Tag: Law

Comparative Law: The Constitutional Council of France

Introduction T?e Cînst³t?t³înal Cî?nñ³l îf Frànñe ³s t?e ?³g?å¾t ñînst³t?t³înal a?t?îr³tó ³n Frànñe. It was å¾tabl³s?ed bó t?e Cînst³t?t³în îf t?e F³ft? Reð?bl³ñ în 4 Oñtîbår 1958, ànd ³ts d?tó ³s tî ens?re t?at t?e ðr³nñ³ðlå¾ ànd r?lå¾ îf t?e ñînst³t?t³în are ?ð?eld (Jamå¾, 2009: ð248). Its ma³n añt³?³tó ³s tî r?le în w?et?år ðrîðîsed …

Relationship Between Law of Demand and Supply and National Minimum Wage

Introduction Supply and demand are one of the basic models of economics and they are main characters of a financial system. Demand means how much quantity of the service or product customer is willing to buy. At constant factors, price of the product increases or decreases as its demand increases or decreases respectively. While supply …

A management report addressing the impact of the restrictions and limitations of Iran Press Law upon press and online services of the country; focusing on the Articles of the Press Law and recommendations based on the most up-to-date media development and global standards of liberty of expression

Introduction From what worldwide perceptions assume, media content and media operations could considerably impact countries vital aspects such as economy, culture, and political matters and importantly people’s opinions. Such as most of the media organisations around the world, Iran’s media and press organisations are regulated by law, but reverse the most of them, these regulations …

A securitization of case law on forced marriage showcases that in calculation to physical force

Abstract A securitization of case law on forced marriage showcases that in calculation to physical force, the role of emotional expression is now taken into consideration. Although, in both legal and policy discourse, the difference between arranged and forced marriage still is to be shaped in binary terms and hinges on the aspect of consent: …

Does the law in England and Wales provide adequate regulation of extreme pornography and other forms of pornography related offences?

Abstract: This research intends to investigate and analyse the existing laws on the regulation of extreme pornography and whether the existing laws enacted are adequate enough in preventing possession (and distribution) of extreme pornography. The key aim of this research is to assess the existing laws on extreme pornography and consider whether the laws are …

Critical Study of LLM information technology and telecommunications law

1.0 INTRODUCTION Recent advances in three areas — computer technology, telecommunications technology, and software and information technology — are changing lives in ways scarcely imagined less than two decades ago. These modern technologies are being combined, especially through the Internet, to link millions of people in every corner of the word, deals are struck, transactions …

Do you agree that Indian law on offer and acceptance favors the acceptor whereas English common law does not? What do you consider are the reasons for the difference in the English and Indian law? What is the relevance of this distinction? Discuss with the help of contract theory.

Introduction The Indian Contract Act traces its roots back to the English Contract Law. But the Indian Contract Act shows some deviation from the English Contract Law. This deviation is propounded in the treatment of the acceptor i.e. the offeree wherein the Indian law on offer and acceptance seems to favor the acceptor more than …

Analysing the application of commercial law towards Ship Operations

Introduction This assignment refers to a case sceanario in terms of Analysing the application of commercial law towards ship operations and the role of Master in its application wherein as a Master of a General cargo ship of 30,000T on a voyage charter sailing from U.K port after loading high grade steel pipes bound for …

A study into the debate on assisted suicide: Is the current law out of touch with reality?

Introduction The intractable dilemmas of assisted suicide and euthanasia have been thrown very much into the spotlight in the UK following the bold and final act of the House of Lords as a judicial body in Purdy v DPP[1] which saw the Department of Public Prosecution’s (DPP) lack of published policy on assisted suicide[2] held …

Conventions provide the flesh which clothes the dry bones of the law; they make the legal constitution work” (Jennings, 1959). Explain and critically evaluate Jennings’ statement, identifying the functions which conventions perform in the UK constitution.

