Property Law Essay. Victorian and ACT Human Rights Acts. The law of residential tenancies is wholly governed by the Residential Tenancies Act 1997 (thereafter RTA). Its jurisdiction lies primarily in the VCAT.
INTRODUCTION One of Parliament's reasons for enacting the Charter of Human Rights and Responsibilities (thereafter 'Charter') was to better protect an individual's human rights.1 Its phrased implementation meant that while the rest of the Charter came into force on 1 January 2007, the obligations on public authorities and remedies afforded enters into force on 1 January 2008.2 The law of residential tenancies is wholly governed by the Residential Tenancies Act 1997 (thereafter 'RTA'). Its jurisdiction lies primarily in the VCAT.3 Given its functions,4 the VCAT is arguably a 'public authority'5 under the Charter.6 Since the Charter governs interactions between Government and individuals and not between individuals or organisations,7 this essay deals only with landlords exercising public functions8 like the Director of Housing in its provision of public residential leases. Given the sheer number of RTA provisions, this essay does not dwell into specific RTA provisions to avoid an arbitrary analysis, but identifies three main areas which the Charter may affect the RTA's general operation9 - an obligation to interpret RTA provisions compatibly with human rights,10 obligations on public authorities to act compatibly with or decide with consideration given to a human right11 subject to the test of limitation on a human right12 (thereafter 'proportionality test') and remedies
Land law. The purpose of this paper is to present an analytical and investigative study to examine the relationship between the identification of the causes of incomplete contracts and the extent to which this can help protect business interests. To asses
Contents PROTECTION OFF CONSUMERS WHEN CONTRACTS GO UNPERFORMED 1 Contents 2 INTRODUCTION 3 CHAPTER ONE 7 THE SOURCES OF CONTRACT LAW UNDER ENGLISH AND AMERICAN LAW 7 IMPACT OF THE SOURCES ON THE DEVELOPMENT OF AND CHANGES IN LAWS 8 Changes in Law and Interpretation 9 CHAPTER 2 9 INCOMPLETE CONTRACTS 9 CIRCUMSTANCES THAT LEAD TO NON-COMPLETION 10 Agreement 10 Discharge by Frustration 11 Breach of Contract Terms 13 Performance 14 COMMERCIAL CONSEQUENCES OF INCOMPLETE CONTRACTS 15 Case Study Scenarios 18 Intention 19 PRINCIPLES THAT MAY BE APPLIED IN EACH CIRCUMSTANCES 20 Intervening Impossibilities and Frustration 20 Force Majeure Clauses 21 Non-performance 22 Breach of Contract 24 Legislations 24 Remedies for Non-completion of Contracts 25 CHAPTER THREE 26 RECOMMENDATIONS FOR FUTURE RESEARCH 26 CONCLUSIONS 28 INTRODUCTION Over the last few decades, a great deal of research attention has been dedicated to the study of contract law. The field of incomplete contracts in relation to commercial consequences and the measures that companies can take to secure their positions are is still in need of further study and research. , not least because of constantly changing business, legal and technological environments. The impacts of possible changes in business laws and policy have a major significance in dispute settlements, such as those occasioned by
In his article, Du Plessis does a comparative review of the law of unjustified enrichment in the South African and Scottish jurisdictions and finds that in both these jurisdictions, unjustified enrichment has the following similarities:
THE SINE CAUSA REQUIREMENT REVISITED TABLE OF CONTENTS . Introduction 4 2. A short historical overview 5 3. Comparative law 5 4. The way forward: South African law 8 5. Conclusion 11 6. Bibliography 12 INTRODUCTION Du Plessis, in his journal article1 (and in reference to Scottish law) poses the question of what the notion of absence of legal ground is supposed to mean, and what its' meaning entails on a general level. He concludes that "The Scottish and South African legal systems are currently faced with important choices about the direction that the future development of their mainly civilian uncodified laws of unjustified enrichment should take. An important question which arises in this context is what meaning they will give to the core requirement that enrichment has to be 'without legal ground'."2 It is this meaning, and the context or substance given to it that forms the essence of this discussion. HISTORICAL OVERVIEW Obtaining guidance from Roman law sources as to exactly what sine causa entails proves however problematic as unjustified enrichment was not recognized in Roman law as a source of obligations. In Roman Dutch law the position changes when Hugo Grotius in his Inleidinge tot de Hollandsche Rechts-geleerdheid3 formulates an obligation from enrichment as arising "when one person without legal title
'Should we be tough on crime or tough on the causes of crime?'
