Law notes: Force Majeure

Under English law, if a contract becomes impossible to perform, or is only able to be performed in a manner substantially different from that envisaged by the Parties at the outset, then the doctrine of “frustration” may apply and the contract terminate. This may not be in the interests of either of the Parties who may … Read more

Health Law and Regulations

Health care in the United States has changed over the years and the federal government saw need to establish regulatory agencies such as the Centers for Medicare & Medicaid Services (CMS) to ensure the elderly, disabled and low income receive quality and cost-effective health care. As a result of health care costs sharply increasing, the … Read more

Revocation law problem question

Is Jennifer’s revocation effective? In contract law, revocation can be described as the termination of an offer. Revocation occurred when an offer is nullified by the offeror which he/she has made an offer earlier to the offeree. The general rule of revocation was established in Payne v Cave’s case and it has stated that an offer … Read more

EU accession

The accession of the European Union (hereafter EU) to the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter ECHR) is a process that has been lingering on for years. The Court in Luxembourg in 1996 claimed that accession was impossible under the competences at the time and that a Treaty amendment … Read more

Parental liability

‘Parental liability’ refers to a parent’s obligation to pay for the damages caused by their children. It is the legal term to refer when a child makes a damage and the parents are forced by the law to support the financial part of the damages made by the child. Being a parent means a lot … Read more

Consent and the Tuskegee Study

From 1932 to 1972, scientists working for the United States Government withheld treatment to participants in studies conducted to assess the effects of syphilis in African-American males. Doctors had been looking for treatments for syphilis in African-American males when the government decided that they would fund this study for the Tuskegee Hospital. Early treatments involved … Read more

Contract law problem scenario

Marcus v. Elsie: In this scenario, concerns past consideration, due to the promise of £300 Elsie made to Marcus after he repaired the smoking chimney, and later refused to pay him. The definition of consideration was established by Lord Lush CJ, where he portrayed consideration as ”some right, interest, profit or benefit, accruing to the one … Read more

Bills on cybercrime in Nigeria

‘Efforts were made during the sixth National Assembly to pass a cyber-crime law. Before now six private member bills were introduced at both chambers of the National Assembly seeking to provide a legal framework to combat cyber-crime and other related offences. These include the Computer Security and Critical Information Infrastructure Protection Bill 2005; Cyber Security … Read more

Criminal penalties and alternatives to incarceration

Modern trends in criminal justice over the past few decades exhibit the need for some criminal penalties amid the extremes of imprisonment and regular probation. Usually, increases in crime have been retorted with increases in imprisonment. This has developed a counterproductive model that often lead to overcrowded prisons and jails, early release of potentially dangerous … Read more

United States v Nixon

The United States v. Nixon was a historic United States Supreme Court decision. The Court resulted in a unanimous 8’0 ruling against President Richard Nixon and was important to the later stages of the Watergate affair. It is considered a crucial precedent limiting the power of any US president. Having this major political affair happen … Read more

Elections and funding

The Supreme Court insists that political money is equal to speech and allows unlimited amounts of unrestricted money through the Citizens United ruling proposed in January 2010 (Mark Lewis, The Atlantic Magazine, 2014). However, the flow of secret money distorts electoral processes and threatens the very basis of our democracy. Our elections are being outsourced … Read more

US constitution and government, separation of powers

A) During the Constitutional Convention, it was decided that the new nation would have a representative democracy, where citizens elect individuals to represent their ideas. Throughout history however, it has often been questioned whether those representatives represent the people or themselves. The government is split up into three branches: executive, judicial, and legislative. The executive … Read more

Legal insanity

Forensic psychologists are faced with many laws, guidelines, and legal standards when providing an assessment regarding a legal insanity defense. There are many facets that must be considered and or met prior to making a final conclusion relating to a defendant and the insanity diagnosis. It is important to form an analysis of what factors … Read more