Key Legal Principals And Application Of Law

Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it.

The case of Jonah v White (2012) 48 FAM LR 562 wishes to appeal the original decision of Murphy J, in which his Honour asserted that the appellant, (“Ms Jonah”) and the respondent (“Mr White”) had not been in a de-facto relationship in correspondence with the Family Law Act 1975 (Cth) (“the Act”). The appeal is bought before May, Strickland and Ainslie-Wallace JJ in the Full Court of the Family Court of Australia in Brisbane. The case seeks to question and determine what constitutes a law-binding de-facto relationship.

At the start of each new counselling session it is important that a contract is set out between the client and

In order to advise Billy in whether he is entitled to the extra $20,000 and a share in the farm, the key facts and relevant issues must be examined to determine if the elements of a legally binding contract exists. Whether there was an agreement and intention to create legal relations between the two will be used to determine whether Choy has breached a contract between the two. If a contract is found to

What is hydraulic fracturing or fracking, and is it safe for our environment? What types of environmental issues are there with fracking? Are the laws in place for fracking good enough or should they be stronger? How much energy does the United States need for the future and is hydraulic fracturing the answer? These are all good questions

With McCrudo destroyed by the storm and with no where else to go, Ricky and his crew join the warm welcoming Delta research facility - Who is run by a woman called Rebecca. As the crew members of McCrudo settle down in to their new home, they begin to pull their weight around the base by doing various chores. Ricky becomes suspicious of Delta’s operations, when he comes across a prison like science lab with an array of security features, such as cameras, locks and sensors. When asked what this lab is used for, and why is there so much security, Rebecca warns Ricky to stay out of her business.

I will take a step by step analysis of the situation between Brenda and Albert. Firstly, I will advise Brenda and afterwards Albert. I will present the facts chronologically, as given to me, and advise on each issue individually with supporting evidence. I will refer to court cases and legislation such as Consumer Rights Act 2015, Sale of Goods Act 1979, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Unfair Contract Terms Act 1977. I will conclude by stating that despite the overwhelming evidence against Albert, supported by precedent court cases, there is no legal contract between the parties. I will provide Albert with legal advise assuming both business to business and business to consumer

An offer allows the person or business to whom the offer is made to, to reasonably expect that the offering party is willing to be bound by the offer based on the terms proposed thus these terms of an offer must be define as well as certain.

Our client Mr. Tunner wants to know if he has a valid contract that could be enforce. He met with Sally Connor, 92 years old, and her daughter, Rebecca, about replacing Ms. Connor’s roof and providing a home maintenance plan. Rebecca handles Ms. Connor’s financial matters but wasn’t present at the meeting. Mr. Turner noticed some medications that Ms. Connor was taking and help her with it. Mr. Turner discussed a two (2) year home maintenance package. The cost of the roof replacement and two

Further, an analysis of these requirements depends upon whether a plaintiff seeks to establish general or

Charlie Hebdo, the French satirical magazine, has been a face of controversy since its establishment in 1969. It publicises opinions regarding highly provocative topics, these of which are often perceived as offensive due to focus on modern day taboos. On 7th January 2015, the publisher became the target of a ruthless terror attack at its offices in Paris. The suspects behind the incident were jihadists, Cherif and Said Kouachi. The brothers stormed into the building and executed 12 people, ranging from the caretaker of the premises, to the editor of the publication, Stephane Charbonnier. When the two were fleeing, witnesses who sought refuge on top of buildings nearby heard the brothers yelling, “We have

The general rule under Code Section 61(a) states gross income consists of “all income from whatever source derived”. Thus, when plaintiffs win settlements/lawsuits, such amount is taxable. However, Congress has allowed exceptions to this general rule under various circumstances. As in many court cases, it comes down to the facts and circumstance to determine the taxability along with the burden of proof is on the petitioner. These facts and circumstances will determine 1) Whether the taxpayer’s settlement is eligible to be exempt from taxation; 2) The portion of settlement that is exempt from taxation 3) The portion of the settlement that is taxable; 4) The treatment of lawyer fees

A valid contract that is legally enforceable should consist of an offer, an acceptance, an intention to be bound and a sufficient consideration. Accordingly, the first contract formed by Chen and John includes John’s agreement to build for Chen extension of the house in consideration of payment of the price of building materials as per the date of completion of performance of the contract and labor costs of $6000 at the performance of the contract. First and foremost Chen needs to understand that this was the original contract and both him and John were legally bounded by the contract.

An offer is an expression of willingness by one party to contract on certain terms with another party with the understanding that the contract will become binding when accepted by the person to whom it is offered. An offer may be made in different ways, such as in a letter, an email, or even your behavior, so long as it conveys the basis on which the offering party is willing to contract. An offer should consist of: (1) a statement of present intent by the offering party to enter into a contract; (2) a specific proposal that is certain in its terms; and (3) a communication that identifies the person to whom the offer is made. If any of these elements are not present, an offer has not been made. (Walker, C. B., 2012)

Kate will need to provide sufficient additional facts, where the court can infer the agreement between her and Suzie was intended to give rise to an enforceable contract in order to rebut the courts presumption of agreement between family members. Kate could argue that as Suzie is owner and employee of ValUtrav Pty Ltd, Suzie acted on behalf of the company.