However, even as Europe was rapidly developing a set of legal concepts and frameworks that served to coordinate and integrate its disparate commercial law systems, European colonialism required the development of legal systems that could adapt and deal with the particular needs of far-off colonies. In general, colonizers attempted "to impose legal systems intact," but in the case of the Americas (and elsewhere) this proved largely impossible, as unforeseen situations meant that colonists themselves had to develop their own legal systems and concepts, frequently drawing on the legal thought of their home country but including novel developments that changed the shape of commercial law (Benton, 2002, p. 2). Furthermore, simple geographical distance meant that colonizing countries could not effectively enforce their own laws, allowing the colonies themselves much freer reign to develop their own schools of legal thought (Klein, 2005, p. 170). Thus, at the same time that Lord Mansfield…… [Read More]
International commercial law is summative to many other laws representing state affairs in the nationals involved throughout the world. The existence of the international commercial law is perceived to offer an equitable allowance to master and cater for differences and collide of ideas among people and organizations from all over the world. Nonetheless, the regime of carrier's liability under the Hamburg ules is far more stringent than that under the Hague-Visby ules. The Hague-Visby rules and Hamburg rules are coordinative of the international business. International businesses involve commercialized activities and procedures that require legal justifications. As with the regime of carrier's immunities, the two domains of legal structures are reflective but offer differing magnitude of analysis and subsequent explorations
The contract of carriage of goods through the sea is between the owner of the ship and the shipper. The bill of lading is responsible for generation of terms and conditions…… [Read More]
Zamir (2007) states "is one of the most litigated sections of the convention. Under it the buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it. In practice the requirement for a reasonable time has been read narrowly and inspections of the goods should be made in a very timely fashion. The buyer may also fix an additional period of time of reasonable length for performance under article 47 but, unless he has received notice from the seller that he will not perform within the period so fixed, he may not resort to any remedy for breach of contract during that period, although he is not deprived of a right to claim damages…… [Read More]
Incorporating issues such as corporate governance, migration of companies, competition policy, social policy, tax policy and doing business with the public sector, EU commercial law examines each from the perspective of cross-border corporate management.
For example, the issue of competition is crucial to commercial law in the EU. According to Trancs: "The source of laws governing competition for the EU is embodied in the Treaty on European Union, as amended by the Treaty of Amsterdam, signed on Oct. 2, 1997. Article 81 of the treaty governs agreements between, or practices of, two or more parties acting together that have as their object or effect the restriction of competition in the EU. Article 82 governs abusive business conduct of a single party in a dominant market position."
EU competition laws apply wherever the conduct, agreement, concerted practice or abuse of dominant position could potentially affect trade between member countries (Trancs, 2000).…… [Read More]
Commercial Contract Law to Increase Oil Investment in Kuwait
When it comes to the industries of natural resources and energy, the law of investment protection is particularly of great concern. According to the statistics of July 2013, it was revealed that 25% of the cases that have been registered with ICSID have addressed the issues concerning gas, oil and mining sectors. Moreover, another 12% of the cases are relevant to other energy sectors that include electric power.
Investments in the energy sector, including oil, are usually very capital-intensive as well as long-term in nature. Moreover these investments are regulated at the greatest levels, and are of concern for the public, since valuable resources are involved along with the essential services. These are the main reasons why such investments are extremely vulnerable to national and governmental interface. The aforementioned attributes of investment in the energy sector increase the possibility of conflicts…… [Read More]
Jurisdiction and Applicable Law
The first issue that arcelo faces concerns which nation's law governs the contractual rights and duties between himself and George. ecause this was an international voyage between England and Spain, and because the contract appears to involve English and Spanish parties, the question is whether the parties' rights and remedies are supplied by English or Spanish law. Although maritime law is primarily governed by international treaties that create uniform rules across national boundaries, there still could be legal differences between England and Spain on crucial issues. Moreover, the correct forum for the dispute could be determined by the answer to the choice-of-law question.
As a general rule, the terms of any charterparty and bill of lading are governed by the law chosen by the parties. This rule emerges from the funamental princple of all contract law that the governing law should be determined by the same…… [Read More]
Businesses and the Law
Commercial, criminal, and civil laws are important for all a new business just starting up. In fact, a business has to be very careful in regards to how it navigates around legal standards and laws that could lead to detrimental consequences if broken. As JOE Sports Store opens on campus, it faces unique legal issues, regarding both traditional civil law and additional regulations placed by the university since it is located on campus.
