This in turn resulted in the job loss and financial erosion. Moreover, his friend John was killed in the accident. Peter faced more problem from his insurer as it denied the payment of insurance money for his car damage, hospital / medical expenses/ medical expenses of his wife Maria and compensation for John as claimed by Andrea, wife of John. John’s wife and Solicitors acting on behalf of other driver sent formal notices for contemplating legal action against him for his act of negligence. In addition, the Police have filed a charge sheet making him liable for manslaughter, reckless driving and driving with out negligence. However, according to Peter’s version, he was not responsible for the accident as the other driver was involved in faulty driving. Hence, according to him, his driving shouldn’t be treated as reckless. In several of the road accidents, the accidents happen suddenly due to mistake from other people during which one has little scope to escape. Moreover, there was no proof that Peter was driving recklessly and hence he shouldn’t be held responsible for this. The main objective at this moment is to protect Peter in cases of any possible legal proceedings against him. The insurance money should also be paid to him for which he should prove that he has not violated the contract law2. At the same, time, he should also be protected against any Police action under the law of insurance and traffic laws. According to English law and insurance regulations of United Kingdom, if a person is responsible for any road accident and if rash and negligence driving is proven with reasonable facts, there may be a possibility of filing a criminal case against the driver and compensation can also be claimed legally. In case, it is proven that the driver is not responsible for accident, then the insurance company will have to pay the necessary compensation. In the present case, Peter should be protected against the criminal case and claim for compensation as he is not responsible for the accident and rash driving was not proven in any court or tribunal. Peter must try for obtaining an anticipatory bail under this context. This is required because of the fact that two formal court notices were issued against him by John’s wife and Solicitors on behalf of other driver. The Police may try to arrest him at any time mentioning the cause of accident as negligence driving. He should have a proper representation for explaining the court about the nature of the accident and his reasoning about his non commitment of any mistake. For obtaining justice against the claims of Andrea and other driver, he should submit enough evidence that he was not solely responsible for the accident. Hence, he should claim for anticipatory bail in any local civil court under the context of intentional allegation against him with out any solid proof. In case if Peter is convicted of the matters alleged by the Police, there is a possibility that he may be arrested under criminal case3 as his friend died in accident, with the ground of obtaining more material facts required for getting clarity in the case and he would be submitted by the Police in the Court with relevant documents and charge sheet. Hence, anticipatory bail is very much required to be obtained by the Peter before Police initiate any action on their behalf. In case he is convicted in court of law by
Swarna1 Word count : 1286 Order # 534263 Dated 9th May 2011 ENGLISH LEGAL SYSTEM-2 - CASE STUDY English law provides enough scope for the innocent persons to protect themselves legally in cases of allegations1. In cases of road accidents, the law provides necessary safeguards to the persons who are injured but not responsible for the accident…
Mainly, the problem lies in the fact that several death row defendants have lately been revealed to be blameless of their convicted crime. Such faults have to stop for the rule of law to exist. For instance Since 1987, 13 of 24 death row inmates in Illinois have been proven blameless by autonomous investigation and speedily released from prison (Kury, et al, 2003).
RULE In UK, the Sale of Goods (Amendment) Act 1994 states that the buyers have the privilege to anticipate that the products that they purchase are: Possessing an adequate quality Suitable for all planned purposes. Paul Price has the right to demand a full refund from the retailer from whom he bought the Tefal Actifrys provided an adequate notice is given to the retailer within a” reasonable time“ that products supplied are of defective in nature.
The powers of arrest are contained in Section 24 of the Police and Criminal Evidence Act 1984 (PACE) (as amended by Section 110 of the Serious Organized Crime and Police Act 2005).1 In exercising the statutory powers of arrest, arresting officers are also required to comply with the Code of Practice.
Zara and H&M) and its corresponding strengths as well as weaknesses. Based on industrial assessments, the opportunities and threats associated with each of these selected companies have also been assessed in this paper with the implementation of the SWOT analysis framework.
The merger would cause a movement of the head office from San Diego to Los Angeles, result in downsizing and job losses of between 1000-1600 positions, and also increase the pollution level of Los Angeles. It was reminiscent of the 1930s when a
With the increasing importance of external publics such as government and non-profit organizations that monitor and assess how the business conducts itself from a socio-cultural perspective, it is hard to dismiss
ason why the defendant was in financial difficulty is because first the agreed amount of 20, 000 pound was too low to allow him operate reasonably at profit and secondly the plaintiff did not supervise his workmanship adequately.
4. The second subsidiary argument that the
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