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Terms will be implied into contract for one of two reasons: * Because a court in a later dispute is trying to give effect to a presumed intention of the parties, even though these intentions have not been expressed (these are terms implied by fact) * Because the law demands that certain obligations are to be included in a contract irresponsible of whether the parties have agreed on them or would naturally include them (these are terms implied bylaw- usually this will be as the result of some statutory provision aimed at redressing an imbalance in bargaining streght or seeking to protect a particular group- but it can e by operation of the common law).
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I have been asked to produce a report outlining the effect of legislation on contracts for the sale of goods to protect consumers
Cars, washing machines, personal computers are all example of consumer goods. Sections 12 - 15 Sale of Goods Act 1979 imply a range of terms in a sale of goods contract for the benefit of the consumer. IMPLIED TERMS THE RIGHT TO SELL THE GOODS By s.12 (1) there is an implied condition that the seller has the right to sell the goods. There is a Breach of section 12 for example if goods stolen or goods held on hire-purchase DESCRIPTION Section.13 (1) - Where there is a contract for the sale of goods by description there is an implied term that the goods shall correspond with their description.
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I am required to provide an outline description of the effect of the Supply of Goods and Services Act 1982, including the quality and delivery of services, relating them to the service that is required.
If, for example, you employ someone to cure the damp in your house, and they fail to do so, that will only be a breach of the implied term if the damp could have been cured using reasonable care and skill. If reasonable care and skill would not have solved the problem, there is no breach of the implied term (though there may be breach of an express term, if the firm promised that they could eradicate the damp).
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Lawyers are extremely important people that represent people and give them legal advice in court. Without these people, it would be extremely hard to have a well organized law system
People in ancient times used people to represent themselves very similarly to lawyers today. A lawyer is a person trained in the law who is authorized to offer legal advice and represents clients in court. Lawyers are one of the highest paid people in the work force. The annual salary for a medium position lawyer ranges from $40,000-$88,280. When a lawyer reaches the top of their firm or when they are well recognized they can easily earn well over one million dollars. Lawyers also have plenty of benefits. Lawyers can get stock options, group insurance, retirement benefits, sick leave, and paid vacations depending on the firm or company they work for.
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* Moral attitudes tend to change overtime for example homosexuality and woman's liberation. In a modern developed society it is difficult to pinpoint a set of moral values shared by all. Some tribal groups are likely to share a moral code however in a society such as our own where individuals defer widely in social status, income, occupation and ethnicity, the members are unlikely to share identical moral values even if they largely agree on some basic points.
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Critically discuss different possible meanings of justice and explore the relationship between law and justice.
In relation to this, Thomas Aquinas, defined "distributive justice" similar to Aristotle's, stating that people should be treated in the way that they deserve, however, he also believed that people should receive due to their "merit, need and rank" - which can also be associated with one's age. This part of his belief conflicts with Aristotle's view and also Karl Marx's, who that wealth should be distributed "from each according to one's ability, to each according to one's need". Marx's view covered two principles; to maximise one's contribution to the common wealth by making full use of his abilities and to receive according to his need, irrespective of the personal contribution one has made to the production process.
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I don't agree with this statement. I'm not saying it's the best site for research on the web and certainly not the most credible but, it can point you in the right direction aswel as giving you a great starting point from which to develop your research. Wikipedia allows anyone to edit the content on their website just by simply creating a free account. Straight away we can see the potential problems that might occur from using this site, the information you see might not be as accurate as first thought.
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The provincial government is responsible for provincial issues such as social services, natural resources and prisons. The Municipal government takes care of issues such as road repairs, garbage collection and snow removal. The process of a party coming to power in Canada is very diplomatic as the leading party is only in power through fair elections with every Canadian citizen over the age of 18 having the right to vote. There are 307 constituencies in Canada, which represent each region of Canada. Each major party has one representative for each constituency, and the member with the most number of votes wins a seat in the House of Commons and becomes a Member of Parliament.
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It is illegal to copy peoples work copy DVD'S, songs or artwork. What does it try and do? Copy right try's to copy your work and people will make it as there work and they will say it is their wok instead of yours. For example: if you upload a picture o an website and someone takes it and copies and win the entry of your work that is wrong you should always have proof for your work along with all the files you used to make the picture like paint or photo shot.
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Nuclear power is generated using uranium; a metal obtained from ores mined in various parts of the world. Nuclear power produces around 4% of the world's energy needs, and produces huge amounts of energy from small amounts of fuel, without the pollution that arises from burning fossil fuels. (http://www.darvill.clara.net/altenerg/nuclear.htm) As shown by the pie-chart, the majority of power of today is created by non-renewable fossil fuels which are oil, coal and natural gas. So there needs to be another source which can be used which will last much longer than the fossil fuels.
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The capacity of a minor to enter a contract is still regulated by the common law, and modified by the Minors' (Property and Contracts) Act 1970. The general principle is that a contract between a minor and an adult is binding on behalf of the adult but not on the minor. If, after attaining his majority, he ratifies it through an act confirming the promise he made when officially a minor, he is bound legally to the contract. There's no need for consideration for the act of ratification.
