Law Essays

France has been a party to the World Health Organization Framework Convention on Tobacco Control since February 2007, 2005. The ratification of the framework meant that France had to regulate practices linked to tobacco products and processes. Tobacco advertising is the promotion of tobacco use or products, especially cigarette smoking, by the tobacco industry through the media.

Businesses are free to enter into contracts on whatever terms the parties deem fit. However, the contracts involving sales of goods are managed using a range of legislations. In the UK sale of goods contracts between businesses are governed by the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, and other international instruments.

In economics, the basic concept of rational decision-making posits that individuals act rationally (a) so as to maximize their personal welfare (b). This assumption is implicit and assumes that individuals have perfect information to the extent that they are capable of calculating and weighing up the consequences of choices available to them.

Many people and business organizations have found themselves on the wrong side of the law due to a lack of understanding of the basic factors of Australian law. Due to the introduction of internet technology, spam has become a major problem. Marketing companies and individuals misuse internet technology by using spam to advertise their products.

Australia is a former British empire and consequently, a member of the Commonwealth operates under the act of constituting the Commonwealth of Australia which was formed after it was liberated from being a British empire. This act states that the commonwealth must be established in Australia and that its constitution must be adopted in Australia.  

When the International criminal court was created, nations, NGOs, and international society had expectations that the Court would be the solution to impunity and offer multinational accountability for international crimes. Almost a decade is gone and those expectations have not been met as a result of the inability of the ICC to prosecute suspects.

Kosovo is a province in the constituent part of the Yugoslavian Republic within Serbia. Kosovo conflict was used to refer to two parallel and sequential armed conflicts in Kosovo. The first conflict occurred from 1998 to 1999 between the Kosovo Albanian rebel guerillas and the Yugoslav military, Yugoslav paramilitaries, and Yugoslav police forces.

A number of conventions were adopted across the world, in order to control the abuse and trafficking of drugs. Chief amongst these initiatives, which are in force, are the Single Convention or the United Nations Single Convention on Narcotic Drugs, 1961; the Psychotropic Convention or the United Nations Convention on Psychotropic Substances, 1971.

Andrew Corkhill in his article talks about the nondelegable duty of care, which lies under negligence in the categories of the broad law of tort also applicable in Australia. Other categories in the law of tort include statutory torts, nuisance, defamation, intentional torts, and economic torts just to mention but a few.

Kuwait was accused by Iraq of stealing its oil through slant drilling. The main reason behind this invasion was the inability of Iraq to pay its debts whereby Kuwait had for 8 years funded Iraq during the Iraq-Iran war. Reluctance by Kuwait to pardon the debts led to some strains between the two Arab countries which finally led to war by Iraq.  

Drug trafficking is the prohibited production and distribution of illegal drug substances and the money involved in these processes, it is generally an illegal drug business. Drug trafficking is a globally based underground economy on the production, manufacture, and sale or distribution of substances subject to the laws prohibiting drugs.    

Human rights include protection from discrimination, freedom from diction and arrest, and freedom from torture. There are two types of fear experienced by a person who is seeking asylum. Subjective fear is the belief that what the applicant for asylum states is likely to happen in case he returns to his home country.  

The inquisitorial system is a lawful practice that aims to find out truths while concurrently representing the benefit of the state in a trial. It considers the judge not to be the passive recipient of the information but is basically responsible for supervising the process of gathering the evidence needed to solve the case.

The criminal justice system in Italy is based on the modified Roman law which was formulated by the Napoleonic code in 1810. The principles of the code included taking the accused to trial before punishment, proportionality between punishment and crime, eliminating secret accusations, and clarity of the law.

The law generally provides the Fire and Rescue Service with guidelines to guarantee the safety of the community. Emergency organizations like the Fire and Rescue Service need to follow the law and fulfill the requirements such as increasing efficiency through modernization and effective risk management. 

Mediation is the process whereby parties in conflicts can reach an agreement. The parties’ solution does not need to be governed by the fixed principles of law in coming up with a unique solution. The mediation process utilizes various techniques of negotiation. A mediator is involved in facilitating the parties during the process of negotiation.

Bank managers in the UK may take deposits and pass them along related business or rather friends; this discourages many business initiatives and individuals with innovative ideas from improving and realizing their economic condition. A formal econometric survey shows that banks exert an impact on economic growth.