First and foremost, JOE Sports Store has to comply with federal and state laws regarding its operations and behaviors. The biggest concern here is how the business pays and treats its employees. Employment law is a major field of commercial law, and covers issues of advocating lawful work environments and pay structures for employees. Ultimately, this means that the company will have to pay employees at least the stated minimum wage,…… [Read More]
Commercial Use of Michigan Groundwater
Appropriately named the "Great Lakes State," Michigan is the only state whose borders lie completely within the world's largest system of fresh surface water, the Great Lakes basin, which constitutes 18% of the world's water supply.(4)
Traditionally, Michigan has relied primarily on "riparian" rights analyses derived from English common law to regulate the commercial use of its largest natural resource. Since riparian concepts focus primarily on the relative rights of competing users of surface waters, there has, until very recently, been comparatively little regulation of the underground springs or aquifer system which feeds the surface water system, or of the rights of the state to control removal of water resources for use or sale elsewhere.
On November 25, 2003, Mecosta County Circuit Court Judge Lawrence Root issued a lengthy opinion that finally addressed the problem and defined many of the issues under the laws of…… [Read More]
Commercial helicopter industry is clearly a growth industry. The numbers and kinds of uses that have been found for the industry and all its players are vast and will likely continue to grow in both diversity and number over the next 50+ years. Currently the commercial helicopter industry provides services for thousands of private, corporate and often civil organizations and individuals ranging in diversity of task from land and wildlife surveys to pleasure viewing. The industry answers the call for disaster relief, firefighting and many other important public tasks as well, often contracted through private industry helicopter companies for those who do not wish to or do not have the means to support independent fleets of their own. Yet, increasingly there is a shortage of qualified pilots to fly the existing helicopters both nationally and internationally.
The basic change was one that was expected by the industry but has not…… [Read More]
Commercial & Current Trends
Commercial Risk Management
Commercial interest in risk management is on the rise. Employers wish to hire healthy employees to cut absenteeism and productivity issues. Lenders want borrowers with long, productive lives. Advertisers, marketers, and drug companies seek to tailor material to target healthcare providers and patient populations. Health insurers want to avoid high risk consumers. Educational institutions seek students with the greatest potential. lackmailers attempt to extort payments from ones with the greatest potential harm from disclosures. People dating want to obtain information on a lover to evaluate health and longevity (Hoffman, 2007).
There is a significant up trend in client losses linked to security breaches that release personal identifiable information (Kelly, 2007). With the economy in a recession, more and more consumers are unable to pay bills. These issues are causing huge losses for companies and consumers that have to pay the bills and absorb…… [Read More]
For example, the 1984 British government committee report suggested that "it is inconsistent with human dignity that a woman should use her uterus for financial profit and treat it as an incubator for someone else's child," in part because this threatens to undermine the traditional belief in an inviolable mother-child bond.
Opponents who criticize commercial surrogacy from this perspective frequently attempt to differentiate between commercial surrogacy and "altruistic" surrogacy, in which a surrogate carries a child without a fee, but this distinction is merely nominal, because the lack of an explicit payment structure does not make the decision to become a surrogate any less transactional, and furthermore, the potential for exploitation exists in either case.
Before considering how the law actually treats surrogacy, then, it is becoming clear that a general prohibition on commercial surrogacy represents a kind of undue restriction on the personal and financial autonomy of women, because…… [Read More]
The combination of such broad language and the paucity of any significant enforcement tools meant that these initiatives were largely ineffective.
Not surprisingly, complaints from passengers increased by 200% within the year; furthermore, flight delays continued to increase 12% faster in the first five months of 2000 than in the same period in 1999. "Indeed, in the twelve months following the airlines' voluntary promises, flight delays cost business travelers 5 billion dollars and 1.5 million hours" (osenthal, 2002, p. 1859). The number of delays caused National Business Travel Association Executive Director Marianne McInerney to conclude that "[w]e are at a point where our nation's airline system is in need of triage" (osenthal, 2002, p. 1859). Some observers would suggest that radical surgery is required rather than triage, and these issues are discussed further below.
Security Issues and Passenger Satisfaction. When people travel on an airline, they have a legitimate right…… [Read More]
The way that the director deals with the response of the various characters to the disaster is also filled with psychological depth and intrigue. The film also deals with the way that people respond to situations of life and death. Others would argue that the depth and intellectual range of a film like Titanic is not nearly as intensively "artistic" as Wild Strawberries. In other words, the suggestion is that there is an intrinsic difference between these two films.
