Cedric entered into a contract with the Distinguished Hotel for the wedding reception of his daughter Ali and groom Benno s big day. In the contract Cedric made with the hotel he was assured that all 300 of his guests would be seated in the chosen function room with a view of the top table, on the day however some of the guests were placed in an adjoining conservatory without a view of the top table. For this to be a breach of contract will depend on whether the statement made between the hot...
This essay will seek to analyse the Woolf Reforms and in that context will evaluate the overall qualitative impact that they have had on the Civil Justice system. The essay will discuss the background in which Woolf Reforms were passed, the Woolf Reforms, Impact/intention of the reforms, Objective analysis based on criticism (positives and negatives) and finally the essay will conclude by analysing whether the Woolf Reform has actually succeeded in its definitive goal of reducing cost and del...
The Fraud Act 2006, since it's royal assent on the 15th January 2007, has had major implications in the prosecution of suspects who, under outdated legal statute, would not have been prosecuted based on the 'Conduct not Consequence' focus of the new offences. The nature of the new legislation was to remove deception as a requirement for liability; aswell as abolishing the absolute need for any material gain or loss to be made, and thus creating a set of conduct based offences. The bulk of the...
A tort is primarily a civil wrong which is essentially concerned with compensation for damages as a result of the defendants acts or omissions. Unlike other legal concepts, tort aims to compensate the victim rather than punish them as in criminal law. " [1] Many people divide tort law into three rough categories: negligent torts, intentional torts, and strict liability torts. Torts arising out negligence are civil wrongs caused by negligent behaviour or a failure to practice due diligence. Fo...
Almost no week goes by when in India innocent lives are not lost to terrorist attacks. The horrific terrorist attack on Mumbai in November 2008 has underscored the nature of the terrorist threat in South Asia. The spread of terrorism in South Asian region has been rampant over the last few decades. While India battles with the terrorism in Jammu and Kashmir to insurgency in North East and the Maoist attacks in central India the others in the region are not left untouched. For eg Nepal has see...
For this essay I will be going over the Padilla v. Kentucky case. This case was accepted into the Supreme Court of the United States (U.S) on Monday, February 23, 2009. Was argued on Tuesday, October 13, 2009 and was decided on Wednesday, March 31, 2010 (Padilla v. Kentucky, nd). I will be giving a review on the case. We will go over the issue, some of the Justices involved, a brief on the arguing parties, the outcome and the impact that this case could have on future cases regarding this typ...
Human rights belong to all persons by virtue of their human nature. Criminal justice as a vital institution of our society plays a crucial role in maintaining public order, security and justice. However, there аre serious problems of human rights violations by criminal justice agencies. Nowadays while newspapers focus mainly on the dramatic criminal issues: murder, rape, torture, disappearances, numerous institutions, which are charged with the duty of implementation of human rights standard...
There are many instances where two parties to a transaction have had one, or both of them, confer some benefit on the other. However, due to various reasons, the contract may be void. Where a contract is void, the position of the parties will be as if no contract had been entered into. In such a situation, no rights will be created and, consequently, no liabilities. Thus, there are effect and relief where a contract is void ab initio. It is illustrated in Hirji Mulji v Cheong Yue Steamship Co...
An evaluation of the proposals for implementation and change in current legal policy when related to the integrated care of mentally disordered offenders According to the intentions of the White Paper 'Mental Health National Service Framework' presented to Parliament by the Secretary for Health in December 2000, mentally disordered offenders should be the responsibility of the NHS and social services rather than automatically liable for prosecution within the criminal justice system. This New...
Introduction: The concept of avoidance of paying taxes has always had a negative overtone, when it is brought on in a conversation or discussion. The idea behind this concept is for an individual or corporation to avoid paying taxes in a given country, either through legal channels or by using illegal methods. At this point is where there is a separation both in methodology as well as terminology. Illegal methods used in order to sidestep tax duties are typically known as tax evasion methods....
