Law essays

The first subquestion to answer the main question, how can the ISM code lead to an optimum safety on board of a product tanker , is: what is the history of the ISM code? ISM stands for International Safety Management and its goal is to provide an international standard for the International Management for Safe … Read more

The promulgation of the SARFAESI Act has been a benchmark reform within the Indian banking sector. The progress below this Act had been important, as proven by the very fact that in 2002-03 once the Act came into impact, there was Associate in Nursing overall reduction of non-performing loans to 9.4 per cent of gross … Read more

INTRODUCTION Insurance contracts are a special class of contracts which are guided by certain basic principles like those of utmost good faith, insurable interest, proximate cause, indemnity, subrogation and contribution. These principles are mostly guided by common law principles from which they have developed. They have also been modified by principles of contract and by … Read more

In the case scenario involving Dr. Anson and Dr. Chitty, the legal question that arises falls in the area of contract law. Dr. Anson and Dr. Chitty enter into a contract where Anson sells his private medical practice to Chitty. Subsequently, it is apparent that there was a misrepresentation of facts by Dr. Anson that … Read more

The attorney’s role in regard to his clients is: ‘As a lawyer, and a member of the legal profession, acting as a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice (Flowers).’ An attorney is an officer of the court respecting the need … Read more

Summary The current practice of land acquisition by big public infrastructure projects is described. Some countries apply – more or less successfully – land consolidation methods in order to satisfy the land demand of the project; the legal limitations of that practice are demonstrated. Unique is a German approach, by which the needed land can … Read more

The judicial system is a very complex and elaborate one in any part of the world, even more in a country like United States. Because of its global importance, United States, in many aspects, is seen like an example or point of reference. The American system of checks and balances, is a system in which … Read more

The new millennium brings a more widespread and intensified Digital Age with wider internet use. Nikolai Kondratiev (a soviet economist) hypothesized that industrial countries of the world have experienced successive waves of growth and decline since the beginning of the industrial revolutions (Stutz & Warf, 2005:178). Subsequent scholars have argued that currently we are living … Read more

In what ways have our historic roots affected the manner in which criminal investigations are conducted in the United States today? The historic of the law enforcement had a lot of effects on our criminal investigations runs today. It all started in the year of 1253 in the London where the criminal justice roots began … Read more

Legal claims that derive from a situation where there are claims of negligence can sometimes involve an entity other than the neglectful parties. In certain circumstances employers are fully responsible for their employees, and the tasks they perform during working hours. During the course of this paper, the doctrine of respondeat superior will be defined … Read more

The word children is applied to infants from their birth but the time when they cease ordinarily to be so called is not defined by custom. A foetus not bigger than a man’s finger but having the shape of a child has been held to be a child. Blacks’ Law Dictionary defines an unborn child … Read more

The law of obligations is traditionally divided into two categories – contractual obligations, which are thought of as being entered into voluntarily and owed only to the parties contracting; and obligations in tort, which are owed to a larger class of people and thought of as being imposed by law (Beatson {2002} – Ansons Law … Read more

Not every promise made is enforceable in law by the Courts, as this would clearly be impractical.  A promise backed up by consideration gives a reason for enforcement [Atitah, p.200]. Consideration can be “some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility, given, suffered, or undertaken … Read more

The rules of the adversary system of trial ensure that justice is met. The system appears to satisfy instinctive notions of justice and fairness. THE PARTICIPATION The prosecution must have evidence and initiate the case by the issue of a writ or summons. Criminal court cases are initiated by the prosecution and civil cases are initiated … Read more

The background of the case rotates in depth on issues pertinent to the rights to be granted an attorney and self-incrimination as enshrined in the 5th amendment under the United States constitution. The 5th amendment privilege in text provides that, no suspect will be compelled to answer for any capital or infamous crime, unless directed … Read more