It is worth noting that the law of Florida was influenced by those of other nations as well, not only those of England and Spain. In the 1700s, the State of Florida was governed by three different European powers comprising Spain, England, and France. Literally, the State has paid allegiance to all these flags (McGovern 2008, p 588). 

The important aspect that describes the function of the World Trade Organization is the fact that it oversees the implementation, administration, and operation of agreements made under its umbrella. It as well provides a forum through which disputes between countries that appertain to trade can be negotiated to foster their settlement.

The world has been engulfed in a global crisis and economies are looking for ways to come out of the downturn. This is creating a situation where the growth rates are depleting. The prime reason for it has been the recession which has engulfed the entire globe. The recent economic crisis has highlighted the importance of corporate governance. 

Taxes are very important to the government as they form the major source of revenue for state funding and government expenditures. Taxes are not optional but they are compulsory obligations that the residents or citizens of a certain nation should pay to the government (Harvard Law School and Brudno, 1958).  

Terrorism has no definite description but a thing that is of common view from all the people is that there is a connotation of evil and brutality and violence in the act of terrorism. It is an act that is carried out by terrorist groups on legitimate governments and they seek to destroy the political systems of these governments.

According to studies on the financial crisis, there were inconsistencies in the corporate board’s responsibilities to provide strategic direction and oversight towards the operations of their companies. Further, the existence of remuneration structures that promoted risk-taking approaches among managers has been blamed for the crisis.  

It’s well known that insurers are the best risk-takers. In as much as most insurance firms work within some tabulated risks, it reaches a point where too much risk becomes questionable. With the developments by insurers to include medical and health matters in their wide list of insurable patterns, questions arise on what extent to risk.

The accord established a global standard for assessing the financial soundness of banks and required banks to maintain a minimum ratio of capital to risk assets because many banking experts believe that this accord could become the primary tool for strengthening the safety of international banking”. 

A business strategy is usually employed as the foundation for designing the plan in order to offer an analytical look. The plan is not usually intended to act as a log of each change of personnel that occurs throughout the year but as a means of ensuring enough and appropriate human forces is available.

Companies Act 2006 is the law that regulates corporations. Companies are also regulated by the corporate governance code, the Insolvency Act 1986, Court cases, and European Union Directives. Considering all the laws governing these organizations, companies are legal bodies that run and organize businesses. 

Careful fire assessment plans, compliance with various legislations and laws on fire safety, development of well-planned & engineered fire situations prevention measures, and proper response measures by trained personnel on fire management play an important role in reducing the risk and potential damage caused by fire (Allan, 2009). 

The report highlights the challenges facing personal privacy and ways of overcoming such challenges. These challenges may be faced over the internet or on the ground when an individual is interacting with others or is in his own activities. These challenges come because of the improvement in technology.

Foreign direct investment into China has risen to 6% from the last year’s growth. The major contribution of the rapid foreign investment into china is the rising economic growth. There is increased investor confidence because China creates an enabling environment for investors. The ministry of commerce in China indicated recently that incoming direct investments into China reached $800 billion by the end of the year 2012.  

The employee of the local council is an agent of the local council. All his acts and/or omissions, while on duty are the acts and/or omissions of the local authority. In this case, the employee is placed in a position where Ellen could reasonably rely on his judgment and his (employee's) ability to make a careful inquiry. She asked several questions, including a question about building work in the area. 

Surrogacy has become a contemporary contentious issue not only in Australia but also in many other countries (Trowse, p. 199).  Complexities arise when surrogacy agreements cannot be enforced.  Differences exist among bioethicists, legal professionals and policymakers on payment made to surrogate mothers, commoditization of children and other issues that arise after the child is born.

As Lee (2002) observes, over the past three decades, China has seen a remarkable economic growth rate. In 1978, the series of institutional changes ultimately led China to become the fastest-growing market economy due to its economic reforms. China’s real GDP on average has grown by 8-10% each year and this has been brought about by investments from multinational firms.

It is essential to state that English company law, derives most of its laws from common law practice, statutes, and precedents set by the courts. The case presented requires the legal analysis of company law including insolvency, the duties of a director, the role of a liquidator, and the winding up of a company.

