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In the case of Murphy v Brentwood, the defendant being the Local Authority had failed to inspect the foundations of a building. The foundations were the result of the building being unstable. The plaintiff could not afford the repairs and had to sell the house at a considerable loss. The loss made on the house, the plaintiff wanted to recover from the Local Authority.In the case of Anns v Merton 1977, the ground for actions and any defences was if the local authority were bound by a duty of...
Law is the rules in the social hierarchy; it is relationship between people in social norms. The basis of law is existence on justice and the coercive power of the state.Western scholars believe that everyone has their own freedom in the world. Human also need a set of rules to maintain social order, therefore human creation of law and established public agencies responsible for enforcing the law. This public institutions, we call it government.Government and people in the legal level is the...
Introduction Commuters in this particular town have complained about heavy vehicular traffic, the solution to address this delicate problem is to build two underground roads that will cross the city in the north-south and east-west directions. This report will give the client the informed advice which is required for him to make a final decision on the go ahead of this project. Executive summary This report will advise you of the applicable issues which will need to be considered if you are...
The ONGC v. Saw Pipes Judgment has been widely criticized by all quarters of the legal fraternity, and rightly so. This ruling, by expanding the ambit of ‘public policy’ as a ground for setting aside arbitral awards, has negated one of the primary purposes for which the Arbitration and Conciliation Act was formulated, i.e. of giving finality to a judgment and has subsequently, paved the way for second guessing arbitration decisions. This Article deals with the abovementioned case in...
For Cara to successfully sue Fab Fizique, she must first establish that a contract existed between them.Cara’s must prove that there is an agreement – with an offer and an acceptance, plus an intention to be bound, and consideration. The offer must be made by one party which is accepted by the other – at which time, the offering party is bound without further negotiation.In this case, any potential agreement is one of a commercial nature between a business and a consumer – so there is a...
A SUNDERLAND waste company has been fined £15,000 following the death of one of its workers, who was struck by a vehicle at a recycling yard.David Liddle was hit by the vehicle as he walked across the yard operated by Alex Smiles Ltd in Deptford in December 2007. He died instantly.The driver, James Johnston, had already admitted driving the vehicle by instinct, unable to see in front of him due to the size of the load of wood he was carrying. He is due to be sentenced next month after earlier...
The main role of GATT in the international trade was regulating the contracting parties to achieve the purpose of the agreement which were reducing tariffs and other barriers, and to achieve the liberalization in international trade. The role was reflected in following aspects:Firstly, GATT established a set of standard to guide the contracting parties to participate in international trade practices. GATT stipulated several of basic principle to conduct the contracting parties in international...
In seeking to consider as to how the implied powers of international organisations serve to develop international law, this essay seeks to consider the position in this regard through an evaluation of the example of the World Trade Organization (henceforth, the WTO) and as to how it has helped with the development of international law through its remit specifically regarding aspects of international trade and related issues. With this in mind, it is first necessary to discuss as to how and why...
Misconduct has not been defined either in Industrial Disputes Act, 1947 or in Industrial Employment (Standing Orders) Act 1946.Oxford Advanced Learner’s Dictionary gives the meaning of misconduct as unacceptable behaviour, especially by a professional person[1]. But the dictionary meaning is not indicative of the diverse forms of connotation that statutes and judicial pronouncements have carved out of it. Black’s Law dictionary defines ‘Misconduct’ as “A...
Is poverty the reason for criminal activity? Poverty Povertyis being unable to affordnormal human needs, such asclean water,nutrition,health care,education, clothing and shelter.This is also calleddestitution.Povertyis the condition of having fewer resources or less income than others within a society or country, or compared to worldwide averages. About 1.7 billion people live in absolute poverty (destitution). Poverty is sometimes seen as astate of mindand a lifestyle, more than just...