Law Essays

From an analysis of the facts the question of whether the coach and team doctor acted negligently by including banned steroids in the young athlete's diets arises. Further, the question of whether James voluntarily assented to taking the banned substance and thus waives any claims of negligence against the coach and the team doctors also arises.

A necessary aspect of the fiduciary nature of the relationship between a legal practitioner and his client is confidentiality. Under Rule 4 of the Professional Conduct & Practice Rules 2005 (Vic), acting against a former client occurs when a practitioner or his firm represents a party against a former client and the confidential information previously acquired may be used to jeopardize his position.

Generally, S 112 of the Corporation Act 2001 guides on the type of company to be incorporated. Under the Act, there are a number of companies that are registered.  Under the public company, there are four classes; limited by shares, limited by guarantee, no liability company and unlimited with share capital.

Generally speaking, the fact in issue in the scenario is whether the actions proposed by David meet the requirements of the Corporations Act 2001(“The Act”). This is in relation to David’s proposal on ABC Ltd offering Eternal Life Ltd an option to acquire by the issue of shares in ABC ltd for $ 1 million.

This case presents proposals suggested by David. To adopt these proposals, Corporations Act 2001 sets requirements that ABC Ltd should consider when making such decisions. Before embarking on the requirements of the Corporations Act 2001, it needs to be established that ABC Ltd is governed by provisions of the Corporations Act 2001 that apply to ABC Ltd as replaceable rules (see s135(1).

Amongst the most inherent right of a taxpayer in Australia just like John is the right to lodge an objection in order to seek a review of the decision taken by the ATO. A taxpayer has the right to seek and inquire for information from the ATO as part of a post-ATO audit review when one needs to prepare an objection to an assessment issued by the ATO office or request a private ruling.

From the scenario, it is evident that Rajesh is an employee of Yum Yum Pizzas. Rajesh being a university student is employed on a part-time basis to deliver pizzas. He usually conducts his work on shifts that are specified by the employer. In addition, the time at which he begins his work is usually particular but his finishing time is not specific.

It is essential to state that the children's interests are paramount and the parents are in a better position to look out for the welfare of their children. All children should be raised in a safe and secure environment. Our concept of this environment may vary according to our beliefs, values, and culture.

The most accepted definition of a bank was adopted in the case of United Dominions Trust Ltd V Kirkwood whereby Lord Denning Mr stated that “there are three characteristics of a bank that is they accept money and collect cheques from customers and place them to credit, they honor cheques or order drown by their customers and thirdly, they keep the current accounts or something of that nature in their books where credits and debits are entered.

The interaction between state parties in various contexts including trade sometimes leads to disputes and misunderstanding. According to the Permanent Court of International Justice (PCI) as outlined in Abass (2010, p. 431) dispute is a situation where there is a disagreement between two states or entities that are subjects of international law, about the exact legal nature of a right, interest, duty or obligation.’

A person is entitled to make certain assumptions when dealing with a company under the Corporations Act 2001. Section 129(2) provides that when dealing with a company, a person may assume that anyone who appears from the information provided by the company to be a director, that such person has the power to perform duties similar to those exercised by a director of a similar company.

Capital gains tax is the tax deductions made on the gains one has made from the sale of an asset. Capital gain is therefore the difference between the original cost of an asset which is the cost incurred by the owner when buying it, and the amount received after the owner has disposed of that asset.

The issue is whether the directors of the pharmaceutical company breached ethical principles. The directors of the company decided not to reveal to the public the side effects of the drug to be used for the treatment of rheumatism. The directors intended to keep the investors happy and ensure that it makes profits from the new drug.

Generally, Ella’s drawing is valid for registration under the Trade Marks Act 1995 (Cth). Evidently, Section 19 (1, 2 &3) of the Trade Marks Act 1995 (Cth) holds that a trademark can be registered if the symbol or sign sought to be registered aims to distinguish the applicant’s goods, services, or both.

The formation, organization and management of a business like Red Rooster are all governed by the business or corporation’s law. The law ensures that the businesses conform to the state and federal laws, outlines procedures for solving disputes between a business and other businesses and compliance with international regulations, guidelines and accords.

The issue is whether the three payments made by Hilary are considered as part of the designated source of income from personal exertion. Hillary made the sales of the articles that she wrote individually as well as the rights; manuscripts, as well as photos, were sold as per the law. Where Hillary wrote the articles for personal contentment as well as merely concluded to sell the story subsequently, the circumstance will be similar.

