Assignment Law is a key legitimate concept that oversees the exchange of privileges, commitments, or property starting with one party then onto the next. It assumes an urgent part in different legitimate settings, including agreements, property, and protected innovation. Assignment Law normally requires the assent of the first party, and it should consent to the particular legitimate prerequisites illustrated in the significant ward. Understanding assignment law is fundamental for organisations and people to explore lawful exchanges, safeguard their freedoms, and guarantee the appropriate exchange of resources or obligations.
The English law is referred to the common legal system present in England and Wales that comprises of civil and criminal law with each having separate procedures and courts. The law regarding human rights in essential as they guarantees liberty, peace, security and others to people living in the society.
View More >>Pre-action Protocol for Personal Injury claims (PI Protocol) is filed in cases where personal injury claim of up to £25000. As in this case, the injury claim is beyond that amount, the PI protocol need not be followed in letter, but the spirit of the PI Protocol is to inform the process of correspondence between the client and the defendant.
View More >>The Chad Evans case opens up new questions regarding how rape related to alcohol victims is perceived and the effect that the victim’s sexual history may have on the outcomes of the rape trial. The UK has made some efforts to prevent the victimization of rape victims by passing legislation and improving criminal justice processes involved in rape trials.
View More >>In the last decade, corporate social responsibility (hereinafter, ‘CSR’) movement is the most remarkable development in the global economy. CSR can be defined as corporate self regulation mechanism of a company synchronized
View More >>The relevance of minority shareholders’ remedies cannot be overemphasized. This is essential for corporate governance and creates a positive investment environment, because the remedies for protection of shareholders are in place, and this leads to shareholder confidence.
View More >>The purpose of the current study is to assess the impact of the factors that influence the acceptance of MOOCs as a continual and progressive professional development tool within a Kuwaiti higher educational institution by professionals working in Library and Information Science (LIS) Profession.
View More >>The statement that the doctrine of parliamentary sovereignty means that under the English Constitution, the Parliament can make or unmake any law and that no person has the right to override or set aside the legislation of the Parliament.
View More >>The UK has several attributes of a liberal state that distinguishes it from authoritarian or totalitarian states.
View More >>Child development is an important area of research that has led to the development of many influential theories. As this essay will show, these theories stem from varied reasoning or rationale related to child development, but the basic premise remains the same.
View More >>Arbitration is an alternative method of dispute resolution (ADR) that is the closest to the litigation process amongst all the ADR methods as it provides an adjudicatory method of dispute resolution, which involves the setting up of an arbitral tribunal, which gives a binding arbitral award.
View More >>Post-war Europe was a politically fragile continent after the long and bloody war that claimed millions of lives. It is in that background, that the first steps to European integration were taken with the establishment of the European Coal and Steel Community (ECSC). The celebrated Schuman Plan, laid the foundation for the first real supra-structure in the world, that is, the ECSC
View More >>Amongst the contracts that are commonly used in international sales, Free on Board (FOB) contract is considered to be popular for exporters, as it offers flexibility and other advantages to the exporters. FOB is governed by rules that are set under the Incoterms.
View More >>A contract is legally formed as between two parties when the offer by one party to do something receives the acceptance from the other for a consideration.
View More >>In the UK, the principle of separation of powers is not applied in the pure sense. There are a number of areas where the dilution of separation of powers principle is apparent. However, it would be incorrect to say that any conformity to the principle is accidental, as that would imply that there is no deliberate application of the principle.
View More >>Forced marriage can be defined as a marriage of a person where such a person is made to marry against his or her will. In other words, such marriage is without the consent of the person. The essay will walk through the various elements of a forced marriage and the complexities in the legal system associated with defining forced marriage
View More >>The term ‘source’ is used in the sense that there are different methods that are used for developing the law and these are the sources of law (Martin, 2013). In England and Wales, there is not one source, but many sources that have led to the development of the law. Basically, there are four main sources of law, with Common law being the oldest of the four. Statute, is the primary law and the most important source of law in the UK today
View More >>Transnational organised crime has come to be recognised as one of the most important issues for lawmakers and enforcement agencies for states around the world. The nature of the crimes is serious, with crimes like human trafficking, prostitution, among the crimes that are taking place in efficiently organised manner across the world.
