Difference between force majeure and hardship in international contracts

This essay ilustrates the difference between force majeure and hardship in international contracts, with particular emphasis on the Romanian legal system. 1. Definitions and examples Firstly, hardship regards events the occurrence of which fundamentally alter the equilibrium of the contract either because the cost of a party’s performance has increased or because the value of … Read more

Devolution / sources of international law

1a) The term devolution refers to the transfer or delegation of powers from a central body such as a government, to a lower arm. For example, the Scotland Act 1998 allowed Westminster Parliament to transfer certain powers to Scotland. They were able to highlight which areas would remain outside of the Scottish Parliaments competence, and … Read more

Smoking bans

In public health the government has a unique role, due to its responsibility and its police powers. To protect the public health and welfare, regulations, taxation and expenditure of public funds are required (Childress et al., 2002). But how far can the government go in controlling our health and when does it become to paternalistic? … Read more

Demographic change in Canada

Over the past several decades, unbelievably swift demographic change has transformed Canada especially its largest cities. In countries like Europe, comparable change has resulted in riots and cultural tensions that have tarnished the concept of multiculturalism there. Unlike Canada these changes despite many challenges were accomplished by continuing to remain peaceful, positive and productive. Multiculturalism … Read more

Intimate partner violence

This essay will talk about how the legal system works when it comes to intimate partner violence. Victims are able to file restraints against their abusers, though if the abuser is mentally unstable a protective order may do nothing more but infuriate them. This is when people can step in and begin to help the … Read more

National Security Agency (NSA) Monitoring Civilians

That NSA has been discovered to have been monitoring civilians for suspicious activity. This discovery was largely due in part because of a man named Edward Snowden. Snowden is arguably the face of those against government spying programs. Formarily a CIA employee, Snowden exposed the previously confidential government programs that have been monitoring citizens activities. … Read more

The balance of power between states

By state in the strictly political sense is not meant a government or country, but rather “ a body that exercises exclusive political authority over a population in a specific territory “ (Weber). It can be democratic or of any other regime type. Three conditions follow this definition of state. First, a state is only … Read more

Weasley v. Dursley and Another [2004] UKHL (mischief rule / purposive approach)

PART A Weasley v. Dursley and Another [2004] UKHL 1. What were the material facts of the case? In this case, the material facts conclude of that the appellant suffered personal injuries due to a collision whilst driving his car with a horse. The defendant, the owners of the horse, had not fenced the field … Read more

Travel Agency Liability – legal problem question + answer

Factual Scenario Mr. Meley, a frequent traveler and member of the Highland Inn rewards program, planned a business trip to a major city in the southeastern United States. Due to his busy schedule, he decided to use the services of Boundless Vacations, Inc. (BVI), a well-known travel agency, to handle his travel arrangements. Mr. Meley … Read more

The legal age of consuming alcohol in America

It is natural human nature to challenge conformity and to fight against the bonds of restraint. This can be seen all throughout our history as early, and most evident, as The American Revolution. This event set the stage for many more battles to come in the long war against conventionality. Another example of questioning government … Read more

Examinations Disabilities Act

In 2009, Stephanie Enyart filed suit against the National Conference of Bar Examiners, Inc. following several denied requests for accommodations Enyart found necessary in order to take her Multistate Bar Exam (MBE) and the Multistate Professional Responsibility Exam (MPRE). In March 2009, April 2009, and November 2009, Enyart applied to take the MPRE and California … Read more

The legalisation of Euthanasia

Euthanasia, one of the subjects that have globally faced intense debate over time, has been considered with many different views presented in terms of legal and ethical attention to patients and their families. Euthanasia impacts so many people. Instead of legalizing euthanasia, more research needs to be done to develop better treatments and medications. Instead … Read more

The Doctrine of Consideration

The doctrine of consideration is arguably the most controversial doctrine in British contract law since its inception in the twelfth century. Indeed, on the one hand, judges and scholars increasingly criticise the doctrine by deeming it to be unnecessary, and on the other hand, it still remained a fundamental requirement for the formation of all … Read more

Unlawful Detainment: An Analysis

Under Georgia common law can Ms. King sue Bauer’s Department store for False Imprisonment where she was unlawfully detained of her personal liberty even though when she paid for the items that she purchased. An action of false imprisonment will lie where a person is unlawfully detained under a void process, or no process at … Read more

Nuisance and trespassing

Elton and Robbie have two courses of action that stand out in stark relief available to them in nuisance and trespass for this case. These would be considered in more detail below end the extent to which these actions can be successful for either or both parties. Issues: • Whether Robbie had a right to … Read more