Making a decision on the kind of business venture that one intends to start is crucial. Similarly, once one has to decide on the decision has to take a decision on the legal business structure to choose.  There are numerous factors that are crucial to a business entity chosen such as taxation and liability.

An examination into the available literature illustrates that the war on drugs has not managed to eliminate the sales of these substances within defined boundaries, has contributed to the development of organized crime and other associated crimes and carries an unsupportable price tag in terms of prison space and law enforcement capabilities.

A Constitution is normally defined as the basic framework by which a state is governed. It usually outlines, in broad terms, the powers of a state as well as their limitations vis-à-vis the rights of its citizens. Some of the broad classifications of constitutions are: written or unwritten; republican or monarchical; flexible or rigid; unitary or federal; supreme or subordinate, and; underpin by separation of powers principle or fused powers.

The article focuses solely on the history of welfare fraud and how welfare fraud came to be what is now is today. Throughout the article, it is focused on how welfare fraud is committed and what laws are broken. The main arguments are how welfare fraud is becoming a huge problem. The main focus is people becoming “poverty criminal” 

The first strategy is the combination of cognitive-behavioral skills with motivational promoting and norms clarification interventions. Cognitive-behavioral skills training attempts to change the person’s dysfunctional thinking about alcohol use through activities such as documentation of daily alcohol consumption, learning to control stress.

This article tackles the differing understanding of law enforcement between the police and the citizens. The study bases its analysis on interviews of men describing their encounters with the police. The article brings out scenarios that cause a bridging misunderstanding between the police and the citizens.

The author starts the article by differentiating the baby boomers from the Y Generation. The article emphasizes the fact that baby boomer managers need to possess adequate emotional intelligence competencies, skills, and strategies to manage, motivate and lead the Y Generation employees. Riddle also deals with the various E I strategies needed for effective management.

For instance, the organizations that signed the contract should reach an understanding and should offer something important known as consideration (Stanberry, 2012). They should also ensure that the organization has a contract to offer to the government and their clients or even perform a service to their targeted clients.

Generally speaking, the progressive American constitution subscribes to the notion of “innocent unless proven guilty.” If this proposition has to hold, the enforcement of curfews for teenagers remains inconsistent with the supreme law of America. Curfew policies affect the personal autonomy of minors.

This paper includes an analysis of the evidential implications of both police and non-police actions and an appraisal of the detention conditions that must be observed while Mr. Dave Smith is in police custody. Finally, it will discuss the effectiveness of the law in this area in relation to the protection provided by the European Convention on Human Rights.

Eleanor Fletch is 64 years old and an avid traveler. During her last trip overseas, she traveled to New York from Brisbane as an avid traveler. During her journey, there was significant turbulence and passengers were forced to remain in their seats for longer periods of time. Between the breaks from turbulence, the cabin crew circulated refreshments like free coffee, tea and wine.

This discussion must possess a conceptual framework so that one can be reasonably assured that the reader will be on the same page. In an attempt to establish this framework, I think it would be appropriate to establish a working definition for the word “precedent”. It is the collective accumulation of previously announced principles, which any given judge will take into consideration as they attempt to interpret the law.

To appear relevant among their peers among other reasons. It should be dejected by applying stringent rules. For instance, bar owners should not be allowed to sell alcohol to underage citizens, young people should be scared of alcohol; the manufacturers should be advised to indicate that too much alcohol consumption is detrimental to health.

Ever since the advent of the internet, and particularly in the past decade-and-a-half, researching legal works has attained a new dimension. Even though it is assumed that the abundance of available online resources and a sheer number of legal-oriented websites make it difficult to separate the wheat from the chaff; the internet is widely seen as a basic alternative to print resources on legal subjects.

Kosmo can sue Gerry for negligence and recover damages. According to Miller (2012, p. 579) professionals can be held liable for negligence under the common law in the performance of their services.  The professional must owe the plaintiff a duty of care which must have been breached thus causing the plaintiff to suffer injuries.

The ratio decidendi of all cases binds all future cases of an equivalent standard set of facts. According to English law, the highest court is the Supreme Court and as a result, its decisions bind all other courts within the hierarchy and the lower courts are obligated to apply its decisions during rulings as the law of the land. 

