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Law Articles and Ezines

Law

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Showing 451 to 475 of 500 Articles in Law.
Pages: << Prev | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | Next >>

451. INTENTION TO BE BOUND IN A CONTRACT
October 18, 2017


Once an offer is made there must be acceptance. The intention to create a legal relationship is one of the essential elements of a contract. Without an intention to create a legal relation, no party can sue the other. If there is no intention to create a legal relation, the contract can be termed as illegal. The intention to be bound in a contract converts the agreement to a true contract. The intention to be bound simply means the competent of a valid and enforceable contract which is required by all parties to the contract. The intention is determined traditionally using different presump... (read more)

Author: Alice Ken

452. OFFER IN A CONTRACT
October 18, 2017


OFFER IN A CONTRACT In any contract there must be two parties where one party has an offer while the other party accepts the offer. An offer in a contractis made by a person who proposes the terms of an agreement. Offer is a communication that normally gives the party power to close the contract. A person to whom the offer is made is known as an offeree. Offer is the element of the contract and it is normally the first step. An offer in a contract can be signified by the gestures, words or actions. Offer can come in form of letter, website, newspaper, fax, and email. To make an obligation o... (read more)

Author: Alice Ken

453. CONSIDERATION IN A CONTRACT
October 18, 2017


CONSIDERATION IN A CONTRACT Every party in a contract must give something valuable that attracts the other party to a contract, this valuable something is known as consideration. In a contract, consideration is exchanged with another consideration. The contract may be termed as unenforceable due to the failure of the consideration. Consideration is as a result of either a promise to do something or a promise not to do something. A contract is deemed to be legally binding. Consideration is the benefit which is argued between the concerned parties. In other words, consideration is what one gi... (read more)

Author: Alice Ken

454. AGREEMENT IN A CONTRACT
October 18, 2017


AGREEMENT IN A CONTRACT Contracts are very detailed these days, unlike the olden days. Agreement in a contract is an arrangement between two or people which is enforceable by the law. When making an agreement in a contract both parties have to come together and have a common understanding of the contract to be made and must have trust in each other. That is, each party must have a knowledge of what the agreement in a contract entails. It is necessary for both parties to agree on the terms of a contract. Every contract must have an offer, an acceptance, the mutual consent, the considerati... (read more)

Author: Alice Ken

455. INTENTION IN A DOMESTIC OR SOCIAL AGREEMENT
October 17, 2017


The intention to create a legal relationship is one of the elements of the contract. The intention in a domestic or social agreement is defined as a legally binding agreement or contract. The domestic contract is the agreement between two people who are in a family relationship. The marriage contracts, the separation agreements, and the cohabitation agreements are good examples of domestic contract. The intention to create a legal relation shows the commitment of both parties to a contract. In a domestic and social agreement, there is no belief the contract is legally binding. This is becau... (read more)

Author: Alice Ken

456. Medicaid—Planning Ahead Strategies
October 16, 2017


Although it may not seem possible there are ways that you can plan ahead for Medicaid. In many instances, it is a misconception that you mustdiminish all your assets and income in order to get Medicaid. This is not always the case to become eligible for Medicaid. To help plan for the future and make sure that your medical expenses will be covered here are some strategies to follow. Nursing home costs On average the stay in a nursing home is 835 days according to the National Care Planning Council. The monthly cost can range from three to thirteen thousand dollars a month. Based ... (read more)

Author: Richard Conard

457. Significance Of Law Practice Management Software In Different Law Organization
October 16, 2017


The law practice management software can be utilized to handle recordsand consumer's documents, events, appointments, programs etc.. Regulations firms make use of this software. For charging and time monitoring, this software is likewise utilized. Positive Aspects Of course Law Practice Management Software: - There are plenty of added benefits with the software. All these are, · It connects all contacts, tasks and additionally crucial notes for lots of circumstances. Ergo, it conserves the greatest time by trying to keep occasions geared up. · It raises the duty direction betwee... (read more)

Author: Mark Well

458. BREACH OF CONTRACT TERMS UNDER ACL
October 05, 2017


The Australia consumer law (ACL) and competition and consumer act (CCA) will attract fine and penalties in cases of breach of contract terms under ACL. Fines are in monetary form and are imposed by the court in criminal proceedings. Penalties are monetary fines which are imposed and collected by the civil courts. The calculation of the monetary amount of penalty is independent. Competition and consumer act (CCA) prohibits the cartel conduct and makes it a criminal offense, resale price maintenance, anti-competitive mergers and misuse of market power. For corporations, the most fines an... (read more)

