...LAW122 – Tutorial 1 – September 18th, 2015 How to solve a legal question? * Start with the facts: 1. Read carefully and understand the facts as they determine the relevance of any legal points you make later. 2. Identify the relevant legal issues: * What do we want to find out, e.g. is the contract enforceable? * The order of issues matters, e.g. was there an offer? Was there an acceptance? * Deal with one issues at a time 3. Discuss the law relevant to the issue & cite supporting authorities. 4. Apply the law to the facts and assess what the likely decision would be on this issue. Exam: identify the legal issue, apply the law to the facts, and choose the correct answer, ethics or discussion. September 25th, 2015 - Business Torts – Lecture 3 *1 Deceit (Fraud): A false, intentional, representation that was relied upon by the plaintiff and which caused the plaintiff to suffer a loss. [Representation: description or portrayal in a particular way (e.g. through a statement)] Elements of Deceit: * False representation (statement): could be defendants or a third party. * “False” includes half-truths, failure to update information, and silence when there is a duty to disclose. * Defendant knew or should’ve known statement was false. * Intentional ( could be just intention to make representation) * Reliance – plaintiff must have relied upon representation. * Loss – plaintiff must have suffered a loss...
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...against them, this is a just reason for war as people are standing together and uniting as one to get what they want which is a better life. Augustine said that a just cause for going to war was ‘defending from attack’, if human rights were violated citizens may feel attacked and under threat therefore in order to restore peace they will have to go to war as they will see this as the only sensible response. The general rule is that only those people fighting you are legitimate targets of attack. Those who are not fighting should not be attacked as this would violate their human rights. Another just cause for going to war is self-defence; the clearest just cause is acting against an aggressor, for example in an invasion, many people are patriotic and would rather die instead of giving up their country to invaders therefore will start a war as a sense of self defence. Augustine said that a just cause for war was ‘recapturing things taken’; this view can be used here as invaders would be trying to take over the country or take something which represents the country. Augustine also said that ‘punishing people who have done wrong’ is a just cause for war therefore as invaders are doing the wrong thing by invading land which is not theirs they should be punished. The just war theory can be also in a situation such as invasion as the legitimate authority will be involved and will also be...
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...which I detail first through assessment of the Bush administration’s self-proclaimed just reasoning behind resorting to war against a concept, and the alternatives available to it, I will then detail its failure in the jus in bello criteria of discrimination and proportionality, reasoning through the case of drone warfare. Jus ad bellum I shall firstly focus on the crucial jus ad bellum principle of just cause, holding the only just cause for war to be self-defence . The USA and its allies suffered unjust, unprovoked terror attacks, notably to embassies and battleships, as well as ultimately the 9/11 disaster, and further possessed reputable evidence of other failed attacks. Thus this essay acknowledges that they were under-attack from a powerful and effective enemy, which could be reliably pinpointed as Al Qaeda. These attacks were focused on non-combatants in landmark locations; deliberate targeting for maximum terror spreading effect, which further represented an attack on western freedoms. Hence the assailant satisfied neither jus ad bellum, nor jus in bello, and without immediate and effective action there existed great potential for further unjust attacks. This was the Bush administration’s argument for sufficient reason to declare war in self-defence . However, declaring a war on terror cannot be declaring war in self-defence. The Bush administration was unjustified in declaring war as they held self-defence on par with preemptive action. The USA was attacked, not by a nation...
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...A Regrettably Inadequate Defence of Abortion This essay shall examine and critique Judith Jarvis Thomson’s analogy of the sickly violinist, as it relates to the moral permissibility of abortion. I shall conclude that the analogy is ultimately too dissimilar from a general case of abortion to be an accurate representation of the mother-foetus relationship. I will further conclude that at best the analogy only provides justification for abortion in cases of rape, and when a developing foetus becomes a threat to the mother’s life. The Impermissibility Argument Much of the debate concerning the permissibility of abortion surrounds the notion of ‘personhood’, specifically whether a developing foetus qualifies as such a being. Opponents of abortion expend much energy arguing for the conferring of personhood to the moment of conception, whilst the proponents argue this would be a misclassification. One would not call a pinecone a pine tree; to label a foetus as a person is similarly inappropriate (Thomson: Page 47). Thomson argues this tact distracts from the primary concern of abortion, for even if one grants that a foetus is a person, one’s work is still ahead of them to argue against the permissibility of abortion (Thomson: Page 48). The argument runs as follows: P1: As a person, the foetus has the right to life. P2: As a person, the woman has the right of autonomy concerning her own body. P3: The right to life is more important than the right to autonomy over one’s...