View More >>Multinational Corporations (MNCs) first evolved in the late 19th century. However, it was in the post Second World War that multinationals grew rapidly (Cherunilam, 2008) in the new liberalized environment of the Western European nations that were moving towards an integrated Europe, as well as in the United States, where the multinational corporations were already present
View More >>In international law, the conflict between state sovereignty and human rights is a constant phenomenon, and often sovereignty trumps human rights, except in the case of genocide (Donnelly, 2007, p. 289). The conflict between state sovereignty and human rights is seen most prominently in the state’s responsibility to protect its people. Some states do violate their duty towards their citizens and indulge in blatant disregard for human rights values.
View More >>This essay considers the immigration and asylum law of the UK as well as the international and European law on refugees and asylum in order to provide legal framework and solution with respect to an asylum seeker in the UK who faces persecution and threat to life in his own country
View More >>The case of Lotus is one of the important cases of international law because it lay down certain principles of international law in a novel manner. Among other issues, the case dealt with the making of customary international law.
View More >>Social and economic rights have always posed two important questions for jurists and judges alike. The first question relates to the normative constitutional role of these rights. The second question relates to the judicial enforceability of these rights. It is important to understand that despite the Universal Declaration of Human Rights (UDHR) providing no difference between the social and economic rights and the civil and political rights of people.
View More >>The best interest assessment of a person needs to be done in a situation where the person lacks capacity to make decisions for themselves as per the Mental Capacity Act 2005 (MCA 2005). The scenario, which is considered in this essay concerns such a situation regarding a 19 years old girl, Sonia, who may be self-harming or may be abused by a third party. Here, the mother and teachers of the girl have failed to report such behaviour.
View More >>This client advice addresses Holy’s (claimant ‘H’) legal issues concerning whether she has a beneficial interest in a property held under the defendant’s name (‘P’). A title to the property can be held in one name, or it can be held by joint names in the legal estate. In these cases, the owners are owners in common law
View More >>Since the dawn of the twentieth century and development in corporate law, the doctrine of corporate veil and the associated principles of limited liability and separate corporate personality has been a highly studied and debated subject in UK
View More >>The principal sources of the UK law are: legislation, common law and EU law. The first of the three are internal sources of law and the last is an external source.
View More >>Construction contracts may involve certain complexities that are not generally seen in ordinary contracts. Risk and uncertainty is more commonly associated with construction as an activity and this an important factor that must be weighed in at the time of entering into a contract.
View More >>The UNCITRAL Model Law on International Commercial Arbitration as amended in 2006 does not make the requirement of an arbitration agreement to be in writing in a strict and technical sense.
View More >>The theories of crime and punishment are used to define crime, provide justifications for punishments, explain the principles of liability that are used to enforce criminal liability against the offender and also justify the quantum of punishment. From the Natural Lawyers onwards there has been an attention drawn to theories of punishment, with different theories on the justification of punishment.
View More >>Crime statistics are the accounts that the state compiles regarding the actions of its agencies concerning the acts that are proscribed by law (Hope, 2013). In that sense, crime statistics are the records maintained by state agencies and it is from there that they derive their legitimacy. It is easy to give credibility to these statistics given by the state, because these statistics come with the stamp of legitimacy being government records.
View More >>Liability in tort and contract arise from different principles of law. As such liability of tort and contract are not generally overlapping. However, there may be cases and situations where the liability in tort and contract may overlap
View More >>The principal EU directive on the issue is the EU Pregnant Workers Directive 92/85/EEC of 19 October 1992, which provides certain rights to women workers who have recently given birth or are breastfeeding (Council, 1992).
View More >>In the English law, the concept of judge-made law is contentious and controversial. The English legal system demonstrates the application of the principle of parliamentary sovereignty to the extent that even the judicial review is not permitted over statutory law, and even where judicial review is done over executive action, it is done to support the parliamentary legislation, leaving little scope for original law making for the judges.
View More >>he rights of Minorities and indigenous peoples have received considerable attention from the International law and consequently from scholars and commentators writing on international law
View More >>The appellants were the residents of a boarding annex of the Wilsic Hall School, Wadsworth, Doncaster between the period of 1979 to 1982. The age of the appellants at the time was between 12 to 15 years. This is a material fact because at the time of their stay in the boarding annex, the appellants were minors.
View More >>The year 1970 marks a turning point in the international law governing Art markets. In this year, the UNESCO Convention on the Means of Prohibiting and Preventing of Illicit Import, Export and Transfer of Cultural Property 1970 (1970 UNESCO Convention) came into existence and to date, this is the most important international law measure concerning cultural property and the regulation of its trade and movement.
