Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises
values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. In order to illustrate my answer, I will draw from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality. Legal positivism is particularly concerned with the validity of the law, and
with the concepts of separate legal personality as the courts do not have a definite rule on when to lift the corporate veil. The concept of ‘Separate legal personality’ is created under the Companies Act 1862 and the significance of this concept is being recognized in the Companies Act 2006 nowadays. In order to avoid personal liability, it assures that individuals are sanctioned to incorporate companies to separate their business and personal affairs. The ‘separate legal personality’ principle was
The concept of Corporate Legal Personality is that a company is a separate legal entity to its owners, who share limited liability for it, unless the court rules against it. It is one the most defying concepts for company law and was first established in Solomon v Solomon case in 1912, where the house of lords ruled that " the company is at law a different person altogether from the subscribers to the memorandum " thus creating the concept of “Corporate Veil”. Currently, under the Company Act 2006
A company is a corporate body of a corporation. A corporation is an artificial legal person. The law sees it as separate and independent of the persons who are members of that corporate body. The legal recognition given to the company is provided in Section 26 Separate Legal Personality of the Companies’ Act 2001 which states that: “A company incorporated under this Act shall be a body corporate with the name by which it is registered and continues in existence until it is removed from the register
On September 12, 2014, Denise Rockett filed a complaint against Eugene Nigro, Esq. Nigro was reportedly negligent when handling legal matters in her late husband’s estate. Specifically, the complainant alleges that Denise, as Executrix of her late husband’s estate, was intentionally excluded from major decisions, not properly compensated, and deprived of control over their properties. Nigro allegedly breached his fiduciary obligation and violated Mass.R.Prof.C. 1.4(b), 1.7(b), and 8.4(c). FACTS
diverse. I spent my last three years at the Geelong College Australia, and have successfully finished year 12 there. My choices of subjects reflected the diversity of my interests - English, Mathematics, International Studies, Legal Studies, and Economics. I excelled in International Studies and was awarded Academic Merit. Upon my return to Surabaya at the start of year 1999, I attended IBMT (Institute of Business Management and Technology), an International University which follows the United States
Legal Studies Assessment Law to punish miscarriage assaults ASSAULTS on pregnant women leading to the deaths of their unborn children will be punishable by up to 25 years in prison under new New South Wales laws. NSW Attorney-General Bob Debus said the Government would amend the definition of grievous bodily harm under the Crimes Act to include the loss of an unborn child. Mr Debus said the amendment would not interfere with existing abortion laws. He said the amendment was being introduced
Legal Case Study Chronological order of events ============================= 1. Xavier wrote to YY stating, “I hear you have a Nokia 7600 mobile for sale. I would be interested in buying it for $2,000 if it is in good condition.” 2. YY wrote back to Xavier, “I
My current studies led me to having an interest in law, history and psychology. I started to research courses involving this type of work. As it would allow me to apply my interest and fascination to the world of work. My interest for law sparked when I went to a lecture during one of the university open days. I have read books such as 'Letters to a Law Student' by McBride which provided me with helpful information and preparatory knowledge. The areas of law I am particularly interested in are Family
Legal studies is branched into many different sectors. One of the fundamental legal subjects is tort law. Tort law is known as the law that corrects civil wrongs. There are many different kinds of torts including tort of trespass, negligence and torts to land. Tort victims are entitled to claiming remedies, damages and injunctions. This essay will examine a case where the issues in hand are mainly negligence and occupier’s liability. Facts of the case: A family picnicking in a remote and deserted
Tenancy Legal Case Study The distinction between having a tenancy and a simple permission to enter premises known under English law as a licence; is defined by the case of Street v Mountford. This case sets out the requisite, which is required in order to create a tenancy, one of which
Natural Crimes and Legal Crimes Crime is an act in violation of a law, unlawful activity, an unjust, senseless, a disgraceful act or condition. A natural crime is an act that is harmful to the society in which one lives. Natural crimes are crimes in any society at any age, and whether or not the crimes are committed by people who are in authority or not. Crimes are forms of unloving behavior that cannot and should not be overlooked. Any natural crime against an individual is a crime against the
I. When can a client successfully bring a legal malpractice suit? Rule: In order for a client to successfully bring a legal malpractice suit they must show the required elements of legal malpractice which are “(1) an attorney-client relationship; (2) a duty owed to the client by the attorney to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity possess in exercising and performing the tasks which they undertake; (3) a breach of that duty; (4) the breach being the proximate
Social and Legal Obstacles of Gay and Lesbian Parenting In the last decade there has been a rise in the number of lesbians and gay men forming their own families. Many do this through adoption, foster care, artificial insemination, and other means. Today, researchers have estimated that the number of children living with one gay or lesbian parent is six to fourteen million. Some have described this current period as a lesbian and gay “baby boom”. However, lesbian and gay parents face many social
Legal Development of Abortion This essay traces the development of abortion law in English and American society up to the time of Roe v. Wade in 1973. Beginning with Biblical citations, the essay researches the Early Church Fathers on the issue; the American colonies; developments of the 1800's which caused change, and so on. Up to the time of the Protestant Reformation, the English society inherited its traditional anti-abortion law from the Church practice of 1500 years standing; which
Should Physician-Assisted Suicide be Legal? Terminally ill patients should have the legal option of physician-assisted suicide. Terminally ill patients deserve the right to control their own death. Legalizing assisted suicide would relive families of the burdens of caring for a terminally ill relative. Doctors should not be prosecuted for assisting in the suicide of a terminally ill patient. We as a society must protect life, but we must also recognize the right to a humane death. When a person
Firstly, it is an intention to create legal relations because Jason refused to pay Heather and claimed that he is not serious about making an offer. There is not every agreement mean that is legally binding contact. If the Heather wants to sue Jason then it must intend enter into a legally binding contract because the courts will find for evidence. In contracts act 1950, Intention to create legal relations is elements of valid contracts because there is no evidence provided by the offeror. The courts
should work fine as according to policy we are not required to release final vacation check for up to 30 days. I am sure I can get something scheduled with Dennis way before then. Thanks Sonja Keep in mind, I was completely aware that it is not legal to require me to complete an exit interview or threaten withholding pay. This is just another attempt of her using whatever means necessary to get things to go her way. Still, I participated to prove once and for all that I am the bigger person in
I. Can Joyce Beyer’s successfully bring a legal malpractice suit? In order for a client to successfully bring a legal malpractice suit they must show the required elements of legal malpractice which are “(1) an attorney-client relationship; (2) a duty owed to the client by the attorney to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity possess in exercising and performing the tasks which they undertake; (3) a breach of that duty; (4) the breach being the proximate