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...again was worsened by Nitti's introduction of proportional representation in 1919 it seemed as though the years went on instead of Italy's political instability being stabelised the Liberals problems worsened making a wider division within the Chamber of Deputies. 1919 went from bad to worse for the Liberals as catholic party (Popalari) emerged, Liberals new support would flood in mass amounts however they also new there co-operation also looked unlikely as the Popalari deplored the Liberals policies. Added stress was inflicted apoun the liberals when the 1919 elections were a disaster they led to the Socialists and the Popalari became the biggest parties in the Chamber of Deputies this however was unconventional as neither of these parties cooperated with one other or the Liberals. 1919 seemed to be the year which Italian politics came to a halt, various prime ministers came and went with numerous failed coalitions to try and salvage Italian politics and in one more bid to save the Liberals Gioltti called for another election in May 1921 however this led to his reconisation when both the Popalari and Socialists party's strength was not weakened but increased by the elections. In the following 16 months all 3 different coalition governments lacked a majority and therefore resulting in the over confident fascists taking matters into there own hands as the other parties failed not only to gain a majority but also failed in self belief and...
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...Q. 1 What is public finance? Answer: Public finance Public Finance is the study of Government activities and how the Government finance those activities.Collection of taxes from those who benefit from the provision of public goods by the government, and the use of those tax funds toward production and distribution of the public goods. Distinction between public finance and private finances. Answer: Difference between private and public finance: these are the differences between the private and public finance. 1: Adjustment of income and expenditure: a government first prepares an estimate of expenditure and then means to raise that sum and the individual must adjust his expenditure to his income. 2: Budgeting: the unit for the public budget is one year but an individual needs not balance his budget during a given period. 3: Deficit financing: deficit financing is a peculiar privilege of government but an individual can not do it, unless he is prepared to go behind the bars. 4: Different objectives: an individual tries to maximize his satisfaction or profit from a given amount of resources but the objective of government expenditure is to maximize social benefit. 5: Publicity of finance: budgets are published and the widest publicity is given to them. On the other hand, the secrecy surrounds individual finance. 6: Coercion: a government has to pass a law and compel the citizen to pay a tax while an individual lacks the coercive authority. How public...
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...to comply/force the other side to prevent anything more to happen again. Injuction remedy – to ask to stop / reduce the movement Criminal – intentionally wanting to do it. Criminal = punishment Civil = compensation R = Regina = state Burdent & standard proof – must show no doubts of why this person is guilty. Civil claim * show the person breached the contract * show how this person breach. Prove it. Not 100% but prove that this person has promised and breached. Law of trot The few main part of Trot of negligence. 1. Duty of care 2. Breach of duty of care 3. Causation 4. Remoteness of damages Definition of Duty of care - In whatever action have taken, obligation to be taken carefully by self. Case of Duty of care Donoghue v Stevenson * privity of contract in - café * gift = no consideration * cant sue because of this reason to friend. * Manufacturer is to be in duty of care making sure that their product is clean and good that customer will not be ill etc. Neighborhood principle – these actions are taken care carefully. Morality should not be used as the main as how one interpret is different from others Obiter dicta – by the way statement Donoghue v Stevenson – neighborhood principal Traditional categories * manufacturers conserves * professional customers * road users to others Donoghue v Stevenson – established that manufacturers could...