On the one hand I would agree that Wild Strawberries is much more complex and "artistic" film than a commercial film like Titanic. One of the reasons for this view is that Wild Strawberries demands a much more intensive response and is more thought-provoking than Titanic. On the other hand one also has to acknowledge that Titanic has moments of depth and insight, even though it is a more popular and…… [Read More]
Corporation Transactions and Misrepresentation of Financial eports
Business law also called commercial law is a branch of civil law that governs business as well as, commercial transactions, and deals with both the private and public law. The branch created to ensure that, they are no exploitation and manipulation of people as well as rules and regulation in order to benefit some members of a business. This means that should one break or manipulate the rules and regulation in his favor. The or she must face the court in accordance with the law. With legal rights of all investors considered as an important element of the business law, we examine the board changes within the filling of the shareholder derivative lawsuits and might not be frivolous. Also, lack of highly competent employees within a business can lead to tremendous losses and to some extent closure of the business in accordance with…… [Read More]
Rule of Law and Extra-Legal Doctrines
The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…… [Read More]
trade libel is fair to business owners. Argue both sides of the issue.
From the general public's viewpoint, the definition of trade liable is accurate. This is because the store detained someone they accused of shoplifting. To determine where the stolen item was hiding; they effectively conducted a strip search by revealing private areas. At one point, Cockrell (the plaintiff) had to remove a bandage that was use to cover a recent scar from a liver transplant. He asked security not to remove it and they insisted. This is a clear violation, as the security at Wal Mart has no right to conduct these activities. Instead, they should have detained the person and contacted the police. (Statsky, 2011)
Wal Mart will argue that shoplifting is a major problem and they were following proper procedures. This occurs by bring the subject into an isolated area and checking them. After they have…… [Read More]
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.
Conceptually, civil law is a group…… [Read More]
Commercial and Government Contracting
The Differences Between the Formation of Commercial and Government Contracts
When a business moves from the commercial contracting marketplace to the government procurement world it must ensure a clear understanding of the specific rules and regulations to which it will be a party (Manos, 2004; Oyer, 2005). There are inherent risks in working with the government, but businesses that are careful with what they do can mitigate those risks and manage them effectively and efficiently (Barnett, 2003). There are four distinct areas where government and commercial contracting differ, and these are: kickbacks, false statements, false claims, and antitrust issues (Murphy, 2005; McKendrick, 2005). It is important to address all four of these in order to ensure that the differences between the two types of contracting are more easily understood.
In the commercial market, kickbacks are not illegal. For example, a subcontractor can offer to kickback a…… [Read More]
A comparison of Law Enforcement with Other Professions
Who first comes to mind when you think of a 'Leader'? Is it Alexander the Great? Napoleon? Winston Churchill? Gandhi? Leadership is an interesting phenomenon to consider, from the perspective of civilization, of nations, of political change, and of history. What makes one person a leader while another tries and fails? What is a good leader and how is that different from a 'great' leader? The definition of leadership also varies with the context and with the individual who is defining leadership. The nature of leaders has changed as civilization has evolved, and the leaders we as a society need today may be different from those of a century ago. A national leader is distinct from a local leader, a oy Scout leader, or a team leader in a sport.
Thus, definitions of leadership vary with the situation. However, they include…… [Read More]
Australia's Corporation Act 2004
Australia Corporations Corporation Act 2004
The purpose of this research is to investigate the Corporations Act 2004 (Cth) in relation to the protection it provides for investors of non-profit corporations. Through research of the Trade Practices Act, current case law and the Australian Investment and Securities Commission provide an overview of what has changed in the regulations for corporations in Australia in 2004 thus far.
Australian Supreme Court sated in 2003 that: "the governance of corporate entities comprehends the framework of rules, relationships, systems and processes within and by which authority is exercised and controlled in corporations." Australia has recently implemented new regulations which, enhance and harmonize corporation law.
The alignment of the regulations with elements that are known to be those of a competent and responsible board of directors in view of strategy determination, performance review, risk management, internal control regulation and reporting to shareholders…… [Read More]
Governing Law and Forum Selection
Boilerplate Language in International Contracts
USA-Brazil Trade: ules of Trade
Other Important Agreement and Laws Governing U.S. and Brazilian Trade
Comparison of Arbitration in South Carolina and Brazil
Conflicts arising out of contracts between international trading parties are on the increase with the rise and increase in international business and international trade. The courts that would hear and decide matters related to business conflicts between trading partners would look to the express terms of the contract as well as the applicable law within which the contracts have been formed and agreed upon by the two parties belonging to two different countries when one party considers the other party's actions to be a breach of the contract. The legal contract and the contents of the contract would be the basis on which courts would decide in arbitration cases and in cases…… [Read More]
ADA & Section 504
The author of this report is to answer two main questions when it comes to the law and its application. The first broad question relates to how IDEA, IDEIA, Section 504 and the ADA overlap to a fairly significant to degree. However, less focus is placed on Section 504 and the ADA a lot of the time and the author has been asked to highlight areas of those two laws and regulations that are significant as compared to IDEA. Second, there will be the description of two significant issues that relate to case law and overall court proceedings. The gist is that oen must ask which students are protected. egardless, there are concerns about things like placement, planning issues, evaluations, litigation and regulatory enforcement. While the enforcement of disability-related laws may seem cut and dry, there are some perceived gray areas and situations and there needs…… [Read More]
Unconsented Facebook Behavioral User Research
Facebook's 2012 involvement in a behavioral experiment on a series of its unknowing users
There is much controversy with regard to Facebook's role in a scandal involving users being followed and exploited. The company is responsible for performing a study where 689,003 individuals on Facebook were manipulated in an attempt to determine how particular ideas influenced them. These respective users were divided in two groups: one of them was provided with news feeds containing positive information while the other was provided with news feeds containing negative information. As a consequence of the experiment, analysts determined that the first group was more likely to make positive posts while the second was inclined to post negative ideas.
