Essays on Reasonableness

A. Beyond the merits of the case, the chances of Edie in winning this case depend completely on the investigation of the behaviour of the defendant as the reasonable person in the similar conditions. This approach is regarded as the main pillar of the tort law that is used for the determination of the liability between the parties during legal proceedings. With that, it should be noted that there are several cases when the applicant faces difficulties in proving fault for slip and fail accidents. There are several conditions that should be met established and proved in order to ...

Introduction:

Description: The court case deals with a dispute over an easement given on a car park's property. At the time of the trial, the respondent had been attempting to limit the amount of time that the easement was allowed to be used while a tavern owner contended that the patrons of their business would be unable to take full advantage of the area during important hours. The limitation of five hours on the parking area’s use would profoundly limit the access that their customers have to parking. The rights of the easement as expressed by the grantee have ...

Principles of Natural Justice

NATURAL JUSTICE As a law student, Administrative law and Regulatory law has changed my view towards law as it is based on the principle that every action and decision made by the government has consequences. One of the topics that stood out throughout this course is natural justice/procedural fairness. Natural justice is a branch of Administrative law that deals with fairness, reasonableness and equity in judicial offices, quasi-judicial offices and administrative agencies that have legal authority to determine issues affecting rights of individuals. According to CA Ashish Makhija’s article on “Principles of Natural Justice”, natural justice is based ...

Need of Code of Ethics in Engineering

Engineering profession needs Code of Ethics in order to indicate the conducts and standards that all the members of an organization such as Engineers Island adopt and abide by in their professional lives. The Code of Ethics is meant for enabling engineer to maintain cordial relations with employers, peers, clients, and society (Humphreys 1999). The Code of Ethics is also for creating awareness in Engineers regarding social as well as environmental obligations. It is for developing and maintaining professional standards and conduct. Further, it is also for ensuring proper adoption and implementation of disciplinary action, and also for enforcing ...

Emma Williams’s Case

Arbitration is a formal process for determining a grievance between parties in a conflict. A labor arbitration process involves an employment-related dispute between an employer and employee. The authority of an arbitral award comes from the binding arbitral clause in a contract of employment or the authority given by the parties through the appointment (Walras, 2013). An arbitrator has quasi-judicial powers to investigate, listen to the grievances of the parties and provide a decision, which is binding on all parties involved in dispute. However, arbitration must be launched on time to have a force of law. The dispute in ...

A.) Daisy can file an unfair dismissal complaint against her previous employer, The Chopping Block. As an employee for 14 years with the company covering the years 2002 and 2016, there was no justification for her dismissal based on the grounds of for lateness and rudeness to staff and customers in February 2016. In fact, Daisy was not given a fair notice that the question of her dismissal for incapacity was being considered by the employer, and she was not afforded an opportunity of being heard or to explain her side. The reinstatement of the discharged employee is the ...

As requested, I have looked into the tendency to overbill in law firms and sole practitioner offices in the United States. I have looked into how these tendencies can endanger any prospective law firm, including our own. According to my findings, the legal profession requires many reforms in order to comply with Rule 1.5 of the Model Rules and to still be able to generate a viable profit through billable hours, fixed rates or contingency fees.

Analysis of Billing Issues Within the Legal Profession

In recent years, the legal industry within the United States has undergone a major transformation. In fact, since the economy crashed in 2008, ...

With the parents, teachers, and scholars harping on the negatives of corporal punishment, various schools have already banned this archaic practice of imposing discipline on students. There is no denying the fact that arguments against corporal punishment rule the roost in the ongoing debates. Most of the published articles and available literature endorse a positive connection between corporal punishment and aggression and antagonism among children. Nonetheless, my perception is a bit different. I favor this age-old practice for its efficacy, and a deeper analysis of some of the studies does support my understanding. A large-scale meta-analysis conducted in 2002 ...

Annotated Bibliography

Bambauer, Jane. "Hassle." Michigan Law Review 113.4 (2015): 461-511. Print. Bambauer suggests that Searches and seizure in schools are in other words a debate about the privacy of individuals and the extent to which the state or anybody is able to invade an individual’s private life. Despite the fact that this may seem insignificant, a student’s locker in most cases is the only private space that a student has in a communal atmosphere of the school. In many occasions, the debate about searches and seizure is seen as an American issue. However, this can apply to ...

Abstract

The paper investigates Steiney Richards, Petitioner v. Wisconsin case in order to justify whether the police officers’ use of deceptive means and forcible entry into Richards’ room violates the protection rights granted by the Fourth Amendment. It offers a summary of the case, thereby presenting the issue of the case. The paper also analyzes the Wisconsin Supreme Court’s judgment by evaluating the facts of the case. It presents the reasons offered by Richards in favor of his privacy interests and compares them with the reasons offered by police officers to gain forcible entry into Richards’ room. Therefore, the ...

The elements of a valid non-compete agreements are: a.) should be supported by a valid consideration at the time of the signing of the agreement; b.) it should be able to protect a legitimate business interest of the employer; and c.) the scope, geography, and time must be reasonable A non-compete agreement should be supported by valid consideration, wherein the employee is expected to receive a value thing in exchange for the undertaking that such employee will refrain from any competition. When an employee has signed a non-competition agreement before the start of his employment, the employment itself is ...