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...that technological advancements are not always a positive thing, and technology can become too powerful for any one nation alone. The creation of the nuclear bomb was just that. Now that there is this terrifying new advancement in warfare technology, how do we stop it from getting into the hands of the wrong people? Executive summary, In this paper, I will discuss how the Stuxnet virus was used to stop the use and development of nuclear weaponry in Iran. The laws on proper use will also be discussed, exploring whether it was lawful to deploy the virus, with relation to the use of Traditional Military Activities and presidential findings. In addition, I will include documentation that reflects the right to use force, armed attacks and self-defense to help determine a reasonable conclusion of the cyber operation....
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...Humanitarian Intervention Humanitarian Intervention in Kosovo - 1999 Edmund Tan (2014461102) Introduction On 24th March 1999, the North Atlantic Treaty Organization (NATO) launched a 78 day long air campaign Operation Allied Force (OAF) over former Yugoslavia, with the intent to stop the Milosevic regime from committing human rights abuses and ethnic cleansing of the Kosovo Albanians in Kosovo. This was a significant event with regards to humanitarian intervention in recent history as it was seen as a new international phenomenon. It was the first time that a group of states intervened without the authorization of the United Nations Security Council (UNSC) and it was also the first time that NATO used military force to prevent a humanitarian disaster. This event divided the world in their support for or against NATO’s humanitarian intervention in Kosovo. Critics of the intervention felt that NATO was breaking international law in acting without the authority of the UNSC and this could have jeopardized international order should any state or group of states decide to act on their own accord in intervening in a foreign territory in the future. Supporters of the intervention argue that the war gave human rights precedence over the rights of states. According to then Czech Republic President Vaclav Havel, even though NATO acted without a direct UN mandate for intervention, they have not acted out of license, aggressiveness or disrespect for international law. NATO has...
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...101 Principles of Enterprise Architecture Principles are the foundation of your Enterprise Architecture — the enduring rules and guidelines of your architecture. They send an important message to your stakeholders — that EA recommendations are not arbitrary. Principles should enable the business to achieve their strategy and be simple, consistent, flexible, enduring and useful: One bad principle can lead to thousands of bad architectural decisions — principles must be chosen with care. Below are a few examples to inspire. General 1. Non-proliferation of Technology Technical diversity will be controlled in order to reduce complexity. 2. Compliance with Law Compliance with all relevant laws and regulations. 3. Business Continuity The enterprise will be resilient to internal and external threats. 4. Business Alignment Every IT project must be aligned with business goals and strategy. 5. Common Use Solutions Cross-silo solutions are preferred over duplicative silo specific applications, systems and tools. 6. Simple Solutions IT will be as simple as possible. Where complexity is required it will be encapsulated and hidden behind a interface that is as simple as possible. 7. Quality A minimum standard of quality will be maintained despite time to market concerns. 8. Think Globally, Act Locally Solutions will consider the enterprise impact of architectural decisions. 9. Shared Resources Solutions will seek to maximum...
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...Composition, Role and Powers of the House of Commons: * It is an elected chamber, hence enjoys democratic legitimacy. * Composed of 650 MPs, whereby each has been elected to represent a constituency. * It therefore has supremacy and the commons may thus pass any bill that they wish and the Lords may only delay it becoming law. * Executive can therefore only govern if it retains the confidence of the House of Commons. * It the executive loses the vote of confidence, it has no option but to resign and hence provoking a general elections. * Given that there are two Houses of Parliament, the system is called Bicameral. Composition, Role and Powers of the House of Lords: * It compromises of four types of Lords. * The vast majority is Life Peers, where they have been appointed to the House of Lords by the Prime Minister on his own recommendations and that of other party leaders. * While a smaller number of People’ Peers have been appointed by the House of Lords Appointments Commission. * There are 92 Hereditary Peers. * There is Lords Spiritual, the 26 Bishops of the Church of England. * However they are not elected and therefore does not enjoy democratic legitimacy the powers of the Lords are inferior to those of House of Commons. * This means all they can do to proposed legislation that they disapprove of its delay it for one year. * But they cannot do this to the budget. * According to the Salisbury Convention, they...