Facebook's attempt to interfere with people's lives and analyze how this affected them raised a series of questions:
as this experiment ethical?
as this experiment legal?
To what…… [Read More]
Comparative Law and Business
A company has decided to expand its operations to another nation. The company is involved in information technology (IT) and is headquartered in Malaysia. The desire is to grow assets by beginning operations in Thailand. The fact that these are two separate countries makes the transition difficult, but it complicated by the fact that the two nations have different sets of laws which govern aspects of the transfer, and of the continuing operation of a Malaysian company in Thailand. Of primary concern is the contract law which exists in Thailand, and how those statutes direct a foreign company within Thai borders. It is the wish of the Malaysian company to maintain control in Malaysia not only for the company, but also for the settling of disputes. Since there are two different sets of laws that may govern a dispute, it is imperative that any potential…… [Read More]
ole and Functions of Law in Business and Society
The relevance of law and order in both business and society cannot be overstated. In this text, I address both the functions as well as the role of law in business and society. In so doing, I will also state the primary role played by law in my present job industry.
In basic terms, law permeates almost every facet of our daily lives. To properly highlight the role law plays in business and society, there is a need to first define the term law. It is important to note from the onset that law as a term does not have an assigned definition. In that regard, scholars and legal experts have over time attempted to define law by floating various definitions of the same. One of those who have attempted to define law is William Blackstone. According to Mann and oberts…… [Read More]
Australian Consumer Law (ACL) is a broad-based law the impacts both businesses and consumers. The ACL represents a unified codification of a variety of prior product liability laws. In fact, one of its main benefits is that the law is applicable throughout Australia. Another major component of the law is that it imposes a strict liability standard on manufacturers and suppliers of goods, which was not a uniform standard prior to the introduction of this law. This is a relatively new law; the need for it was identified in 2009 after a Productivity Commission reviewed existing consumer protection laws and found glaring inconsistencies, which made it difficult, if not impossible, to enforce those laws that did exist.
Perhaps the greatest change to the law is that the ACL is now a strict liability law. Strict liability "means that a breach may be committed without negligence" (The FindLaw Team, 2012). In…… [Read More]
In business law, one of the ways that disputes are resolved is through going to court and presenting evidence to the judge about each party's position. They will render a verdict and award a judgment based upon case precedent and their interpretation of the law. To fully understand what is taking place requires carefully examining one case that is occurring. This is accomplished by: studying the citation of the case, facts, issues, the court's decision and legal reasoning. Together, these elements will highlight how this is affecting the way various statutes is interpreted and how the rule of law is enforced.
Citation of the case: The court case took place in Maricopa County Superior Court in Maricopa County, Arizona. The name of the case that was decided is Moray vs. Toyota Financial Services. Its case number is CV2012-097376. The time of the hearing took place at 10:30 AM…… [Read More]
Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).
If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…… [Read More]
The court easily could have come to a contrary result, given that it denied most of the allegations of the plaintiff, other than the specific contention that the nature of this specific advertising was particularly inconsistent with state educational statues and school board policy. Even the plaintiff conceded that advertising in the form of school vending machines, yearbooks, sports scorecards, etc. had long been tolerated in schools, and would continue to be tolerated.
Question 2: What guidelines may administrators who are considering potential educational uses of commercially driven Internet technology draw from the above opinion?
The guidelines for school administers regarding advertising thus remain blurry. Video advertising is acceptable, but not the type of video advertising on Channel One. Regarding Internet advertising, it would seem that using the Internet to research material on websites where advertising may appear would be analogous to the permissible practice of taping programs from the…… [Read More]
com" from an Internet host in Maryland to a host in New York.
