuss any legislation. The IRAC guide to answering problem questions is the format adopted for this assignment. It has been set out for you. You should cite relevant case authorities (cases) to support your answers. 5. Presentation: Your assignment must be typed with double spacing and wide margins. Size 12 font must be used. 6. Referencing: You must reference your work appropriately using footnotes. The Short Guide to Legal Citation available on LMS contains information on footnote citations. No bibliography is required. 7. Word Limit: The word limit is 1,500 words, including footnotes. You must provide the word count on the front page of your assignment. 8. Cover Sheet/Statement of Authorship: Your assignment must be accompanied by a cover sheet available on LMS. You must complete all the details required on the cover sheet including your tutor’s name and seminar time, and your name and student number. You must sign and date the cover sheet. 9. Submission: You must submit both a hard copy and an electronic copy of your assignment:...
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...Question Alan, Dave and Joe have been very good friends since their university days. In January 2010, they formed a private limited company, ADJ to run a real estate agency at Suntec Street, with Alan and Dave each holding 20% of the shares. Joe owns the remaining 60% of the shares and is the only one director of ADJ. ADJ needed to buy a motor car for the company’s needs, as all 3 of them frequently bring their clients around looking for properties to buy, sell or rent. During the sale of a second hand motor car by Motor Dealers to ADJ, Motor Dealers represented to Joe that the car had travelled 12,000 km, but is of show room condition. After ADJ bought the car and sent it for servicing, Joe discovered that it had travelled more like 120,000 km. ADJ tried to return the car and get a refund of the purchase price from Motor Dealers. Motor Dealers refused saying that it believed its statements were true. ADJ recently entered into a contract with XY Partnership for the extension and renovation of their office premises to be completed by 26 March 2010. Their contract contained the following clause 12: “XY Partnership agrees to pay ADJ the sum of $3,000 per day by way of liquidated damages, in respect of unfinished work for each day after 26 March 2010.” XY Partnership was not only 6 days late in finishing the building work, but the finished product proved unsatisfactory. ADJ had to spend a large sum of money to remedy the...
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