View More >>On September 11, 2001, the day that the collective consciousness of the world has designated as ‘9/11’, the United States suffered the deadliest terror attack in recent world history, leading to the death of almost 3000 people.
View More >>The issue in this case is that whether Vans2U is liable for the injury to Olive, due to the unauthorised actions of Kate in giving lift to Olive and for stopping at a bar and drinking before proceeding on the delivery route.
View More >>Arbitration is the closest dispute resolution method to litigation, in terms of the process as well as the binding nature of the final award. For this reason, arbitration has become the new litigation
View More >>The research is situated in the post conflict environment of Sierra Leone and it seeks to understand the victim’s and community perception and participation in transitional justice environments and mechanisms
View More >>inadvertently perpetuates miscarriages of justice further due to the recurring theme of homogeneity in the application of law to victims of miscarriages of justice and indeterminate sentence prisoners.
View More >>In the UK, race is an important factor for differentiation between students within the schooling system. In that sense, a sense of inequality may exist in context of race of students and teachers and other staff. Indeed, racism is considered to be a factor for creating inequality and there is also a belief that institutional racism may exist within the schooling system as well.
View More >>Derivative claims are claims that are filed in the name of the company for some wrong that is committed against the company. As such, derivative claim is not filed by the company itself because the majority shareholders may have ratified the wrongful act, or they may have decided not to take legal action under the situation. This means that the company is not able to file a claim itself. In such as situation, derivative claim allows an individual or minority shareholder to pursue the action in the name of the company. This also leads to better corporate governance mechanisms as accountability of the directors or the executives or even the majority shareholders can be enforced. Therefore.
View More >>In the given scenario, the actions of the McGreedy’s restaurant have led to Adele becoming violently ill. The incident led to her being hospitalised due to consuming contaminated food
View More >>As recognised in Brazil – Retreaded Tyres case, there is always a possibility of tensions between international trade and environmental concerns of states (Brazil – Measures Affecting Imports of Retreaded Tyres (WT/DS332), 2007). In this context, GATT, article XX (b) has the potential to protect the environment because it expressly mentions protection of human, animal or plant life or health. The incentive for the states to respect environment comes from the fact that there is a balance between trade and environment protection considerations (Schoenbaum, 1997).
View More >>Ahwaz is located in the south-western Iran and it is the capital of Khuzestan province. It has a border with Iran to the East, Iraq from the West, Arabian Gulf to the Southwest, Baluchistan to the South and Zagros Mountains and Kurdistan from the North. It was known by Arabistan because its people is native Arab people. In the light of Ahwaz’s history, it was occupied in 1925 by Iran, and the main reason for that was that Ahwaz has a lot of oil and other natural sources. From the time of occupation,
View More >>Human trafficking has become a major issue in the international law discourse having relevance for human rights as well as crime and criminal law. A case that exposed the net of human trafficking for the sex industry spanning several European nations, was the case of Rantsev v. Cyprus and Russia, Decided by the European Court of Human Rights
View More >>The entry 2 on the property register relates to a conveyance made in 1973 between the vendors (Patrick and Jennifer Daly) and the purchasers (Brian and Ann Lillis), whereby the vendors are entitled to easement rights. These are the easement rights made in favour of the Boat House
View More >>Nadine wants to sell the property that she does not live in. It is not her primary residence. When she sells this property and buys two new properties, one of which will serve as her residence and the other will be rented out. As such, there will be certain tax liabilities that will arise for Nadine
View More >>In cases involving dissolution of marital relations, such as divorce, nullity of marriage or judicial separation, it is not unusual for one or both parties to claim financial relief from the other party. Such applications for financial relief are called as ancillary relief as the financial application is ancillary to the principal petition.
View More >>In the law of contract, an offer by one person and its acceptance by another person, where both have an intention to be legally bound by the terms of offer, leads to the formation of a binding legal agreement.
View More >>The immunities of international organisations are generally derived from treaty law (Wickeremasinghe, 2014). For instance, the immunities enjoyed by the UN
View More >>The Land Registration Act 2002 (“LRA 2002”) provides for title by registration and not registration of title. Its aim is to provide for easier and efficient transfer of land, securing protection of interests in land, and to bring stricter regulation of land ownership. This essay will discuss the aspects of title by registration; unregistered interests; alteration; occupier; and adverse possession.
