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Cybercrime can cover a very wide range of attacks. Understanding this wide variation in types of cybercrime is important as different types of cybercrime require different approaches to improving your computer safety. Two elements exist in all crimes: actus reus and mens rea. Actus reus defines the action of a crime while mens rea defines the mental state.The mens rea requirement is the central component of most crimes. In particular, mens rea describes the specific mental state required to...
TRADE UNIONS ACT 1959: Seeks to control activities of trade unions “so that they can develop in an orderly and peaceful manner.” The Act lays down stringent statutory and procedural provisions for the formation and operations of trade unions in this country.Unionism is a controversial issue in a capitalist country like Malaysia. Three main reasons why workers join trade union. These are to: IMPROVE economic situation, ENSURE their rights are protected, SOCIAL reasons, and To avoid...
(c) the lawful holder of a bill of lading is entitled to sue the carrier. The effect of the transfer of a bill of lading depends on the intention of the parties, and on the applicable law. The only right that is indisputably transferred by the endorsement of a bill of lading is the right to demand and have possession of goods described in it. This right is guaranteed to a legal holder of the bill of lading in all jurisdictions. However, this is not the case in respect of the transfer of...
“The true view is that the departure from the voyage contracted to be made is a breach by the ship owner of the contract, a breach of such a serious character that, however slight the deviation, the other party to the contract is entitled to treat it as going to the root of the contract, and to declare himself as no longer bound by any of the contract terms.”  Lord Atkin in Hain SS Co –v- Tate & Lyle [1936] 2 All ER 597Explain, with references to relevant case law, the...
2. What decision did the House of Lords reach in the case of Transfield Shipping Inc. v Mercator Shipping Inc, The Achilleas [2008] UKHL 48, [2008] 4 All ER 159? How has this decision affected the rules of remoteness in relation to an award of damages for breach of contract?Rule of remotenessRemoteness, generally speaking is the notion that a 'claimants expectation interest will not be fully protected where some of the loss which he has suffered is too 'remote' a consequence of the defendants...
To what extent will the Constitutional Treaty, if ratified, settle the problems of EU constitutionalism?It is pertinent to begin this work with a note to the effect that it is most unlikely that the Treaty establishing a Constitution for Europe, commonly referred to as the Constitutional Treaty, will complete the extended ratification process and pass into force in its current form. Given that the Treaty makes amendments to the Treaty of Rome and thus the very foundations and superstructure of...
Environmental awareness is becoming more prominent both inside and outside the courts. Globally, the legal protection of environmental rights is often found in a Environmental Charter or in some cases the constitution. A charter is a formal declaration of environment values which affords a degree of legal recognition and protection beyond that of normal legislation (Fisher, 2003). In Australia we do not have a charter for the environment nor is environmental protection written into our...
Corporate is a socio- economic identity surrounded by its environment. It operates under the influences of numerous external factors such as social, political, cultural, legal, economical, etc. Further, various passive as well as active factors of production, play a vital role in developing a conducive internal environment for the quantity and quality of finished products, services or both. For efficient functioning, firms usually design and implement effective strategic tools. The passive...
“ In order to be a valid and enforceable agreement, a document must contain certain essential legal provisions and must not leave either undecided or to be determined at some time in the future any aspect of such essential legal provisions. If these essential elements are not present, then the document is not a binding one and is often referred to by courts as an “agreement to agree” or a letter of intent, both of which are not enforceable as contracts.”[1]In drawing a...
The most important issue on this essay is based on consideration aspects of English contract law. It is important to emphasize that consideration is the cornerstone of legally binding contract. This essay is based on fundamental analysis of consideration role by developments in relation with duress and estoppel. Consideration status will be explored beyond legal definitions in the context of economic duress and estoppel from the different viewpoints. One of the main purposes of this essay is...