Assignment 4 Research Report 'Should we be tough on crime or tough on the causes of crime?' The group presentation was based on the topic 'should we be tough on crime or tough on the causes of crime?' This title is very broad and could refer to a wide scope of areas within the subject, so the topic was narrowed down, so our group focuses on Youth offending. Youth offending is a very familiar subject, local newspapers seem to be dominated by crimes committed by young people. The aim of my part of the research was to explore the social trends in a delinquent's life to find out what causes young people to turn to delinquency, by providing reliable and valid information. The objective was to find out from this information whether 'we should be tough on the causes of crime', to see where the main problems are rooted. From my preliminary reading on crime, I know that crime stems from economic inequality, that major violent crimes take place in inner city areas, mainly in council estates, committed mainly by young males aged 16 - 24. The method of researching consisted of secondary source analysis (newspaper article; textbooks). The secondary source analysis entailed library-based research in order to identify relevant theories of youth offending in criminology. One other significant resource utilised in this research was the Internet, which was convenient for downloading
Compare and evaluate the success of the drug control policies of Sweden and the Netherlands.
Compare and evaluate the success of the drug control policies of Sweden and the Netherlands. Sweden and the Netherlands are seen to be at the opposite ends of the spectrum concerning drug policy. The Netherlands adopts a very liberal approach while Sweden adopts a harsh repressive policy. However both argue their policy is the best method and have been successful in dealing the with the drug problem. This question is important as we are at a time where the European Union (EU) is making large efforts to make a unified policy on drugs for all member states. However this is near impossible with such contrasting methods, aims and ideology for drug policy in Sweden and the Netherlands, with many other states following one or the other. This essay will compare and evaluate the policies of both states' drug policy and will argue that even though on the surface both countries are successful, the Netherlands' liberal approach has been far more successful than Sweden's repressive approach. The essay will be divided into three sub-sections. The first section will be concerned with detailing the drug policy of both Sweden and the Netherlands. The second section will examine the success of the Netherlands' drug policy as well its failures. The third section will examine the success of Sweden's drug policy but through evaluation and details of failures will argue that in reality
The Theory of Monotropy and the Law.
The Theory of Monotropy and the Law. Bowlby (1951) argued that infants form a special relationship with their mother, which is qualitatively different from the relationship which they form with any other kind of person. Bowlby described this as the process of monotropy. By a mechanism which he saw as very similar to imprinting, Bowlby considered that the young infant developed a firm attachment to its mother within the first six months of life, and that if this attachment or bond was then broken, the infant would suffer serious consequences. Part of Bowlby's evidence came from his study of forty-four juvenile delinquents. These were adolescents who had been caught stealing, and who had come to a child guidance clinic for treatment. As a psychoanalyst, Bowlby believed it possible that the roots of anti-social behaviour might lie in an early disruption of the bond between mother and infant, and his investigations showed that seventeen out of the forty-four delinquents had been separated from their mothers for some period before the age of 5. Comparisons which he made with similar children who were emotionally disturbed (he was seeing them through a child guidance clinic) but did not steal showed that they were less likely to have been separated from their mothers. Bowlby concluded that ma-ternal deprivation - being deprived of one's mother during the first five years of
Standing Committee's interpretations and other decisions of the last few days have done is to signal the absence of genuine autonomy and Hong Kong's total subordinaation to Central Authorties. This is not how the promise of autonomy was orginally understo
Introduction - The Promise In the early 70s, China was still adapting the insular policy. Many Hong Kong citizens were terrified that the communists may over rule the Hong Kong government and abolish all the capitalist policies and end the separate legal system. Knowing that there is a massive cultural difference between the socialist society and the capitalist society, Deng Xiaoping, a former leader of the Communist Party as well as a noted reformer, proposed "One country, two systems", complemented with "high degree of autonomy" for the successful and peaceful reunification of China. The concept of "One country, two system" was later adapted in the Sino-British Joint Declaration of 1984, which laid down the fundamental principles of the Basic Law (BL), aiming to achieve a stable and prosperous Hong Kong. However, after the Tiananmen Square protest in 1989, due to the lack of confidence to the Central People's government (CPG) and the unforeseeable threats, many Hong Kong citizens were against the handover. The promise of autonomy was then reassured in Chapter 2 of the BL, "Except in matters relating to defence, foreign affairs and matters outside the limits of the autonomy of the HKSAR, the HKSAR shall be vested with legislative power, executive power, independent judicial power and power of final adjudication." In this sense, Hong Kong people do not need to seek
Discuss the relationship between the songs of Sam Hui and the identity of Hong Kong people and their worried of coming 1997.