View More >>With regard to Sheila, the right of way was granted in 2002 to pass and repass on foot across the back garden of the property but the right was never registered. According to the Schedule 3, Land Registration Act 2002, legal easements created before 13 October 2003 have an overriding interest under the Land Registration Act 1925, Section 70(1)(a) and equitable implied easements are overriding easements.
View More >>The case of Rylands v Fletcher is considered to be one of the landmark judgements in English law. The rule is said to have given the common law “one of the most widely discussed and influential generalisations
View More >>he American led occupation of Japan started in 1945 at the end of the Second World War and lasted seven years, finally coming to a close in 1952, although initially it had been supposed by some that the occupation may remain for few decades at least. The occupation from the perspective of America was meant to serve two purposes, which were: demilitarise and democratise.
View More >>he beneficiary principle finds its basis in two fundamental ideas. The first idea or concept is that if there is a trust for some specific purpose, there must be someone who can enforce that trust in a court of law if necessary. In other words, the trustee’s conscience needs to be controlled by someone, and that someone can only be a beneficiary or a person with a locus standi who can take the trustees to the court if the trustees fail to perform their duties under the trust.
View More >>In Tesco Stores case (Tesco Stores Limited v City of London Corporation (2010) EWHC 2920 (Admin), 2010), Tesco Stores was convicted of three offences for breaching Food Safety Law and also fined £23,000. The offences originated from the rat infestation which led to the customer finding a rat in a bagel she bought from the store.
View More >>Crime is a punishable offence under the criminal law, involving a criminal wrong by one person against the other. The elements of a crime are mens rea (criminal intention) and actus reus (criminal act or omission). A crime is a public wrong prosecuted by the state.
View More >>The Coroners and Justice Act 2009 (CJA 2009) introduced ‘loss of control’ as a new partial defence to murder. Loss of control as a defence has replaced ‘provocation’. One of the reasons why the change was made in the existing defence of provocation
View More >>Reliance loss is payable by the party in breach of contract when the innocent party to the contract has suffered some loss due to actions done by him in reliance of the contract. In Anglia Television v Reed, Anglia Television claimed expenses loss of £2,750 from the actor Oliver Reed, who was to play the leading role in a television play being produced by Anglia Television, but later Reed pulled out and the show had to be cancelled.
View More >>The Constitutional Reforms Act 2005 (CRA 2005) is an important piece of legislation in recent times with substantial implications for the English legal system, courts and the Constitutional law.
View More >>The Immigration Act 2016 (IA 2016) is a new piece of legislation that adds to the growing body of law and policy in the UK, which aims at controlling illegal immigration into the UK. The Act ensures controls on illegal immigration by providing legal controls on immigrants’ access to services, facilities.
View More >>Terrorism is one of the most pressing issues for criminal law and policy in the present time. In the United Kingdom, the problem of terrorism is one that has been protracted over a long period of time. Clive Walker has said that in the British history with terrorism, there are three phases of legislative action that can be seen in response to terrorism (Walker, 2005). The first phase saw responses to terrorist conduct in colonial conflicts
View More >>The article focuses on counter-terrorism shift of ‘suspect community’ to the Muslims in the ‘war on terror’ (Pantazis & Pemberton, 2009). The author gives an overview of the meaning and scope of the ‘suspect community’ as was first written about by Hillyard (1993). However, where Hillyard (1993) had used the notion of suspect community to describe the experiences of the Irish community under the Prevention of Terrorism (Temporary Provisions) Act 1974; the present article extends the application of ‘suspect community’ to the British Muslims under the recent approaches of the government to the ‘war on terror’.
View More >>Forced migration has become a major issue in international law and politics. The incidence of forced migration has been exacerbated globally due to the rise in situations involving armed conflicts, human rights violations and environmental degradation
View More >>This section will briefly provide the background for the essay and state the thesis as well as provide the general scheme for the essay
View More >>The second half of the seventeenth century marks the reign of Emperor Aurangzeb (Alamgir) in India
View More >>The Children & Families Act 2014 (CFA 2014), s. 11 has amended the Children’s Act 1989 (CA 1989),
View More >>The principle of parliamentary privilege gives the members of the Parliament the freedom to speak with impunity within the parliament. This has been considered essential for the independent working of the parliament. The Joint Committee on Parliamentary Privilege has
View More >>The Rome Statute of the International Criminal Court 1998 ('Rome Statute') is a multilateral treaty, under which the International Criminal Court (ICC) was established when it came into force in 2002. In many ways, this was a long awaited and historic moment in international
View More >>The present research is related to the practices that are prevalent in Deanesfield Primary School with respect to EAL. The children who are defined as EAL learners are those whose first language is other than English who are living and attending school in England (Schneider & Davies-Tutt, 2014). Young children learning L2 are said to be one of the fastest growing segments of the global population (Kan & Kohnert, 2005, p. 380).