Abstract A constitutional convention is an accepted way as to how things should be done within society. Whilst they are not written down, they tend to be long established principles that are considered to be the norm. Although they are not laid down by the law and are not enforceable through the courts, the fact …

Consider, with reference to case law, the effectiveness of the CPA 1987, which gave effect to the Product Liability Directive, as against the three objectives identified by Burton J in A v National Blood Authority.

Abstract The Consumer Protection Act 1987 was enacted in order to provide consumers with sufficient protection in relation to defective products. This is achieved by the strict liability the Act imposes upon producers of defective product since there is no need for negligence to be established. Regardless of this, Hence, many obstacles still need to …

Critically discuss how EU Law (as applied under Article 101 TFEU) identifies anti-competitive conduct between undertakings, and assess the extent to which such conduct is considered illegal.

Introduction It will be critically discussed how EU law identifies anti-competitive conduct between undertakings. In doing so, the extent to which such conduct is considered illegal will also be assessed by reviewing the case law and academic opinion within this area. Applicable textbooks, journal articles and online legal databases will be utilised by adopting a …

Is Common Law a thing of the past? A comparative study of Swiss and Indian Contract Law Procedure

Research Problem Brief The Code of Obligations is the primary source of Swiss contract law as a country which follows a civil code tradition. Like most areas of continental civil law, Swiss contract law is based mainly on the tradition of Roman law; however, it is influenced most heavily by the German doctrine of Pandects …

A right to [medical] treatment ‘on demand’ is unlikely to emerge. What we may see develop in the next few years is a legal right to an equitable process of decision – making about NHS treatment.’ Brazier, M. and Cave, E. [2007] Medicine, Patients and the Law, 4th ed., London, Penguin Books. Utilising appropriate authority, critically discuss the validity of this statement

Introduction Decision-making about hospital treatment has been undergoing a slow revolution from the old perspective of the doctor knowing best[1] and carrying out treatment without any consultation of the patient to today’s environment which is evolving towards a shared model of decision making as exemplified by the Coalition Government’s White Paper Equity and Excellence: Liberating …

Employment Law: Equal Pay for women in the workplace

Research Question Has the Equality Act 2010 improved the way women are treated within the workplace with respect to equal pay? Hypothesis Statement The pre-existing struggles that women have been faced with in regards to equal pay have not been addressed by the recent reforms within this area. This is because, although the Equality Act …

Based on a long common law history and once an important measure in sales contracts, s.13 Sale of Goods Act 1979 has now become unnecessary and irrelevant.’

Introduction Section 13 of the Sale of Goods Act 1979 was previously considered an important measure in sales contracts. It now appears irrelevant and unnecessary and therefore in need of abandonment.This essay will discuss why s.13 is no longer relevant by analysing its flaws and demonstrating how the requirement that ‘goods must match their description’ …

With reference to the case law on direct effect, critically discuss the extent to which this concept (direct effect) is an effective means of protecting an individual’s European Union Law rights.

Introduction Direct effect seeks to ensure that the rights of individuals are being protected under EU Law[1]. This is not always achievable since EU Law is generally only directly effective against national authorities. As such, individuals cannot usually invoke EU Law against other individuals unless the EU Law provisions are horizontally directly effective. This suggests …

There are far too many (women) who are discriminated against and far too many employers who are using every single legal argument and loophole to dodge their obligations under equal pay law

Introduction The Equality Act 2010 (EqA)[1] came into force on the 1st October 2010, replacing the earlier Equal Pay Act 1970[2], with the aim of offering greater certainty. Despite this, there is largely a replication of the terms of the 1970 Act and there remain difficulties in enforcing the fundamental rule of equal pay for …

With specific reference to the EU’s doctrine of direct effect, critically assess the extent to which EU law concerning commercial activities are enforceable within member states.

