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What Relationship Is There, If Any, Between Hart's ‘Secondary Rule Of Recognition' And Kelsen's ‘Basic Norm'? The British philosopher Richard Wollheim has pointed out that the reason why defining law has become problematic is due to the fact that it sought to achieve different purposes. He states that jurists have not only been able to not clearly distinguish the definition of law but also a criterion for the validity of law and a much more general method for the criterion of...
Advise Mary on any potential claim she may have in negligenceWinfield defined tort of negligence as a breach of a legal duty to take care which results in damage to the claimant.1 In English law, in order to pursue a claim of negligence the claimant must prove:1. That the defendant owed the claimant a duty of care;2. That the defendant breached that duty of care; and3. That the claimant suffered injuries as a result of the breach of duty of care.2In order to advice Mary on any potential claim...
Introduction This assignment is based on the topic of separation of power in Public Law. It addresses the question: “The separation of powers, as usually understood, is not a concept to which the United Kingdom constitution adheres”. I will tackle the main type of power in the UK, what it was and how it has evolved. To reinforce my work, quotes and reference will be used from various sources legal writers, cases, government materials etc. My main aim will be to logically produce a...
It can be established that issue of consent and non consensual treatment will arise whereby Mimi is unconscious and unable to give a valid refusal to the operation. Therefore, consent is a very important factor, in determining whether she has given thought to the situation or an ‘implied consent' has arisen due to the unforeseen circumstances.It is arguable that a medic cannot perform any treatment, unless they have obtained consent from either the patient, a relative or have obtained...
Unfair dismissal is the termination of a contract of employment for unfair or inadequate reasons, with or without notice. b) What is unfair dismissal? There are several ways your dismissal could be unfairyour employer does not have a fair reason for dismissing you (e.g. if there was nothing wrong with your job performance)your employer did not follow the correct process when dismissing you (e.g. if they have not followed their company dismissal processes)you were dismissed for an automatically...
Common Law is an English Law of contract subject which means; it’s the set of laws and theory’s that are derived from a case law which have the application of the doctrine of precedent. And in common law there are still increasing areas that are affected by statutory provisions which has scrupulous regulations in the area of consumer contracts that derive from law which originated from the European Union.The rules and regulations outlining the English law of contract are subject...
When revoking parole, the part of the sentence suspended by parole comes back into force in full (the period spent outside the prison is not deducted from the prison sentence). In cases where parole is revoked because another criminal offence has been committed the court decides on a new combined sentence. This solution which does not provide for any deduction of conditional release period from the prison sentence on a tariff basis (e. g. two days of conditional release as an equivalent to one...
1. Introduction The WTO Dispute Settlement System Looking back over the 1946-94 history of GATT allows one to reflect as to how surprising it was that this relatively feeble institution with many ‘birth defects' managed to play such a significant role for almost five decades. It certainly proved to be far more successful than was predicted in the late 1940s'. One of the interesting and certainly more controversial aspects of the GATT as an institution was its dispute- settlement...
The issue in this question is whether there is valid contract between Ah Kow and Ali Baba since Ah Kow had posted a letter to Ali Baba accepting Ali Baba’s offer on 10th of February and at the same time the letter of revocation reached Ah Kow on 11th of February.The definition of offer under Section 2(a) Contract Act 1950 states that "the willingness of the offeror who making to contract on certain terms that the contract shall become binding as soon as it is accpeted by the...
Terrorism is a very complex and demanding phenomenon to address. In as much as acts of terrorism are strongly condemned by the international community, efforts to address this phenomenon have been stained by differences in opinions together with competing concerns. Various key issues lie unsettled and the quest for solutions has become even more complicated due to the emergence of new forms of terrorism. The international community remains challenged on how to translate the statements of...