Community law because its operations were not legally challenged. This changed with the European Court of Justice’s (“ECJ”) Bosman decision in 1995. Bosman essentially created free agency in European football by holding that existing transfer rules and nationality restrictions violated the free movement of workers between Member States of the European Union. Extrapolating upon Bosman‚ the European Commission subsequently issued a finding that the rules violated European Community competition law as well
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Business Advisory Service Legal responsibilities for business owners Advise for new business owners about: * Legal status and risk involved * Contract Law * Consumer legislation Legal Status When starting up a business‚ one should decide which legal status to choose. Each legal status has its own different responsibilities and there are some risks involved. There are three types of legal status: sole trader‚ partnership and limited companies (Ltd & Plc). * Sole
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Judicial Precedent is another important source of law‚ it is an independent source of law‚ where there are no legislations on the particular point in statute Books‚ and Judicial Precedent works great. Judicial precedent has been accepted as one of the important sources of law in most of the legal systems. It is also a continuous‚ growing source of law. According to Salmond‚ the doctrine of precedent has two meanings‚ namely (1) in a loose sense precedent includes merely reported case-law which may
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Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL)‚ citizens are getting access to justice. Judiciary has become the centre of controversy‚ in the recent past‚ on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic
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“A common mistake‚ even on a most fundamental matter‚ does not make a contract void at law; but it makes it voidable in equity.” To what extent does this statement represent the law after Great Peace Shipping Ltd. V Tsavliris‚ The Great Peace (2002)? A mistake is an erroneous belief held by one or more contracting parties at the time of entering the contract‚ as to whether certain details pertaining to the contract were true. Mistakes can be classified in three categories; common‚ mutual‚ or
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FAKBIK Submitted: December 17‚ 2013 Revised: April 20‚ 2014 An Equitable Marriage Contract in Islamic Law Critics of Islam often focus on the relationships between men and women and argue that Islamic marriages are inherently sexist. Apologists agree that in practice‚ certain interpretations “have so severely restricted woman that marriage becomes an institution of oppression for her.”1 Wadud argues that using marriage as the “means by which a woman is stripped of her individuality and
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explains the concept of Equality before law. The concept of equality does not mean absolute equality among human beings which is physically not possible to achieve. It is a concept implying absence of any special privilege by reason of birth‚ creed or the like in favour of any individual‚ and also the equal subject of all individuals and classes to the ordinary law of the land. As Dr. Jennings puts it: "Equality before the law means that among equals the law should be equal and should be equally administered
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Legislative‚ Executive‚ and Judicial. Think about it! The Legislative branch is grouped into Congress‚ The Senate‚ and The House of Representatives‚ this branch is responsible for writing laws. The Executive Branch contains the President of the United States‚ the Secretary of State‚ and the Attorney General. This branch is responsible for making the laws official. Also the Judicial Branch is the United States Supreme Court. This branch is in charge of addressing whether or whether not laws are constitutional
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controversy of judicial review which at extreme points‚ is called judicial activism‚ is a concept new to India. Judicial review can be defined as the judiciary‚ in the exercise of its own independence‚ checking and cross checking the working of the other organs of the government‚ while trying to uphold the ideal of ‘the rule of law’. Judicial activism more reformist in character is often confused with judicial review. According to Black’s Law Dictionary‚ judicial activism is “a philosophy of judicial decision-making
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disease‚ and in no ascertained case was the disease contracted by those using the carbolic smoke ball”.2 The advertisement went on to inform the reader that the Carbolic Smoke Ball company offered “£100 pound reward will be paid to any person who contracts the increasing epidemic influenza‚ colds or any disease caused by taking cold‚ after having used the ball three times daily for two weeks according to the printed directions supplied with each ball. £1‚000 is deposited with the Alliance Bank‚ Regent
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