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...Peacekeeping By ishaan harsh Rroll.no 1279 Provision for Peacekeeping in the Charter of the United Nations The Charter of the United Nations was signed, in San Francisco, on 26 June 1945 and is the foundation document for all the United Nations work. The United Nations was established to “save succeeding generations from the scourge of war” and one of its main purposes is to maintain international peace and security. Peacekeeping, although not explicitly provided for in the Charter, has evolved into one of the main tools used by the United Nations to achieve this purpose. The Charter gives the United Nations Security Council primary responsibility for the maintenance of international peace and security. In fulfilling this responsibility, the Security Council may adopt a range of measures, including the establishment of a United Nations peacekeeping operation. The legal basis for such action is found in Chapters VI, VII and VIII of the Charter. While Chapter VI deals with the “Specific Settlement of Disputes”, Chapter VII contains provisions related to “Action with Respect to the Peace, Breaches of the Peace and Acts of Aggression”. Chapter VIII of the Charter also provides for the involvement of regional arrangements and agencies in the maintenance of international peace and security provided such activities are consistent with the purposes and principles outlined in Chapter I of the Charter. United Nations peacekeeping operations have traditionally been associated with...
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...The Maritime Strategy of China in the Asia-Pacific Region Origins, Development and Impact HUANG, AN-HAO Submitted in total fulfilment of the requirements of the degree of Doctor of Philosophy August 2009 School of Social and Political Sciences Faculty of Arts The University of Melbourne Produced on archival quality paper ABSTRACT This thesis aims to examine how and why a continental-oriented China has shifted its maritime strategic orientation and naval force structure from its coast toward the far seas in an era of interdependent international system. Generally, China is an ancient continental land power with an incomplete oceanic awareness. With the transformation after the Cold War of China’s grand strategy from landward security to seaward security, maritime security interests have gradually become the most essential part of China’s strategic rationale. Undoubtedly, the quest for sea power and sea rights has become Beijing’s main maritime strategic issue. Given China’s escalating maritime politico-economic-military leverage in the Asia-Pacific region, its desire to become a leading sea power embodying global strategic thinking means that it must expand its maritime strategy by developing its navy and preparing for armed confrontation in terms of international relations realism. Conversely, Beijing’s maritime policy leads at the same time towards globalization, which involves multilateralism and strategic coexistence of a more pragmatic kind. This research...
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...Sovereignty and the nation state had been an important aspect of the international legal order since the creation of the Westphalian state . It had been described as the independent and unfettered power of a state within its territory and had been the foundation of interstate relations and world order, for centuries . It became even more important in a post-colonial world. Indeed it was accepted by the International Court of Justice(ICJ) that the raison d'être for de-colonisation is the principle that people or nations have a right of self-determination . The newly decolonised states considered an intervention rule to be contrary to the right of self-determination as it would give powerful states the authority to interfere in their affairs...
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...INTRODUCTION This assignment endeavors to discuss in detail; (i). the circumstances under which words threatening violence may constitute a tortuous assault. (ii). How the victim’s consent may defeat an action for battery. It is thus arrived at with the aid extracted from works of various renowned scholars, judicial precedents both binding and persuasive, and the legitimate Acts of parliament as well as, the student’s module which is a guide to the course outline. Assault and battery are considered as a single offence under criminal law. However, tort law insists on taking them as separate offences and considers their distinction very essential. Assault is the act which creates fear for potential battery. In other words it is the very act that will lead the victim to apprehend an immediate violence of a battery, while battery is the actual infliction of unlawful force onto the victim. It follows therefore that where “X” stones “Y” but misses, constitutes an assault, the actual physical contact on “Y” becomes a battery. Both assault and battery are deemed and considered to be intentional torts. Meaning that, the defendant intended to cause the plaintiff to apprehend. The wrongful touching need not to inflict physical injury .That wrongful contact may as well be indirect (such as contact through a thrown stone; or spitting). ASSAULT An assault involves; • An intentional, unlawful threat or...
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