Copyright is part of the law that is based on the possession and usage of one’s work of literature, soundtracks, or art. The main objective of copyright is to enrich the community’s treasure of culture and info. This implies that for such actions, copyright grants special privileges in the misuse and promotion of one’s art as a motivation to the ones creating it.

Corruption in Nigeria has been increasing in terms of quality and intensity, which has had devastating effects on human development. Today, there are millions of Nigerians who are living in abject poverty and are uneducated largely due to poor management of national wealth, and natural resources and embezzlement of public funds. Corruption in the Nigerian society is one of its greatest threats.

It is a long-standing principle set out in Salomon v Salomon & Co, that a company is a separate legal entity from its shareholders and promoters. A company once incorporated, has the ability to sue and be sued, acquire property and do all actions that a legal person can do. In short, it is a legal person with rights and capable of accruing duties and liabilities under the law.

In 2005, the government released an environmental sustainability framework aiming at creating a sustainable Victorian state within the generation. Dealing with climate change, improving material efficiency, and increasing energy and water were the key objectives of the environmental framework, which introduced the need for conserving the environment together with the necessary plans in the industry.

John, a sales representative of Dubious Connections Pty Ltd, which was engaged in selling telephone contracts, accosted Nathan and convinced the latter to buy a telephone contract. John was aware that Nathan was unable to understand most of what he was describing to him regarding the offer of his company.

Unfair dismissal constitutes any dismissal that an employer can take without any valid reason. Critical considerations are taken when an employee was not given a warning for improvement or performance. There is Small Business Fair Dismissal Code that is applicable in this case to guide in knowing the legal action that can follow an employer if unfair dismissal is established as in s 388.

The case of the Trustees of the Roman Catholic Church for the Archdiocese of Sydney v Ellis & Anor [2007] herein Ellis, was heard and determined by the New South Wales Supreme Court. The court considered legal issues such as the vicarious liability of the archbishop of the Archdiocese of Sydney (herein the Archbishop of Sydney) and the Trustees of the Roman Catholic Church in the Archdiocese of Sydney.

Business Law has several rules under it. Examples include; the National Consumer Credit Protection Act 2009, the Consumer and Competition Act 2010, and the Law of contract, among several others. There are regulations that govern these laws. The Retail Trading Act 2012 revolves its regulation in and around businesses that deal with the retail section.

The Commonwealth parliament is usually tasked with the responsibility of governing the states and this includes the formulation of relevant legislation. This is attributed to the fact that the Commonwealth parliament is in a better position to address the problems facing a particular state compared to the state parliament.

Taxation covers and includes all that a government imposes upon an individual, and this is aimed at serving or for the service of the state. Taxes are divided into two classes: indirect taxes and direct taxes. Laws and policies that direct the process of tax, together with rules, are covered by the tax law.

The four-step process is used in this paper to discuss the element of consideration and whether this consideration was applied in Luke’s contract with Birchall. The first step of the process is to identify the principle of law. The principle of law for this case is that there must be consideration between both parties when making a valid and legally bound contract.

The global society is experiencing drastic and steady changes in the 21st century. In this regard, it has become imperative for the respective societal structures to subsequently adjust in order to align them with the changing and dynamic societal needs in the new age. The 21st century is defined and characterized as the information age.

A collateral warranty is mainly popular in the building industry. The principal contract in the collateral warranty is a building contract with a consultant or sub-contractor. A collateral warranty is normally provided by an individual or company appointed under the principal contract, such as a subcontractor or consultant, a third party who is not a beneficiary under the main contracts.

Generally speaking, Lewis and Lewis (2011) define technology as the application of soft and hard science materials, methods, and knowledge in practicing arts and skills. From the definition, it could be reasoned that a distinction exists between soft (social) technologies and hard (physical) technologies.

Asia Books Pty Limited enters a contractual agreement with Business Education Limited. In this case, the purchasing director acts as an agent for the principal (Business Education Limited). Therefore, the two parties, Asia Books Pty Ltd and Business Education Ltd have legal obligations to illustrate in this case as expressed under different grounds and in compliance with the Company Act.

Corporate governance defines how things should be done, and one of the supporting components is the Remuneration Committee. The Remuneration Committee aims at determining remuneration arrangements for strategic purposes and to allow businesses to recruit, retain, and motivate senior executives will ensure compliance with the requirements of governance and regulatory bodies.