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One of the significant sources of laws in India is International customs and conventions. The Judiciary has, in the past, on many occasions, relied on the principles of international law to reach a justifiable and efficacious decision. Article 51 of the Constitution of India states that:“The State shall endeavour to-(a) Promote international peace and security;(b) Maintain just and honourable relations between nations;(c) Foster respect for international law and treaty obligations in the...
Consideration is a final and necessary component of a contract which something must be in exchange for an enforceable promise. Besides that it is also a necessary component in all simple contracts which are mostly business contracts. If the good or service is legal, any verbal agreement between two parties can form a binding legal contract. The background of the existing duty rule started due to case of ‘Stilk v Myrick' (1809).The purpose of the rule states that one is responsible for...
Sovereignty of Member States after joining European Union structures – does it still exist? The impact of European law on the ‘sovereignty' of Member States is one of the most controversial aspects of its working. Sovereignty is generally taken to be the capacity of a state for independent action both within and outside its own territory. That definition may be broken down into three elements. First, and most importantly in the context of international law, comes external...
In a summary the facts of the case are that Gari, a settlor had the intention of entering a relationship of trust with Ogbolo, his brother as the trustee and have as beneficiary of that trust Melechi-Ede. The subject matter of the trust included any money that Gari would receive from his father's will worth more than £30,000. The facts of the case illustrate also the intention of Gari to create a second trust for the benefit of Melechi-Ede regarding some shares from Mikado Plc. The issue...
The area of law involving the case of Peeta relates to unlawful homicide under the Offences Against a Person Act 1861. Homicide is categorised under “fatal offences” and can be either “lawful” or “unlawful”.For an offence to be lawful, the mens rea for the act does not need to be present. This does not apply to Peeta as he has committed the actus reus and had the mens rea.However, under unlawful homicide, Peeta would be charged with Murder. although there is...
The Nature of Domestic Violence Domestic violence has been defined as: a continuum of behaviour ranging from verbal abuse, physical, and sexual assault, to rape and even homicide. The vast majority of such violence, and the most severe and chronic incidents, are perpetrated by men against women and their children. (Department of Health [DoH] 2000) In most cases the violence is against women by their partners or spouseand affects children belonging to one or both of them. Children...
“Terrorism is a global threat with global effects; its methods are murder and mayhem, but its consequences affect every aspect of the United Nations agenda – from development to peace to human rights and the rule of law. No part of the United Nations mission is safe from the effects of terrorism; and no part of the world is immune from this scourge.The United Nations has a clear obligation to deal with this global threat. The United Nations has an indispensable role to play in providing...
Introduction There have been many changes in working environments and social structures over the years that have impacted on the nature of working relationships. During the industrial revolution and up until the middle of the 20th century the master and servant relationship was used to describe the relationship between a business owner and his workers. The general rules of contract applied as such relationships were deemed to be contractual. The modern terms of ‘employer' and...
The question addresses the element of consideration. Firstly, consideration is a vital component of a binding contract. Good consideration as decided in Currie v Misa (1875) is usually valuable in the eyes of law, by means of profit or benefit to one party, or some loss or detriment suffered by the other party. The main focus is on performance of existing duty. Good consideration in relation to performance within a contract is generally based on the idea of exchange. This is usually the...
Variations On A Theme By The European Court Of Human Rights And The Us Courts: A Dignity-Based Approach To Overcrowding In Prisons And Alternative Punishments Introduction Overcrowding in the Council of Europe and the United States has proved to be a plague that requires emergent solutions, including mostly that of alternative punishments. Previous scholarly work focused on the problem of overcrowding in prisons and the notion of dignity that lies within the prohibition of degrading...