Agency theory

The agency theory is often connoted as he who acts through another, acts for himself…’.qui facit per alium, facit per se’. The expression can be described as a bilateral onerous, consensual contract whereby one party, the principal, authorizes another, the agent, to execute business on his behalf. There are essentially 3 parties involved in the … Read more

Advantages and disadvantages of the doctrine of binding precedent

Essay topic: Critically evaluate the advantages and disadvantages of the doctrine of binding precedent in English courts. In the English legal system in the United Kingdom, according to the Act of Settlement 1700, “judges should theoretically make their decisions based purely on the logical deductions of precedent, uninfluenced by political or career considerations.” Back to … Read more

EU Directive and member state liability

EXPLAIN THE PRINCIPLES OF DIRECT, INDIRECT AND INCIDENTAL EFFECT OF EUROPEAN UNION DIRECTIVE AND MEMBER STATE LIABILITY AND CRITICALLY CONSIDER WHY THE COURT OF JUSTICE FELT IT NECESSARY TO DEVELOP THESE PRINCIPLES. The principles of direct effect on European Union resulting from the court of justice limit its scope only to those supplies which were … Read more

Copyright, trademark, statutory misrepresentation or passing off

In this country [Australia], the prospective plaintiff must try to found their action in copyright, trademark, statutory misrepresentation or passing off. The fame of an athlete is commercially valuable when attached to a product or an event. Association of aspects of the top sportsperson’s ‘personality’ ‘ his photographic image, for example, increase the attractiveness of … Read more

Essay notes: Evidence, why necessary, types, role of evidence

Sir Bentham, eminent English Jurist, defines “The evidence is any matter of fact, the effect or tendency of which is, to produce in the mind a persuasion, affirmative or dis-affirmative of the existence of some other matter of fact.” Word “evidence” is derived from Latin word “evidens” or “evidere”, which means to show clearly; to … Read more

Psychiatric injuries

Purpose The issues that lie here, and I will be looking in greater detail, are the primary and secondary victims that have to be established before any claim for damages can be done. Primary victims are simpler to distinguish in comparison to secondary victims. The fine line appears more towards the secondary victims when trying … Read more

Public procurement contracts

European Regional Policy in Romania: Facts and Recommendations Abstract: The scientific approach is to identify and evaluate regional development policy implementation mechanisms in Romania, the evolution of regional development policy, the degree of achievement of indicators undertaken and lessons learned. This paper aims to introduce theoretical and practical aspects less known, the application of models … Read more

Case analysis

This case is the outcome of the appeal from a decision pronounced by the Court of Appeal. Case essentially involves a person named Major Rowlandson who in 1925 took out 5 policies on his own life with the company called Royal Insurance Com. Ltd for the sum amounting to 50,000. The Terms & Condition of each policy contained a clause which says. Since 1925 he was maintaining all these five policies and was paying the premium of around 1800 per annum.

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Article 49 of TFEU

Viking, a large ferry operator, was incorporated under Finnish law. FSU was a Finnish union of seamen with about 10.000 members. The crewmembers of the Rosella, a ship, are all members of the FSU. The ITF is an ‘International Federation of Transport workers’ union with its headquarters in London. Viking wanted to reflag Rosella by … Read more

Statutory rape

Statutory rape alludes to sexual connections happening between two people when no less than one of the people can’t lawfully agree to sex. While regular conviction holds that a uniform age isolates a grown-up from a minor with respect to settling on choices about one’s sexual conduct, a few components decide this, contingent upon the … Read more

The duties of the fiduciary

In certain circumstances, typically in trust also in agency and other relationship, equity will required one party to the relationship call the fiduciary to act in the best interest of the other party to the relationship called the principal.

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Attribution of responsibility to states

The issue of the attribution of responsibility to states has emerged as a paradigmatic example of the schism in public international law . Various international tribunals have proposed their own tests in order to address this issue of attribution of the conduct of private individuals to state responsibility. In the firmament of this emerging jurisprudence, … Read more

Political/Legal/Environmental aspects of PESTLE (Malaysia and the Netherlands)

1 Introduction Malaysia and the Netherlands are vastly different countries, both with their own (distinct) culture and environment. For companies that are interested in expanding their business to the other country, these differences can pose unforeseen situations. This report is a partial PESTLE-analysis, which is used in business to identify risks and opportunities in a … Read more

Hague Convention

The law on Hague as a branch of International Humanitarian Law sets limits to the conduct of military operations. Its rules are intended to prevent or at least reduce death or destruction, as far as the hard reality of war allows. They establish the rights and duties of belligerents in the conducts of operations and … Read more

Reliance Industries Limited v Union of India

To start with the case of Reliance Industries Limited v Union of India , The Apex Court’s pronouncement is an appreciated elucidation of the range to which the Courts of India have dominion over foreign-seated arbitral proceedings. The Delhi Bench’s verdict has amplified the level to which the judiciary and benches of the Country could … Read more