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that arise from it on paper, this was the first method of case law and was by far the most common way of jurisprudence hence the title 'common law'. This is the first instance of law although there have been a similar system of punishment around different ancient cultures and religions, most notoriously being the ancient roman custom of stoning and crucifixion. This system of punishment was unfair, unjust and did not provide the defendants the opportunity to prove their case fairly and without pre-bias and prejudice.
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Also the word wound means to break all the layers of skin to cause the victim to bleed so a defendant that causes a small cut can be charged with GBH instead of ABH because a wound is classed as GBH. The word inflict should be used instead of cause in respect of GBH, inflict has a less serious meaning than cause which has now been established in R v Burstow. Another criticism of the non fatal offences act is the hierarchy of the non fatal offences according to seriousness.
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Get all of your materials 2. Place the beaker on the balance and press "on" or "reset" 3. Put 25ml of water in the beaker and put it back on the balance 4. Make a chart to record the data and then do so. 5. Find the density by dividing mass by volume, however far off from 1.00g/ml it is, is how much of an error the balance can have. 6. Repeat steps three though five for the rest of your liquids.
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Many people might be experiencing huge amounts of pain, be it from an illness or an accident, or are anticipating pain in the later stages of their illness. They might not want to go through this ordeal, and die as a happier person. They may see it unnecessary to go through so much pain and do not wish to rely on painkillers for relief. Fear is another element tied in with this as if a person knows that they have to go through such hardship, and that (if its terminal)
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Fundamentally justice is the protection of rights of individuals. It enables freedom and maintains order and equality within a society. It aims to create fairness and quality to all, throughout society. Achieving Justice: Achieving justice throughout the entire world is a current problem within today's society. For this to happen we would ultimately have to create a Universal Jurisdiction where all countries abide by and enforce legalities accordingly. However due to the fact that at this moment in time not all countries are equal we would first have to create equality between each and every country.
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Although a just law may be providing equality it doesn't always occur that way. For example, a wealthy person may be able to afford legal representation, but those people who can't afford legal representation will be disadvantaged and will not have an equal opportunity before the law. * Maintains a link to religious or ethical precepts: The common law legal system is the product of various historical influences, many of which were the religious and moral viewpoints of different times.
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A statement or interview made to the police is admissible for a person under 18 unless there was a sovereign adult present. All offences are heard in the Children's Court except very serious criminal cases. A child under 16 found guilty of an offence in the Children's Court will not have a criminal conviction recorded against them. The number of young people in custody has significantly increased since December 2007 due to various factors including age, gender, and the types of offences.
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Mens rea is the Latin term for "guilty mind" and it is usually one of the important constituent of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase; actus non facit reum nisi mens sit rea, this phrase means that "the act does not make a person guilty unless the mind is also guilty". Mens rea is very important because without it the crime could not be considered to be an accident.
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and the Children Act, 2004 (Cth) have set in motion an agenda that looks to the increasing the volume and effectiveness of child-protection services. The UK Government is a signatory to the United Nations Convention on the Rights of the Child (CRC) and despite the fact that it is not incorporated in the domestic legislation, yet has a growing influence on the Government's commitment to the rights of the children. But this has brought a peculiar problem for the policy makers as it has been observed that there is a growing divide between the family represented by the parents and children.
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All these things are reflected in the high incidence of poverty which is among the highest in Europe. As of 2003, 21% of Irish population was receiving an income below the risk of poverty line and this could be compared only with the situation obtaining in Greece and Slovenia within the EU (Eurostat). But what cannot be compared is the fact that the economy has been witnessing an unusual boom which is reflected in growth of the GDP. The drastic cuts in public spending carried out by Fianna Fail with the implicit support of other parties may no longer hold water.
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This article is very similar to that of the First Amendment of the United States' Constitution. This amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Freedom and basic personal liberties such as these are widely exercised in many worldly constitutions. However, this is not the only shared characteristic that the U.S. Constitution shares with those of the rest of the world.
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Using the death penalty as a source of revenge is incorrect in that justice still is not served. Killing one for killing another does not make up for the death of the victim. According to statistics, the majority of those sentenced to death were poor. Court-appointed lawyers were given to the accused since ninety percent were unable to afford a lawyer themselves. Is it unfair that well-off murderers can escape the death penalty for being able to hire a lawyer while the poorer, unable to pay, are executed. Contradictory to what most people think, states with death penalty have higher homicide rates in general than those that do not.
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Situation similar to Escola v. Coca-Cola Bottling Co where a bottle with drink fell apart in pursuer's hands. However, simple existence of a chance to examine product is not enough to be held discharged from duty12. More important issue within this subject is whether manufacturer gave the consumer a warning so that some extend of danger can be reasonably expected.13 What is more, in situation when examination has not been performed successfully, defender will still be held liable for the defect on basis of Voli v Inglewood Shire Council 14 where architect of building which happened to collapse, was find guilty of negligence despite of public authority's inspection that failed to detect the flaw.
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Mens Rea means a guilty mind and refers to the intention element of the crime. Each offence has its own mens rea e.g. the mens res for murder is the 'unlawful killing of a human being with malice aforethought, this means that contrary to common law the defendant must intend to kill or cause grievous bodily harm whilst the mens rea for theft is dishonesty with the intention of permanently depriving as cited in s1 Theft Act 1968.
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