The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Thereafter, Novak appealed the decision in the Alabama case successfully and then filed an action against Tucows for illegally depriving him of his property by conversion. Tucows' defense to the action relied on a clause in their contract with Novak that specified a Canadian forum to resolve any disputes but Novak argued that an automatic process of "clicking through" a contract could not hold him to a forum selection clause that was not negotiated specifically.
Is a party to a contract held to a forum selection clause when that clause was not subject to a negotiation?
The process of "clicking through" is commonly accepted…… [Read More]
Otherwise, employers need no specific reason or excuse to terminate at will employment "at will." Even at will employees probably have legal recourse if fired for refusing to obey a law, but in this case, the "urging" did not have legal authority, so the issue is moot.
3. The Sherman Antitrust Act and the Clayton prohibit such "tying" arrangements where the entity maintains extensive control of product supply. Federal antitrust laws are administrated by the Department of Justice and the Federal Trade Commission 4. The Equal Protection Clause (applied to the states through the Due Process Clause) prohibit such a firing of employees based on their religious affiliation or their specific religious practices. But refusal to comply with perfectly legal directives of the employer is not religious discrimination; it is dismissal for cause.… [Read More]
Acquisition Law on the Motorways
According to the Uniform Commercial Code (UCC), the sales transaction of a $60,000 Corvette automobile is a valid agreement to contract based on the material term of the bargained for exchange, with definite terms of recovery where not fulfilled by both parties. Definition of the contract as 'formal' is assumed here, yet other negotiable instruments and letters of credit may be involved where the Buyer stipulates inclusion of a third party lender in support of payment on the contract to the Offeror in full. The unknown factor related to the third party terms and enforceability is included as mention, rather than rule due to omission.
The UCC stresses bilateral agreement over unilateral promise, delineated by "manner of acceptance," in that it states that "the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing…… [Read More]
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.
The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [Read More]
Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" (Common law, 2008, law library). The law evolves with custom and interpretation, rather than remains fixed in stone.
Common law may be contrasted with civil law, which predominates in France and has had less influence on the law of the United States, except in Louisiana. Louisiana judges, unlike their common-law counterparts, are not bound to consider judicial precedent first, but may do so as an option. France exported the system of civil law to America when it established Louisiana as a colony in 1712. Even today, "the first article of the Louisiana Civil Code reads: 'The sources of law are legislation and custom' (LA C.C. Art. 1). This means that judges in Louisiana are obligated to look first to written laws for guidance in reaching their…… [Read More]
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.
Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).
Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.
Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]
Moreover, it is highly unlikely that such a clause would apply in the case of a tort dispute, because the likely plaintiffs in a tort lawsuit would be people who were injured by a misuse of the Technology, rather than any party involved in the contract negotiations. When there is no choice of law provision, the courts look at several different factors to determine which law to apply and whether a court has jurisdiction. In contract disputes, the courts look at the place of contracting, the place where the negotiating took place, where the contract will be performed, the location of the subject matter, and the citizenship and place of business of the parties. In tort cases, the courts look at where the injury occurred, where the conduct causing the injury occurred, citizenship and place of business of the parties, and the place where the relationship between the parties occurred.…… [Read More]
Tort / Business Law Questions
Chapter 24 Product Liability: Warranties and Torts
The issue in this case is whether or not Maria Gonzalez and/on behalf of Angel would recover in a lawsuit against either Morflow or Robertshaw, alleging defects in the design of the water heater and failure to warn. The law of strict liability states that one who sells any product in a defective condition unreasonably dangerous to the user or consumer is subject to liability for physical harm caused to the user if the seller is engaged in the business of selling such a product and it is expected to or does reach the customer without substantial change in the condition in which it was sold. Failure to warn or give adequate directions involving an unreasonably dangerous product may provide grounds for strict liability, even where the product is not defective. In this case, both Morflow and Robertshaw…… [Read More]
Punitive Damages in Law
Punitive damages, which are also known as exemplary damages, are damages that are separate and in excess of the compensatory damages awarded to a plaintiff in a legal suit that is the result of some type of misconduct by the defendant. Punitive damages are intended to serve as a punishment for the defendant.
Punitive damages are not based on a victim's injuries. Instead, they are a way to punish the defendant for some type of negligence. Punitive damages are seen in cases where behavior that is so excessive that a civil court penalty is needed to deter the defendant from committing the same negligence again. For example, if a doctor practices without a license and botches an operation that disfigures a patient, the plaintiff may ask for punitive damages to penalize the doctor.
