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The essential principle of the HASAW contained within the framework of the statute concerns the prevention of accidents.Infringement risks criminal prosecution.The Act(1974) cannot remove risk,but asks of employers to consider carefully what possibilities could arise and prepare judiciously any actions required to deal with such hazards when they arise.Damages from prospective plaintiffs are usually linked to negligence and occupiers’ liability,for a fitness facility.Refer to Appendix...
Today approximately 100 years after a frail craft made of metal, wood, and fabric struggled into the air and carried a single passenger 120 feet , the world is enveloped by a network of air routes. In 1945, 9 million passengers travelled by air, which represented less than one-half of 1 percent of the world’s population at that time. Fifty years later, over 1.25 billion passengers were carried, equivalent to approximately 25 percent of the world’s population. The air has literally...
In determining whether an agency in the legal sense exists, the court looks at the authority of the supposed ‘agent’ and other aspects of the relationship between the parties. Discuss, with reference to the Contract Act 1950 and relevant cases, how an agency may arise.According to Contract Act 1950, an agency’s authority may arise in a five ways, by expressing appointment by the principal, implied appointment made by the principal, ratification by the principal, by necessity...
Introduction In recent years many countries and organizations introduced an aggressive campaign against tax havens. The main cause of these campaigns was the financial crisis that hit the entire world. While tax havens are not the main cause of the financial crisis, many countries have the opinion that tax havens have a great share in the global financial crisis. Therefore, the G20 put the spotlight on tax havens at their convention in London in 2009.Furthermore, the Organization for Economic...
What role does international law play in international business? Businesses increasingly turn to binding arbitration(1) as a mechanism for dispute resolution. This is manifest not only in the number of arbitration cases, but also by the growing utilization of arbitration clauses in contracts and the expansive variety of transactions that are covered by these agreements.(2) The judiciary has played a role in furthering this interest and activity by enforcing contractual arbitration clauses(3)...
There were certain issues raised in the course of this work and which will be discussed below:ARGUMENTS RAISEDWith regards to the first argument made by Mark, that he was misled by Carl into believing that the charge was for a smaller amount than was the case. From the facts of the case, it can be seen that Carl told Mark a different story about the need for a charge over the house to secure £100,000 of lending, he also lied that the premises were to be bought freehold, and were valued at...
Introduction The purpose of this study was to assess the existence of disproportionality of minority vs. non-minority youth involved with the juvenile justice system. The study examined the impact of racial/ethnic identity on juvenile offenders by comparing the results between minority and non-minority juvenile offenders to determine if there were differences in the types of criminal offenses committed, and the disposition received from the Franklin County Juvenile Court.Since the early 1970's,...
The purpose of this essay will be to explore the function of the jury and its role within the Criminal Justice System. The proposition in the essay will be to advance that trial by jury is not the appropriate means of determining a certain class of criminal case, namely complex trials for example fraud cases and triable either way offences (TEW), at present prosecutions are in three categories. Those such as murder or rape automatically go to the crown court and the lesser offences dealt with...
A gas explosion caused by a broken LPG gas pipe happened at House K17, Stage IV Marina Cove at the Hebe Haven in Sai Kung (“Site”) at about 11:30 am on 11June 2007. Mr. Cheung Wai Yick, the applicant in this case, was a decoration worker, working in the Site and then be hurt by this explosion which cause his lower limbs sustain to be burnt. So he claimed Mr. Lau Kin Wing, the respondent in this case and also hurt by this explosion, for compensation under Employee’s...
This section deals with employment in the public utility service and the requirement of due notice in writing for the commencement of a strike or a lock-out. The section prescribes six weeks notice and also time limits for actual commencement of strikes and lock-outs, as the case may be. Pre-requisites for Section 22 To make out a case of breach of S. 22, two important requirements have to be set out and proved, namely:-that the concern in which a strike took place is a ‘public utility...