INTRODUCTION In this essay, I would to discuss the relationship between the songs of Sam Hui and the identity of Hong Kong people and their worried of coming 1997. Also, can the songs help nurture the indigenous identity? Sometimes the lyrics of Sam Hui are humorous, and sometimes satirical. One can say if you listen to his albums in chronological order, you will get a history lesson for HK. Look past his lyrics and you will see his music also merged rock music and Cantonese lyrics, without which you will not get bands like Beyond or singers like Danny Summer. His ballads are extremely catchy and ever-growing in complexity. Sam is not the greatest of vocalists, but his vocals are extremely natural and are matched by few in delivery and diction. HK pop, and HK pop culture in general, owes a debt to his continued influence until this very day. His title of "God of Songs" is more than well-deserved. Then, let's take a deep look into this topic. REFLECTION OF HK SOCIETY Samuel Hui is the pioneer of Hong Kong pop music, which became a genre known as "Cantopop". The most important figure in HK pop music, Sam Hui's musical legacy looms over everyone in HK pop music. Sam Hui not only sings the songs HK people enjoy, he wrote the vast majority of them as well. Most will know him from his humorous songs about life in HK, but behind each of these songs are reflections of HK society.
State of tort law in India.
Introduction: A tort may be defined as a civil wrong not arising out of a contract or a relationship based on trust, which is characterized by a violation of the legal right enshrined in others and an action for redressible damages. Hence the aim of torts is to compensate the victim and not punish the wrong doer. Before we undertake a journey into the damages in torts in India it would be prudent to understand the nature of the torts committed and their developments though the ages. This would not only help in understanding the current situation in a clearer manner but may also provide a sense of history about torts.it is well known that Indian tort law has taken inspiration from england's tort law.therefore in order to widen the scope of this research the researcher shall not only deal with Indian law but also with American law,Californian mainly.the objective of this would be to portray and find out the essences of both eastern and western tort laws1 One must prove all of the following criteria to get damages in torts * Existence of duty (to be reasonable) * Breach of that duty * Damages incurred as a result of that breach of duty Causation between breach and damage is direct STATE OF TORT LAW IN INDIA The state of tort law in India is very poor. The people are not properly aware of their legal rights. Thus, the development of torts has been hampered by the lack
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Al-Kateb v Godwin [2004] HCA 37. The Political, Social and Economic Significance of Al-Kateb
Al-Kateb v Godwin [2004] HCA 371 Facts and Legal Issues Ahmed Ali Al-Kateb (the appellant) arrived in Australia in mid-December 2000 without a passport or Australian visa, and was thus placed in immigration detention.2 The appellant was, upon arrival, a stateless person.3 The appellant applied for a protection visa but was denied, and subsequent challenges to this decision failed to overturn it. As a result, the appellant wrote to the Minister for Immigration and Multicultural and Indigenous Affairs, requesting to be removed from Australia. This request was unsuccessful, and the appellant appealed this decision, claiming his continued detention was unlawful. The principal issue for consideration by the High Court concerned section 198 of the Migration Act 1958 (Cth), which states that an officer must "remove as soon as reasonably practicable an unlawful non-citizen who asks the Minister, in writing, to be so removed" (emphasis added). The issue here was whether the language of the section was capable of interpretation that allowed for the potentially indefinite mandatory detention of a non-citizen. It was decided by a majority of 4:34 that such interpretation is to be preferred. The subsequent issue - 2 - considered by the High Court concerned Chapter III of the Constitution, and whether this was infringed as a result of the provision of indefinite detention without a