It is difficult to predict how large a punitive damages award will be,…… [Read More]
History Of the estern Law
Meaning - in legal terms - for nations to "stay the hand of vengeance"
Justice Robert Jackson, while delivering his opening speech in November 1945 during the infamous Nuremberg trials for war offenses, enjoined the leaders of the Allied forces to "stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law" (Bass, 424). According to Jackson, doing this would be "one of the most significant tributes that Power has ever paid to Reason." The combining factor in the winner's retribution in events like the botched trials at Constantinople and Leipzig after the first orld ar, the orld ar II Nuremberg trials, the Napoleon story and the on-going trial of the rulers of the Slobodan Milosevic's empire all point to an appreciation of the legal sector which has been well defined as "fixation on a process, a sense that…… [Read More]
International commercial arbitration has been helping the international trade and commerce by being mediator in the occurrence of disputes. To know and learn of its powers, duties, and jurisdiction is essential to parties concerned in arbitration in the event of resolving disagreements.
This paper aims to provide information on International Commercial Arbitration. The powers, duties, and jurisdiction of the organization are included in this paper. Also, we shall examine in this paper the procedural aspects prevailing in the international arbitration, specific issues, as well as court proceedings. Part of which, being a judicial body, is the discussion of the basic and fundamental approach of laws of most governing arbitral institutions.
In events when business parties from different countries have disputes concerning commercial problems, litigation process often leaves them in expensive and frustrating procedures of finding international courts to resolve their cases. Unfortunate sometimes, the judgment imposed by courts is…… [Read More]
In this particular case all three apply, because the Lloyds would take advantage of the age of the elder undy to exert pressure on him to sign the note.
Description of How the Law Applied to the Facts
The court applied four factors of the law to this case these include: that terms of the agreement were unfair, there were undue amount of pressure exerted, undy's bargaining power was severely limited and there was a lack of having independent financial advice. Together, these different principals of the law would lead the court to determine that an inequality of bargaining power existed. Under these different areas, undy was not of sound mind to make an accurate determination as to what was the right decision. Under the principals of English law, one is not obligated to agreements that were made without independent financial advice and there was property that was transferred. In…… [Read More]
United States has had varying sales laws across its states thus making interstate sales contracts difficult to initiate and monitor. In this regard, following the increasing complexity of these contracts, attempts were made to create a multidisciplinary body of regulations regarding business transactions; this led to UCC's formation in the 1940s. Therefore, this paper highlights scenarios where the regulations outlined in the UCC are applicable.
Maurice Suing the Developer
Merely because the developer plans to adjoin his property with Maurice's does not make Maurice liable to sue him. By acting upon the developer's claim, Maurice is likely to sue for reliance; the promise that once the developer's property comes next to his, he will reap benefits but the developer changes his position. Maurice's reliance is not reasonable since he never had a contract with the developer; by the basis of adjoining his property with Maurice does not make the developer…… [Read More]
criminal justice. Each question must be 300 words long.
Identify the requirements for the insanity plea in your jurisdiction and contrast this with the M'Naghten standard, the Brawner standard, ALI standard, and the Durham rule. Identify similarities and differences. Support you response with examples from your research and reading assignment.
In the 1843 case of the United Kingdom House of Lords Decisions of Daniel M'Naghten's, the court determined that an insanity plea to would hinge on whether the defendant knew what he was doing, or, if he did know what he was doing, did he know that it was wrong. In 1972,the U.S. v. Brawner case in the D.C. Circuit Court of Appeals determined not to involve the jury in the determination of the defendant's mental state. This decision was grounded in the ALI test of a Model Penal Code. The Brawner rule overturned the Durham Rule, which was overly…… [Read More]
If a person to whom a ring is given can prove all three of these elements, then a court is likely to deem the ring to be a gift. Thus Heathcliff would have no claim to the ring at a future date in time.
"Alternative Dispute esolution - Guide to Alternative Dispute esolution Law," 2010, viewed 25 August 2010,
"Australian Family Law," 2010, viewed 25 August 2010,
"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja>
"Lecture Five: Principle of Precedent," n.d., viewed 25 August 2010,
"Marriage Act,"1961, viewed 25 August 2010, < http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/cth/consol_act/ma196185/s111a.html?stem=0&synonyms=0&query=s111A>
"Top 2 The Australian Legal System," n.d., viewed 25 August 2010, < http://www.scribd.com/doc/36157559/Topic-2-The-Australian-Legal-System-20209>… [Read More]
Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions.
Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected.
VIII. Fraud…… [Read More]
To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato (MN) women's shelter because (allegedly) they refused to fit into the sexually charged atmosphere created by a few staff members." (Lang, 1) the clarity of motives for their collective dismissal aligned the decision directly with Title VII.
Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim. Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…… [Read More]
Unlike Baxendale, there were no special circumstances outside of the normal business considerations that would have required specific communication to the contractor as to the nature of potential losses to Jose arising from a completion delay. Ordinary knowledge would have been sufficient for the contractor to know that his delay would also delay the opening of the cafe. The lawyer advised Jose that Jose was liable to the contractor for the rest of the contracted price of the work the contractor performed minus the lost profits and other direct damages Jose could establish. Jose had no other damages, but his business records did show lost profits of $7,500. Jose agreed to let the lawyer contact the contractor and offer to settle the outstanding claim against Jose through a payment of 2,500 to the contractor, representing the balance of the contracting work minus Jose's lost profits.
Jose mentioned that business was…… [Read More]
com/html/HotLinks_LemonUCC.html).Therefore the law allows an assumption on the part of the buyer to believe that the vehicle is free from defect unless that defect has been disclosed prior to purchase (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html).
The UCC mandates with regards to Lemon Law provision allows a buyer to reject a purchased vehicle and break the financial agreement if the vehicle is found to be defective within a reasonable time period from the purchase.
The time period that is considered to be reasonable is not clearly defined by the UCC however, it provides time for the buyer to take possession of the vehicle and have it inspected for defects by another party.
The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html)."
In the named…… [Read More]
The June 2010 change to the manner in which dividends were deemed payable shifted the requirement from a measure of profit to a balance sheet-based formula in which dividends were only payable if assets outstripped liabilities, essentially.
This is, according to the facts of the case as presented, the only reason the dividend payment might be considered insolvent trading or otherwise contrary to the legal and financial constraints of the company under current Australian law. As the error was again solely the fault of chief financial officer George, the directors incur no liability in this instance.
As described above, the board of directors at Hampton Park Pty, td. incurred no liability in this case as they relied on information provided by a competent and informed employee in the person of the company's chief financial officer, George, which legally absolves them of liability in this case.
Whether or not…… [Read More]
Labor and Employment Law
Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).
The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013).…… [Read More]
It in this manner, therefore, that mediation is preferable.
OLE of MEDIATO in the INDUSTY
Acting as a bridge between the parties, the mediator, arbitrarily, assumes either a purely facilitative role in which he restrains himself from interfering, or serves as an evaluator where he evaluates the nuances of the case and recommends a basis for settlement. However -- and this is where mediation differs from arbitration -- the mediator is limited from mandating a particular outcome which causes the mediation process to manifest itself as inherently non-binding 14.
A creative mediator practices extremely acute listening skills in order to tease out the interests that are most important to each party. To that end, he or she will identify different preferences amongst the parties and design a package where each party receives what it values most and concedes what it values less than the other party.
Focus will be…… [Read More]
Business and Employment Law
Business Law and Labor & Employment Law
Employees are classified in different categories. Federal and state law does not explicitly define the categories, but employers generally categorize employees on the basis of duties performed, number of hours worked, and duration of job. Accordingly, employees fall in three main groups: permanent (full-time), part time, and temporary employees (PayScale, 2009). A permanent employee is an employee who works a typical work week for an indefinite duration, while a part-time employee works fewer hours than the typical work week. Temporary employees may work full-time or part-time, though for a definite period of time. Though federal law does not define the above categories, the Fair Labor Standards Act (FLSA) classifies employees as either non-exempt or exempt employees (Society for Human esource Management [SHM], 2014). The former denotes employees whose work is covered by FLSA and who are subject to overtime…… [Read More]
The Food and Drug Administration has not made full use of even the meager authority granted it by the industry-friendly 1994 Dietary Supplement Health and Education Act (DSHEA)… Because of inadequate quality control and inspection, supplements contaminated with heavy metals, pesticides, or prescription drugs have been sold to unsuspecting consumers. And FDA rules covering manufacturing quality don't apply to the companies that supply herbs, vitamins, and other raw ingredients" (More dietary supplement, 2010 redOrbit).
Law 3: Picture-based warnings on cigarettes
Unfortunately, much like calorie counts on the back of food products, consumers have shown themselves to be all-too-apt to ignore written information the back of packages, even if the information can save their lives. To remedy the tendency of consumers to ignore written information, many nations (including Canada) have begun to require cigarette companies to use photographs that illustrate the dangers of smoking, to more vividly underline the dangers of…… [Read More]
At some institutions, loans of this type were actually called "liar loans" by brokers, a reference to the obvious fudging of information they represented (Markels 2007).
