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Trust Law and Trustees
(a) A trust is created by will in the same way as any other declaration of trust. Providing the requirements of section 53(1)(b) and (c) Law of Property Act 1925 are complied with then the trust is prima facia valid. Foregoing examination of certainty of objects, subject matter and intention we shall consider that the will and trust implemented by Keir's will is valid. Consequently the will trust, that does not make any provisions for the powers of the trustees, will be governed by (amongst...
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Unlawful detention of alex mendez
Issues (1) Is Jmart is liable for the false imprisonment and/or unlawful detention of Alex Mendez (herein referred to as “Mendez”)? (2) Did Jmart have reasonable grounds to detain Mendez? Breif Answer A court is likely to find that Jmart is not liable for the false imprisonment and/or unlawful detention of Mendez. Based on Donald v. State, 875 N.Y.S.2d 435 (2009), in order to establish one has been falsely confined, a claimant must prove that (1) the defendant intended to...
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The council of europe and eu acquis
What Is Coe ? Differences, Overlaps And Links Between The Council Of Europe' And EU Acquis The paradox is that the EU requires from candidates compliance with vaguely defined ‘rule of law' standards when itself it has no competence (art. 2-6 TFEU) to deal with those matters. That's why it keeps on borrowing legal standards from the Council of Europe (CoE). There are basically speaking two areas where the CoE standards are adopted as a basis of the EU acquis: the fundamental...
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The recovery of compensation
“The Law On The Recovery Of Compensation For Pure Psychiatric Harm Is A Patchwork Quilt Of Distinctions Which Are Difficult To Justify”, Lord Steyn, Frost V Chief Constable Of South Yorkshire Police [1999]2 AC 455 1T 500. Discuss This Statement In A Critical Evaluation Of The Common Law Duty Of Care For Negligently Inflicted “Nervous Shock”. Introduction This essay aims to provide a critical evaluation of the common law duty of care for negligently inflicted...
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Money is the oxygen of every economy and the survival
Scarce resources such as money is the oxygen of every economy and the survival of every nation depends on the availability of financial and economic resources. Furthermore, it is interesting to understand how the immediate financial and economic crisis originated. Therefore this essay will explain and distinguish between the long-term trends extending over the last three decades and more immediate factors that have led to global financial and economic crisis. This essay will also highlight the...
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Discrimination law
Discrimination Discrimination in employment is unlawful in certain circumstances. Outside those situations there is no law against discrimination. E.g. There is no law against discriminating against smokers so it is fine to have a policy of recruitment of non-smokers only but not to recruit men only.In Great Britain there are laws concerning discrimination on the grounds of sex, marital status, race and union membership. Also the Disability Discrimination Act 1995 introduces new...
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Relationship Between Morality And The Law
This essay will look at the issue of the relationship between morality and the law. The emotive topic will then be illustrated by looking at whether voluntary euthanasia should be legalised in England. The arguments for and against euthanasia are examined against a background of the various moral theories which clutter the topic.Voluntary euthanasia is when a person with a terminal (incurable) or serious progressive illness asks for their life to be ended by a doctor, or carer, which can...
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Deciding a case which has similar material facts
In 2010, Mr. Justice Peter, a high court judge sitting alone, in deciding a case which has similar material facts to one facts to one decided by the Court of Appeal in 2009. Can he decline to be bound by this decision? Discuss.What do you think are the strengths and weaknesses of the case law as a source of law? Discuss.On the 29th October 2010, Steven advertised in the NewFocus Paper, “Yamaha Piano latest model, excellent condition, RM15,000, interested please call 016 1234567”.On...
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Public opinion and juvenile justice
Farley stated: “Attitudes and relationships are caused by the nature of society and the nature of social positions of groups within society.” The perspective or manner in which we look at a question or problem to determine the types of questions to ask about a particular topic determines the kind of answers received. The perspective includes a theory or a set of theories describing what we believe to be true as well as values, stated or unstated, concerning potentially controversial...
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Impact of globalisation
Books: Barnard, Catherine, et al. (ed.), 2004, ‘The Future of Labour Law', Hart Publishing, Oregon. Humblet, M. et al., 2002, ‘International Labour Standards: A Global Approach', International Labour Office, Malta, 1st Editon. Jetli, N.K., 2004, ‘India: Economic Reforms and Labour Policy', New Century Publications, New Delhi. Online Sources: Achieng, Judith, 1998, ‘Who's To Blame For Negative Impacts Of Globalisation?', available online at...
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