Business Law : Page - 12

Overview of Legislation HierarchyLegislation hierarchy involves a particular order of legal rules or regulations to a certain degree from the highest and lowest mostly depending on providing existing competent authority During the enforcement of these regulations, it is quite necessary to abide completely with these standing orders of a state. The hierarchy includes the constitution, laws and then the available subordinate regulations.In this...

Issue 1: Ellen's Claim Against the CouncilThe issue is to decide whether Ellen can claim against the Council regarding the advice given to her by the Council. Negligent Misstatement, a type of tort that refers to the information or statement made by a person that is misleading or inaccurate, and such wrong statement causes injury to another person. In the case of Derry v Peak, the English Court of Appeal observed that a negligent misstatem...

The Types and Importance of CybercrimeIn today’s world, where cyber crime had increased a lot, a good prevention of the data is really important. Cybercrime is of many types like online thefts of identity, frauds in finances, bullying, stalking, spoofing of emails, hacking, property crime and forgery etc. and can harm and create a tide in the lives of the people who become the victims of it (Dashora, 2011). This can be at its worst ...

Development of Rules and Punishments in a Tribe's ConstitutionIn the new Constitution developed by the tribe, there are rules that protect members of the tribe from violent acts from other members of the tribe. According to Herbert Lionel Adolphus Hart, there are certain circumstances essential for the continued existence of legal system. These circumstances are as follows: the ‘rules of behaviour’ applicable in relation to the ...

Related LiteratureBehaviours of aggression and violence is quite common in the acute hospital settings especially in the emergency departments (ED). This is often associated with low level of resistance along with hitting out or other forms of physical assault. Most of the healthcare professionals, especially nurses, think that it is part of the job to simply tolerate this type of behaviour (Patterson et al. 2013). However it can result in ser...

Impact of Global Connectivity on CybercrimeIn the present scenario, every individual works and lives in a state of global connectivity. The people exchange their ideas and conversations, which conduct a monetary transaction with, people from another side of planet effectively and inexpensively (McMahon, Serrato, Bressler & Bressler, 2015). Nowadays, Internet has proven itself the effective source of communication concluding the way individ...

Budgeting Process and Sales ProjectionsOn the beach is the Australian firm that operates its business of manufacturing the swimwear as well accessories for both male and females. The firm is mainly dealing in four products i.e. one piece swimsuits for women, board shorts for men, beach towels and the beach bags. The management of the firm is desired to set the targets and goals for the upcoming year i.e. 2019 and hence requires various types o...

BackgroundIn the High Court of New Zealand: In the matter of: breach of covenant made on the implementation and operation of the rent control system Between: Ms. Nangula (1st plaintiff) and the Youth Movement fighting for a Cheaper and Affordable Housing in Namibia (YCAH) And: Namibian Government (1st defendant) and The Lines Ministry (2nd defendant). I Ms. Nangula swear/solemnly and sincerely affirm that: I am the founder and one...

Duty of Care in NegligenceThe issue is to determine as to in which of the given scenarios would Sam be held liable for the losses suffered by plaintiffs. A person must provide reasonable care to another person and if he/she fails to do so and as a result that person suffers harm then the defendant would be liable to pay the damage to the concerned person under the applicability of the tort of negligence. The person who behaves negligently i...

Elements of NegligenceThe key issue is whether Cliff and Mary can hold Susan liable for the loss suffered by them? The tort of negligence is referred to the civil wrong in which a person suffered a loss due to the failure of another person to take proper care. The innocent party has the right to file a claim against another person in order to demand damages and held him liable for damages. In order to claim damages for negligence, the parti...

Can a negligent act amount to the intentional tort of battery?1. A tort can be committed either intentionally or negligently. According to the definition, when two people contact with each other with certain offensive or harmful intention, it will be known as battery. However, harmful intention of the parties is not necessary. According to Williams v Milotin, negligent act can amount to intentional tort of battery. 2. According to the common ...

Recognising Business Entities in New ZealandIssue: In the present given situation, the only issue involved is what corporate company/firm he create to easily manage his financial funds, which also leaves him for the day to day runnings to professionals. Law: As per the present given situation, the various provisions of the Limited Partnership Act, 2008 is applicable.   Application: It is submitted that Bernard who is a businessman after h...

BackgroundContract law is an area of law which is largely influences the business society. The parties to the contract are legally provided the right to take actions against each other for breach of its terms. Along with its formation and content, it is also important to understand the law regarding damages in case of contractual breach. There are various forms in which damages is provided to the aggrieved party by the courts. The contract can...

