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The International Court of Justice, also referred to as the ICJ, the Court, or the World Court, is the primary judicial center for the United Nations Organization. The Permanent Court of Justice, or PCIJ, was established in 1921 after many international disputes concerning the need for one. The International Court of Justice was then officially established in June 1945 and began its worldwide work in April of 1946. According to its official website at http://www.icj-cij.org, the Court’s...
The opponents of this legislative move argued along the lines that the fundamental feature of an open and democratic society lies in the basic freedoms of association, opinion and expression. The very right to vote is implicit in this and if these votes cannot be altered by dispute or dissent, then the forum of the Parliament lies fallow. Following in the spirit of the aforementioned argument, The supreme court was faced with a challenge to the legislation in the case of Kihota Hollohan v....
The violation of an international obligation causes international responsibility of the States. In this context, a State who commits a unlawful act of international perspective and whose liability has been established under the rules of international law may be subject to sanctions, having also the obligation to repair the damage caused. After the end of the Cold War, the sanctions adopted under the United Nations, and then by the European Union began to be increasingly more frequently used as...
Ownership Structures Ownership structures refers to the various patterns in which shareholders seem to set up with respect to a certain group of firms. It is a tool frequently employed by policy-makers and researchers in their analyses of corporate governance within a country or business group. Generally, ownership structures are identified by using some observable measures of ownership concentration (i.e. concentration ratios) and then making a sketch showing its visual...
Therefore, if the representation did not have some kind of influence on the representee at all, there can be no claim of inducement.[1]For example, the case of Naughton v O'Callaghan[2], where the claimant discovered that the racehorse he had purchased did not have the pedigree described on sale and that the horse performed badly. Naughton purchased the horse, solely reliant on the representations made by the defendant; hence he was able to claim inducement/misrepresentation.Question Part b)The...
A set-off is generally in the form of a cross claim for a liquidated amount and it can be pleaded only in respect for a liquidated claim.[1]When the money is held by the bank in one account and the payer in respect of these moneys owes to the Bank on another account, the banker’s lien and the right of the banker to set off the money by way of adjustment of the accounts gives the bank a charge on all the moneys of the payer in its hands, so that they may be transferred to whatever account...
The summarisation explores many different issues. Firstly whether Paver can claim for his loss of profit will depend on whether he can be estopped. Secondly, whether Charles can rescind the contract due to a misrepresentation made. Also if Charles has a right to terminate the contract due to breach of contract depends upon whether clause 7 can be relied upon, and similarly whether he can then claim damages depends upon whether clause 8 is found to be fair under Unfair Contract Terms Act 1977...
Smartengeld voor affectieschade in Nederland niet gewenst We kennen allemaal wel een verhaal uit Amerika waar advocaten enorm hoge bedragen claimen voor hun cliënt voor immaterieel geleden schade. Stella Liebeck bijvoorbeeld. Stella Liebeck uit Albuquerque, New Mexico zat in de de auto van haar kleinzoon toen ze een kopje koffie van McDonalds over zichzelf heen had gemorst. Ze verbrandde door de te hete koffie van McDonalds' in februari 1992. Ze stelde McDonalds aansprakelijk wegens...
(a) Is the doctrine of consideration “outmoded or even redundant” now and why? To determine the relevance of consideration, we first need to understand the definition of consideration. Consideration is “an act, forbearance, or promise [given] by one party to a contract that constitutes the price for which he buys the promise of the other”. The doctrine of consideration consists of three general rules for consideration to be valid. Firstly, consideration...
An Examination Of Case Presentation Methods And Their Effects On Juror Deliberation In Scottish TrialsThe Cognitive Story Model Introduction Why topic is an interesting one: why we have juries and why they are important, Why continued jury research is important: Cornish, W.R. 1971, The Jury, Hans, V.P. 2008, "Jury Systems around the World", Why do jury research? Chapter 12 by Richard O. Lempert - Inside the Juror Why a jury's ability to follow and understand the case is important,...