Author: Alice Ken

459. LIABILITY CLAIMS FOR LOSS OR DAMAGE UNDER ACL
October 05, 2017


The consumer seeks for compensation of the loss or damages caused by the supplier when he supplies goods or services which are not standard. The liability claims for loss or damage under ACL is regulated by the statute and the common law in Australia. The Australia consumer law provides a set of statutory standards, where the breach will cause the manufacturer to be liable for the damages or losses caused. The manufacturer of goods which breach the provisions of the Australia consumer law may face the enforcement action and penalties. The manufacturer may also be liable under the provisi... (read more)

Author: Alice Ken

460. 8516 VISA CONDITION
October 05, 2017


According to 8516 visa condition, a student must continue to meet requirements for student visa granted. This means that the main course of study must match with the student visa. A student can search for financial help to support the study and stay in Australia. Student visa applicant with the confirmation of enrollment from the education provider at master or doctorate level is usually assessed under a streamlined visa processing arrangements. Under this benefit, the visa is granted based on having met the lower threshold of proof of the education history, English language liability an... (read more)

Author: Alice Ken

461. SUBCLASS 573 VISA ESSAY
October 05, 2017


To write a good subclass 573 visa essay, a student must be aware of the Subclass 573 and its conditions. Subclass 573 is the higher education sector visa which is the main route into Australia for all international students who wish to study in Australia. Here is Example of Subclass 573 Visa Essay In order to apply for subclass 573 visa, first, a student must have confirmed a place in one of the universities in Australia which lead to bachelor’s degree, associate degree, graduate diploma, master’s degree, and higher education diploma. In order to be eligible for a student must ... (read more)

Author: Alice Ken

462. RESTRICTIONS UNDER S48 OF AUSTRALIAN IMMIGRATION ACT
October 05, 2017


S48 says that a non-citizen in Australia does not hold a substantive visa. The substantive visa includes all visas other than the bridging visa, criminal justice visa, and an enforcement visa. The restrictions under the S48 of the Australian immigration act is found in migration act of 1958. Section 48 of Australian immigration act states that if the visa application has being refused by the DIAC and if the visa was cancelled under section 109, the party may subject to the regulations and apply for a visa of a class which is prescribed for the purposes of this section but not apply for the ... (read more)

Author: Alice Ken

463. PARTNER 820/801 VISA
October 05, 2017


Partner 820/801 visa allows partners or spouses of the Australia, Australian permanent resident, and the new eligible Zealand citizens to live in Australia. Partner 820 visa is issued first and allows one to stay in Australia while the permanent visa which is partner 801 is been processed. Partner visas are available for both heterosexual and the same-sex couples. The permanent visa is issued in two stages. In order to be eligible for a permanent visa in Australia, one has to apply for a temporary partner visa. Both temporary and permanent visas are applied at one time at a fee. Temporary... (read more)

Author: Alice Ken

464. 572 VOCATIONAL EDUCATION AND TRAINING SECTOR VISA
October 05, 2017


Australian visa is usually available from the Australian government at a lower cost. The 572 vocational education and training sector visa allows the students to enter and study in Australia in vocational or training courses.572 vocational education and training sector visa lead to the awards like certificate I, II, III and IV, advanced VET diploma, vocational graduate certificate and vocational graduate diploma. In order to be eligible for 572 vocational education and training sector visa , a student must provide a proof of the acceptance of the vocational or the training course at the Aus... (read more)

Author: Alice Ken

465. UNSOLICITED SALES TRANSACTIONS UNDER AUSTRALIAN LAW
October 03, 2017


The consumer law offers protection against the unsolicited sales and the selling practices including the right to ask the dealer to leave the premises and to restrict the calling in certain hours. The Australia consumer law comprises of a single law which covers unsolicited sales that include door-to-door sales and other forms of selling that does not take place in a retail context. The unsolicited consumer agreement law has the supplier’s obligation about the way the consumer is approached, the supplier obligation on the post-contractual behavior and the consumer’s right. According to th... (read more)