Non-governmental organizations aid in disaster eradication, advocates for environmental conservation, and support policy change for areas that are unknown to lawmakers and general public. This paper seeks to discuss the role of international organizations in development and enforcement of International law.

In my opinion, the customer has run out of the Bank and knew there was a risk of falling regardless of whether there was water on the floor. The test used to qualify the defense is whether there was an obvious risk and whether he knew the nature and extent of the manner of occurrence (Kelly v Carroll).

The availability of remedies depends on establishing the following. First, deceptive or misleading conduct had taken place. Second, the aggrieved party had relied upon such conduct or had been persuaded by this conduct to act, which had led to his suffering a loss. The potential remedies, in such cases, include injunctions and damages. 

The implication of possessing a separate legal personality is that a corporation is a legal entity on its own that is separate and distinct from its directors, officers, and shareholders. Thus, by the fiction of law, a corporation operates like it is a person by owning properties, going to court to sue, and entering into contracts, amongst others.

Case laws are interpretations and decisions that are made from a decision on legal issues before the judges by the judges. They are usually considered common law and an aid for the interpretation of the law in successive cases with comparable conditions. Advocate use case laws in supporting their views.

If these companies decide to sue Mrs. Rosita, the judge could demand she return all the clients she stole from both companies and include a hefty fine on top of that. The remedy in such a situation could involve Rapster Ltd and Mentor Ltd coming up with a specific agreement ordering Mrs. Rosita to return all clients.

In Australia a contract must conform to any sort of formality, this means that at times contracts can be oral and the procedure may not mean the validity of the contract. However, when it comes to the exchange of property and goods, it is required that the contract be formal for it to be enforceable(Frey).

Undue influence and unconscionability are doctrines that are established to ensure fairness is achieved in dealings by providing the injured party with remedies to overcome the adverse effects of unfair dealings. However, undue influence and unconscionability are distinct and arise in different situations. 

The personal property security act concerns majorly with personal property in which there is always of guarantee of the security interest of the secured property and secured money. The personal property security act concerns majorly with personal property in which there is always of guarantee of security interest. 

There is not a contract between Kangaroo and Unicorn. Even though there was an agreement to the offer that was made, the contract was never completed after this offer for an official contract. According to Articles 13 and 14, this holds. The first part is that a contract only concludes after there is an offer and acceptance. 

A person who feels that justice applied under the local court was unfair has a right to appeal against the conviction or the sentence in the high court or Supreme Court. After appealisituationsng, the case could be heard ones more. In some situation of the appeal, the outcome could vary and the offender’s conviction could be overturned.

In order to come up with the best legal solution for Batik Pty Ltd (BPL) Corporation, the whole concept of corporate law must be well understood. Therefore, a corporation is a legal entity that is generated under the state laws made to come up with a body, as a distinct legal entity that has its own opportunities and responsibilities different from those of its members.­­­

In conclusion, in the provisions of part II of GATT 1994, all the ministers’ requests are admissible before the general WTO ministerial and the GATT assembly. This allows him to table any terms that the member states want to have considered based on the member states' recommendations and resolutions.   

Based on the highlighted evidence, it is apparent that Crazy Ted cannot enforce the contract against Ben mainly because, Ben signed the contract when he was still a minor, and as a result, his capacity to contract is limited to the conditions held by Buckley in Nash v Inman and conditions provided in section 7 of the Goods Act 1958(Victoria).  

Online businesses offer a new paradigm of doing business and enhanced global reach. However, numerous legal and ethical considerations should be put in place. One aspect that this study noted is that a country can not have a single legislation that touches on e-commerce. This is because it involves a multi-pronged platform.  

If there was not any element of the agreement made between Raymond and William then he (Raymond) would not have informed William of the change of things. The acceptance of that offer would have been based on the fact that, before the end three days from the day the offer was made, William would respond to buy the computer at $ 100. 

The criminal justice system greatly relies on eyewitnesses in order to establish the facts that surround criminal occurrences. Eyewitnesses might recall conversations, remember various details, or identify culprits. It is argued that an eyewitness with no intention of lying is considered a strong mode of proof for jurors, particularly in case the eyewitness seems to be extremely confident concerning the recollection.

The author uses data which is recent thereby making the research quite useful as it reflects on the true nature of Vancouver city. This is based on the results from the recent census done in Vancouver depicting the population of Vancouver. Therefore, this allows the author to get a clear reflection on the unemployment rate within Vancouver.