View More >>In the English law, the principle of parliamentary sovereignty is applied to mean that the law made by the Parliament is supreme and its effect on judicial process is that the judiciary does not do judicial review of parliamentary legislation and that in the cases
View More >>The scenario posits a situation where the customer, Raj, has come to get his car cleaned and when he goes to the office to pay the bill, while the attendant has already started working on the care, there is a notice in the office saying: “The management accept no responsibility for any loss or damage howsoever caused.” This notice is in the nature of an exclusion clause, which aims at excluding the liability of ‘New and Shiny’.
View More >>Arguably, the stipulated laws and policies against domestic violence and abuses have significantly failed in the protection of the victims against the perpetrators of these atrocities. According to Her Majesty’s Inspectorate of
View More >>Over the period of time, the judiciary has evolved tests in order to enforce mutual obligations and intention of parties to a contract. One such test is the doctrine of consideration, which has gone through significant challenges and has survived cycles of criticism because of.
View More >>An examination of the criminal appeals process and the adequacy of procedures for reviewing alleged or suspected miscarriages of justice in the light of the chosen case study, together with an outline of the main challenges facing indeterminate sentence prisoners maintaining factual innocence
View More >>Simon can claim unfair dismissal. Simon qualifies for the right to bring the statutory claim of unfair dismissal because he is an employee. Under S 108 of ERA, if an employee has worked continuously for a period of 2 years prior to the termination
View More >>Two issues are raised in this scenario. The first is whether Emma has any equitable interest in the Apartment.The second pertains to the extent of her interest in the apartment. Expressed trust is created intentionally by the act of the settlor and is manifested through a
View More >>Stamp duty is not applicable on value of chattels. If sale price include chattels, tax liability can be reduced by apportioning part of purchase price to chattel. VAT is applicable on the purchase price exclusive of the
View More >>For an agreement between two parties to be a binding legal contract, there are certain requirements or elements
View More >>In the UK, there is an emergent class of atypical workers who work alongside permanently employed staff,
View More >>The UN General Assembly is one of the principal organs of the UN and it is also its biggest organ
View More >>each and every case and nor can it be made to suffer blanket denial with respect to all criminal cases.
View More >>The scenario posits a situation where the customer, Raj, has come to get his car cleaned and when he goes to the office to pay the bill, while the attendant has already started working on the care, there is a notice in the office saying: “The management accept no responsibility for any loss or damage howsoever caused.” This notice is in the nature of an exclusion clause, which aims at excluding the liability of ‘New and Shiny’.
View More >>There is no mobility clause in the contract. This means that there is no automatic right of the employer to ask Cerys to move to a new location other than where she is serving at this time. Even in the situation of there being a mobility clause,
View More >>In society, vulnerable adults are prone to face abuse and neglect out of their incapability to care for themselves. In this relation, they are required to be appropriately protected so that deteriorated physical and mental health condition among them can be averted as well as enhanced well-being can be promoted. However, there is lack of holistic understand among common individuals and care practitioners regarding the vulnerable factors present for this nature of adults
View More >>The rights and freedoms of the European Convention of Human Rights that are incorporated through HRA 1998 can be classified into three groups of rights: absolute rights, limited rights, and qualified rights. The categorisation of the rights is done on the basis of the extent of how far these rights can be derogated from or balanced as against other rights and public interest with the absolute
View More >>A factor of inequality in a sector has been affecting the world and its momentum of development. Even in this 21st century people are discriminated by their colour, gender and social background. People are fighting for ages to remove these divisions; still the thinking process of the high class judgemental community has not been changed yet.
View More >>Multinational Corporations (MNCs) first evolved in the late 19th century. However, it was in the post Second World War that multinationals grew rapidly (Cherunilam, 2008) in the new liberalized environment of the Western European nations that were moving towards an integrated Europe, as well as in the United States, where the multinational corporations were already present. The newly emerging independent Asian and African nations, presented new markets to the MNCs and also gave an opportunity to the Western nations
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