Introduction The extent to which EU legal rules and principles, concerning commercial activities, are enforceable within member states will be critically assessed in this essay. This will be done by reviewing certain aspects of EU law and considering the extent to which EU law can be invoked under the principle of direct effect. It will …

Contract Law and commercial pressure

Introduction In today’s economic climate businesses often exert commercial pressure during contract negotiation stages. This is a normal part of the process and parties to a contract generally know when pressure being exerted is lawful. Although there is a difference between commercial negotiation and illegitimate pressure, it is often difficult to distinguish between the two. …

Have the UK banking law regulation reforms introduced after the 1st of April 2013 led to increased and sufficient protection to promote financial stability?

Abstract Banking law regulation has advanced significantly since the global financial crisis was first instigated in 2008. Most notably, on the 1st April 2013 the Financial Services Authority (FSA) was abolished and its functions transferred to two new regulators: the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA). The Bank of England (BoE) …

In the “Laval Quartet” series of cases, the Court of Justice has struck the correct balance between protecting the right to collective action under EU law and protecting the rights of free movement of services and establishment. Critically assess.

Introduction The right to take collective action is a fundamental human right of a worker under European Union (EU) law. Individuals are thus provided with the right to take collective action in the event that there is a conflict of interest, including strike action.[1] This is provided for under Article 28 of the Charter of …

Constitutional conventions represent important rules of political behaviour which are necessary for the smooth running of the constitution.’ (Allen and Thompson, Cases and Materials on Constitutional and Administrative Law, 9th edition, 2008)

Abstract The UK does not have a written constitution and as such there is a heavy reliance on the constitutional conventions. This analysis considers the importance of the conventions and concludes that these conventions do indeed play a crucial role in the smooth running of the constituions and indeed the development of written practices Introduction …

To what extent has the European Court of Human Rights (ECHR’s) case law recognised and protected the right not to be discriminated against on the ground of sexual orientation, in relation to marriage.

Abstract There has been much discussion as to whether the ECHR’s attempts to recognise and protect the right not to be discriminated against on the ground of sexual orientation have been successful. This is because, although the UK has in recent years made positive changes towards the equality of same-sex couples, discrimination is still prevalent …

Business Law. Law and Application

Issue Is there a valid contract between Khalid and Siti? Law and Application When Khalid is interested in buying Siti’s painting which she had named “Hawa”, Khalid met Siti and told her that he will pay her RM5,000 for “Hawa”. This is an offer. Offer had be defined in S2(a) Contracts Act 1950 as “when …

Determination of a Rate Law Lab Report

Determination of a Rate Law Megan Gilleland 10. 11. 2012 Dr. Charles J. Horn Abstract: This two part experiment is designed to determine the rate law of the following reaction, 2I-(aq) + H2O2(aq) + 2H+I2(aq) + 2H2O(L), and to then determine if a change in temperature has an effect on that rate of this reaction. …

Lawrence Kohlberg’s theory of morality

Lawrence Kohlberg’s theory of morality development most accurately portrays the way humans chose their morality. Carol Gilligan’s theory that girls develop differently because of the emphasis put on a woman’s role in caring for others is sound, but oversimplifies. And Jean Piaget’s theory may accurately describe the cognitive process of differentiating between the hard and …

Law of Tresspass

LAW OF TORT LAW2002-N 20011/12 Lectures 3 and 4: Trespass to the Person Lectures 5 – 12:Negligence TRESPASS TO THE PERSON Reading: Steele Chap 2 to page 81; Street Chap 3; Winfield Chap 4. ASSAULT AND BATTERY Introduction Battery: intentional application of force to another person. Assault: act of the defendant which causes to the …

Law enforcement

In the United States different police departments are existed, in fact no other nation in world has such system. The United States has 60 federal agencies, 26 highway patrol, 23 agencies for State police besides 35 states have additional state agencies with limited purpose. With regard to the municipal police, at about 15,000 municipal departments …

Contract Law

Contract is an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. No contract can come into being unless the following features exist: an actual offer, an acceptance, consideration (this means that each party will contribute something of a material value to the bargain) and …