Pathophysiology of InjuryFOOSH injury defined as mechanism of injury that occurs due to fall of any individuals and injured area can be wrist, hand and any other places of the body. One common injury observed is colle’s fracture. , In few cases, swelling and bruising observed and weak hand grips, loss of wrist motion observed in patients (Lee et al. 2017). Increase in pain generally observed. .If pain persist for longer period then ligam...

Understanding of legal theory facilitates analysis of issues related to access to law and justice Additional Source 1 Schetzer, Louis, Roberto Buonamano and Joanna Mullins, "Access To Justice & Legal Needs." (Law & Justice Foundation, 2002) <http://www.lawfoundation.net.au/ljf/site/articleIDs/012E910236879BAECA257060007D13E0/$file/bkgr1.pdf> Additional Source 2 Law Council of Australia, "People Exper...

Sources of Irish LawIrish Law refers to the law of Ireland and the prison system and courts of the country support the same. Similar to any other law, Irish law is also been developed with the help of one or more sources. Some of the lead sources of Irish law are mentioned below. a. Common Law: - Common law has been developed in England originally. It is based on the practices and legal precedents. A legal precedent is a decision of a past case...

Introduction to Tower Hamlet Borough of LondonTower Hamlet is one of the most populated areas of London borough with a total population more than 3 lakhs. The geography of Tower Hamlet is somehow mixed with young people of the South Asian community and people of British origin. The major problem of this area is violence against women and girls (VAWG) through forced marriage, domestic violence, gender-based acts and honour crimes. Various ...

Types of Dams and their ConstructionA dam is a barrier that is constructed across a river or stream so the water can be held back or impounded to supply water for drinking or irrigation, to control flooding, and to generate power. The main kinds of dams are earth fill, rock fill, concrete gravity, concrete arch, and arch gravity. The last three types are all made of concrete, reinforced concrete, or masonry. (The term masonry can mean concre...

Organic Theory of Attribution in Determining Corporate LiabilityHaving come up with an idea to start a subscription business that provides with highly entertaining podcasts an interviews, Sammy and Huw approach Gracey for exclusive supply of a weekly podcast to their new company. They sign an agreement on the 20th April 2018 stipulating that for the exclusive rights, Gracey is to be paid a fee of $4000 per month for a period of one year. ...

Breach of Legal Duty of CareUnder Tort Law, some of the relationships are there where a person owes duty if acre. In addition to these defined relationships, this duty also exists in some other relationships. It was held in the case of Caparo Industries PLC v Dickman [1990] UKHL 2 that a duty of care exists in the following situations: Where a person can foresee the risk. Where there is a relationship of proximity between the claimant...

Conditions for Tort of NegligenceThe key issue is to ascertain the liabilities that Sam would have to incur on account of the damages suffered by the potential plaintiffs based on the underlying situation. In order to determine if the tort of negligence is applicable, it is imperative that there central conditions must be fulfilled. First, it is essential that the there must a duty of care on defandant’s part towards the plaintiff to ...

The Decision to Implement the Pepsi Refresh ProjectMarketing strategies of an organization play a dominating role in determining the organization’s success in the international business market (Wei, Samiee & Lee, 2014). Building the most relevant market strategy for a particular company requires detailed study and research of the internal organizational stability of the company as well as the various theories and concepts that provid...

What is Social Policy and its GoalsA social policy refers to any rules or code of conduct that has been designed for the welfare of the people living in the society. It is for this reason that the Government imposes many rules or acts that can keep a check on these activities. Some of the social evils are the problems of drugs, alcoholism, migration, poverty, health problems, houselessness and others (Spector & Kitsuse, 2017). Some of thes...

The Purpose of PrisonsThe purpose of this essay is to enlighten the reader about the negative consequences of prison on the people living in it. The Prison is commonly known as the correctional institution that is an integral part of the Criminal Justice System of the country along with the police and courts. The prison along with the police helps the government to manage the practice of ethical activities in the environment. The prison is an ...

Improving Interpersonal Relationships in an organizationIn any environment that involves individuals working as a collective unit, interpersonal interactions become necessary which allows collaborative efforts and helps the unit to function as a team. The interpersonal relations act as one of the core aspects of an organization and essential component of team performance. However, the interaction can also lead to interpersonal conflicts caused...