A substantial portion (if not a large majority) of new home purchases during that time period involved a fraudulent practice of dishonestly inflating the income and financial health of prospective purchasers. In many instances, the real estate brokers and mortgage brokers precipitated this type of falsification of credit worthiness to facilitate high-commission-generating transactions. They stood to profit without any corresponding risk by virtue of the fact that any risk of default on the initial mortgage obligation would be shifted to other lenders and to investors in stocks connected to the value of mortgage securities on Wall Street (Lowenstein 2007). Even worse, during the process of loan negotiation, many homeowners were encouraged to inflate the appraised value of the property for the purposes of maximizing…… [Read More]
In the case of United States, Article 9 of the Uniform Commercial Code provides for practically all types of security agreements for owned property that are both for own use as also for commercial purposes. This type of agreements includes fixtures which mean personal property that is attached to the property, and the ready example can be a water heater. This does not include other liens taken on the property like the lien of a mechanic are not covered by this act, but are covered by the individual laws that govern them. There is also a statute of frauds and that requires a security agreement to be in writing for it to be valid, unless the property has been pledged for getting the loan. This sort of a pledge takes place when the borrowing party shifts the collateral to the lender of money in exchange for the loan that he…… [Read More]
Any good that is purchased from Amazon via the internet is governed by Article 2 of the UCC. Buying a CD from this site would constitute buying a good. When the Amazon site puts a good up for sale then they are making an offer and when a person agrees to buy that good they are accepting that offer. This transaction would fall under the proposed new UCC § 2-204(4) because it is a transaction done via the internet. In this transaction I had the choice of refusing or taking feat that in order to use the electronic agent to conclude the transaction or to designate acceptance of an offer, in spite of other expressions or actions by the person to which the electronic agent cannot respond.
Once I ordered the CD the merchant had a responsibility of good faith in its performance and enforcement of the contract by providing…… [Read More]
MEDIA LA: Argue Against: Discuss 1st amendment implications Family Prevention Tobacco Act 2009. Are tobacco
The Family Prevention Tobacco Act of 2009 was one of the more controversial pieces of legislature passed in recent times, for the simple fact that it gave a great deal of authority to the Food and Drug Administration to limit the effectiveness of the tobacco industry and its various companies to sell its products. There are multiple components of this legislation, which encompass various aspects of sales, advertising, inspections and registration of new products on the part of manufacturers. Among the many points of dissension that individual and collective entities within this industry claim regarding this legislation is that it limits their First Amendment right of freedom of speech. A thorough examination of the spirit and the lettering of this act, however, reveals that of its many different components, only one (that pertaining to advertising)…… [Read More]
Of particular focus is the situation of the deployment of forces in a case of national security such as the floods and fires which have affected the territory of the United States. In these situations, volunteers and reserves are also part of the intervention forces, aside from the police patrols. More precisely, in the most recent floods from Iowa the help of ed Cross volunteers were asked for in order to be able to resist the natural disaster and in time to rebuild the territory. A similar situation occurred in New Orleans as well when non-specialized aid was asked for because the police was overwhelmed by the situation. However, it can be said that in situations such as these, the discussion is no longer related to the issue of law enforcement but rather to that of human solidarity. Nonetheless, the presence of volunteers and reserves is crucial in such moments.…… [Read More]
international sex tourism has been a worldwide curse for a long time, the last few decades witnessed great surge in its practice as the effects of globalization, poverty and consumerism spread while advancement in internet caused an increase in travel opportunities. The racist fantasies and unusual interest in sexual activities in the developing countries along with poor law enforcement have made way for sex tourism. Though some may have exaggerated the magnitude of this immoral industry, more than one million children are trapped inside this trade every year (Vrancken and Chetty, 2009).
The 1904 Paris Agreement for the Suppression of the White Slave Traffic (1904 Agreement), the first of its kind, aimed at protecting female children and others who were forced to go abroad for sex trade. It operated through border watching, supervising agencies and repatriating or employing the girls (Vrancken and Chetty, 2009). Then other national and international laws…… [Read More]
The new law has prosecuted 426 traffickers in 203 cases. These traffickers had 844 victims in that year alone. This law imposes penalties from 10 years imprisonment to life imprisonment (Kyodo).
Myanmar: Effective or Not?
The capacity of the national government in fighting the problem of human trafficking has been limited (UNODC 2007). It is particularly limited in implementing policy changes in remote areas where traffickers operate. Anti-trafficking groups are looking into the situation. The UNODC addresses the issue by implementing projects and participating in partnership initiatives in the country. These projects and initiatives include increasing public awareness of the problem, provision of technical assistance for the law enforcement sector and the judiciary, greater and easier access to service providers and enhancing their capabilities (UNODC).
Reports say that Cambodia is a source, transit and destination country for human trafficking (HumanTrafficking.org 2009). Human traffickers consist of organized crime syndicates, parents,…… [Read More]