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In recent years the topic of sexual harassment has become one of the most talked about in the press. Sexual harassment is a topical problem for many women, it not only leads to discrimination in labor, loss in wages, low productivity and stress, but also influences the general atmosphere of lawlessness and violence against women. Sexual harassment is more than just a claim of sexual favors. If the actions of others create a hostile or tense working environment and have sexual overtones, they...
1. The human exploration and utilisation of space has been for last 50 years. Most of the civilian applications of space technology in most countries have their origin in strategic and military domain. The erstwhile Soviet Union, United States, China and countries in Europe like the UK and France have followed the route in acquiring space capabilities[i]. There have been about 4000 launches (some with multiple payloads) and several hundred of these satellites are still active. Nine...
As the three potential cases refer to the breach of duty of care it would appear important to firstly decide if the claimants were in fact owed a duty of care and if so was that duty breached. The landmark case in establishing ‘duty of care’ was the well documented case of Donoghue v Stevenson where the claimant a Mrs Donoghue sued soft drinks manufacturer Mr Stevenson.Lord Atkin in Donoghue v Stevenson[1]enunciated a broad principle of liability. His analysis of the law and...
The distinction between the notions of ‘employee’, ‘worker’ and ‘self-employed’ persons is not sufficiently clear in the UK employment law. This problem is due to: 1) lack of statutory guidance in differentiating those three terminologies; 2) judicial engineering through the common law and 3) the problems deriving from management practices. Despite this uncertainty, different legal implications are attached to each those categories in terms of the rights and...
The Equality Act 2010 has introduced a number of changes on equal opportunities and equal pay, which consolidates existing legislation to bring about consistency. The main employment provisions have been introduced in two stages, 1 October 2010 and 1 April 2011. The Act has two main purposes, which are to harmonise discrimination law in the UK and to extend the law to support the progress on equality. It is hoped that the Act will remove some of the complexities created by the 100 or so acts...
Introduction General agreement on trade in services or GATS is one of the several agreements designed by the World Trade Organisation to increase liberalization of trade. WTO's GATS provides a multilateral framework and guidelines, particularly for trade in service (Alexander & Andenæs, 2008). All WTO member states are bound by the agreement as part of their duties under the WTO Agreement and are expected to negotiate commitments to provide cross-border services to their...
PART B ‘A contract is based on agreement, which arises from offer and acceptance. One person makes an offer; another person accepts that offer. When that has happened, and provided that the other necessary factors, consideration and intention to contract, are present there is a contract. ,A contract is an agreement supported by consideration made between two or more individuals with the intent to create legal relations and is not illegal or unenforceable under the law. An agreement is...
Where there are parties involved in commercial transactions, it is not always clear exactly whose terms and conditions are being accepted and govern the relationship. This is often the case where standard term contracts are being used and whilst the buyer may believe their standard terms and conditions are the relevant ones for the transaction, the seller may believe that theirs prevail. This is commonly referred to as a battle of the forms. One of the leading cases in how this should be dealt...
1. UNA PRIMERA APROXIMACIÓN. Parece adecuado, a la hora de analizar el régimen jurídico especial al cual se ven sometidos los espacios polares, comenzar con una serie de concreciones geográficas previas, a fin de clarificar a qué espacios se refiere concretamente este concepto. Son varias las teorías formuladas acerca del límite de extensión de estas áreas. Numerosos expertos hablan del llamado círculo polar,...
Mental illness in prisons has been sort of a pandemic for correctional systems in the United States for over the last 10 years. The number of men and women who come to prison with some form of mental illness continues to grow by the day. Offenders who do not come to prison mentally ill, will most likely release from prison with some form of mental illness at the end of their incarceration. How this population of prisoners adapts when they come to prison, how they are viewed by the community...