Bolero Electronic Bill Lading Critical Analysis – Under English Law The advent of the electronic Bill Of Lading has had a very large implication in the shipping business recently. So I have decided to take up this topic as my coursework assignment for this semester. The users of Bolero are a wide variety of “Users” belonging to banks, insurers, agencies, freight forwarders, carriers and shippers around the world, the challenge arises with the different legal system and the cultures associated...
Mitch makes further inquiry and finds the firms secrets, by hiring his brother Rays friend, Eddie Lomax. Lomax is a private investigator and agrees to help Mitch research the firm and its deceased employees, and finds the firms illegal activities. Comprehending and acting on the duty to the corporation as whole requires lawyers to activity look beyond the instructions they receive from the individuals they are dealing with in order to consider whatever the interests of the corporation as a wh...
Judicial precedent: Where past decisions of judges are followed in future cases when the facts of the cases are similar. Once a judge decides a legal principle, it is required that is used in future legal cases with similar issues or facts. This is also known as case law or common law which has developed by broadening down from precedent to precedent. Therefore the legal definition of Judicial precedent can be stated as a courts judgment quoted as an authority for deciding a similar set of fa...
(Question 1) In 2010, Mr Justice peter, a high court judge sitting alone, in deciding a case which has similar material facts to one decided by the Court of Appeal in 2009. Can he decline to be bound by this decision? Discuss. In England and Wales, the courts operate a rigid doctrine of judicial precedent which has the effect that every court is bound to follow any decision made by a court above it in the hierarchy. This system is based on the Latin maxim of stare decisis which can be defined...
The number and strength of judges appointed by law and vary among countries, regions, and cases. The jury is very different in criminal law and civil law. In a criminal law, the foreign judges will decide what action should be prosecuted (official charged with the crime) and if the suspects are guilty. In many areas, the law will depend on a third and a jury will decide what punishment should be in the penalty phase. Generally, the size of the jury will be greater if a case is very serious. I...
All industries are public in nature and enjoy high volume of social powers over the larger society. The wealth and general welfare of thousands, and sometimes, millions of people is undoubtedly impacted by the general and specific actions of such corporations. In this manner they can be termed as an integral part of the society and the growth of the corporations reflects the prosperity of the society. These entities have a great influence over the lives of the people so society has a reasonab...
Write a report for him explaining: What steps he needs to take to ensure that the standard terms are in fact part of any contract he makes with a customer The extent to which he is free to include any term he wants in his standard terms and The provisions of contract law about termination and breach of contract which he may wish to take into account when drafting his standard terms. In order for the customer and XYZ to be bound by standard terms and conditions there should be a set of criteri...
This paper will identify a variety of approaches taken in establishing recklessness in the criminal law. Advantages and disadvantages of these approaches will be viewed in relation to moral culpability. Whilst subјective test seems like the better choice, it does not hold all those morally blameworthy to account. The obјective test can bring unfair outcomes in situations where the defendant did not have the capacity to foresee the risk of harm. Therefore recklessness based on conscience adv...
ABSTRACT In this case study, we analyze the influence of the organizational structure in the definition and implementation of information and communication technologies (ICT) strategies in the Brazilian Judiciary System. The analysis shows that the existing organizational structure boosts incoordinated actions, but the National Council of Justice (NCJ) protagonism in the process of coordinating the strategic planning of the Brazilian Judiciary System (and ICT strategic planning) may change th...
Under the Personal Injuries Assessment Board Act 2003, anyone intending to seek compensation for a personal injury (other than a personal injury arising out of medical negligence) must make an application to InjuriesBoard.ie, formerly known as the Personal Injuries Assessment Board (PIAB). InjuriesBoard.ie handles personal injury claims relating to motor accidents, accidents in the workplace and claims involving public liability. The application can be submitted online, by post or by phone. K...