Author: Alice Ken

466. HOW TO ANALYZE A LAW CASE USING ILAC METHOD
September 28, 2017


ILAC method is a simple method formulated to tackle a law paper. This method has been used over and over by both law students and practicing professionals. The law case should be written in a logical way. Some law students lack the necessary study skills and exposures when asked to analyze a law case using ILAC method. ILAC helps a student to make sure that the right applications and arguments are used and in the right context. ILAC stands for issue, law, application or argument and conclusion. This can be applied in legal case analysis in the following ways: Issue: State the is... (read more)

Author: Alice Ken

467. AUSTRALIA CONSUMER LAW (ACL)
September 28, 2017


Australia consumer law is the national rules that govern both fair trading and consumer protection. The Australia consumer law applied to all Australian businesses. Australia consumer law started in 2011 and is a cooperative reform of both Australia government and States and territories which occur through law and governance forum of the consumer affairs. The law is administered by both the Australian Competition and Consumer Commission and State and Territory Consumer protection agencies in conjunction with Australian Securities and Investment Commission. The Australia consumer law allows th... (read more)

Author: Alice Ken

468. UNFAIR CONTRACT TERMS IN ACL
September 28, 2017


Unfair contract terms in ACL are the laws that protect the consumer terms in areas where they have no opportunity to negotiate with the business. This contract in Australia is entered by the consumers or by the small businesses who normally use less than twenty people. A small business may include advertising, courier services, the supply of raw materials, telecommunications and waste management and cleaning services. The court can decide the terms of standard form contract is void if the court considers that the term is unfair. The standard form contract is prepared by one party of the con... (read more)

Author: Alice Ken

469. CONSUMER PROTECTION UNDER S. 18 OF ACL
September 28, 2017


The section 18 of the Australia consumer law prohibits unfair trade practices which include misleading conduct, making a false representation to sell of goods and services, unconscionable conduct and unfair terms in the consumer contract and the standard form consumer contracts. The remedy is easily found in Victoria under the ACL and FTA’s application of Australia consumer law. The Australia consumer law applies to consumers. The law states that a person acquiring goods or services is a consumer if the goods or services acquired amount the less than $40,000 if the goods were acquired for hou... (read more)

Author: Alice Ken

470. FALSE OR MISLEADING REPRESENTATIONS IN ACL
September 28, 2017


False and misleading representations is found in chapter two of the Australian consumer law. The chapter has general protection which creates the standard of business conduct in the business including the general ban of false and misleading representation in trade or commerce. Section 18 of this chapter prohibits any person in trade or commerce from engaging in false or misleading representations. The circumstances of each case figure whether the representation is misleading or false. A statement misleading one group of consumers may not mislead the other group. A representation can be mi... (read more)

Author: Alice Ken

471. UNCONSCIONABLE CONDUCT IN TRADE OR COMMERCE (ACL)
September 28, 2017


UNCONSCIONABLE CONDUCT IN TRADE OR COMMERCE (ACL) Unconscionable conduct is the terms used to mean the conduct that is harsh and that is against good conscience. The unconscionable act deals with the transaction between the weaker and dominant parties. In Australia business must not engage in unconscionable conduct especially when dealing with other businesses or consumers. Unconscionable conduct in trade or commerce does not exactly have a legal meaning but it is a concept developed on basis of a case-by-case by the court. A situation may be unconscionable if it is harsh or oppressive. ... (read more)

Author: Alice Ken

472. Personal Injuries: When Do You Need The Help of Competent Lawyers
September 27, 2017


Despite of the best efforts that people make to settle cases associated with personal injury claims all by themselves, at some point or the other they need the help and support of a specialized lawyer. This is because the complications of the claim, seriousness of injuries or refusal of insurance company to come up with a reasonable offer can be troublesome. Reasons To Use The Services of Professional Lawyer You must consider consulting with a qualified lawyer who is experienced in dealing with personal injury cases and thus can efficiently help you with the same. Having them is of utmost... (read more)

Author: Richard Conard

473. HOW TO WRITE LITIGATION LAW ESSAY
September 26, 2017


Litigation law refers to the rules that govern the disputes in the court system. Litigation is associated with the tort cases. The best way of understanding litigation law is by becoming familiar with basic stages in the lawsuit. Many students are not aware of writing skills applied when they asked to explain how to write a litigation law essay. A good litigation law essay consists of the following elements, namely, facts, issues, holding that is applied rule of law and rationale which means the reason for applying rule of law. All these elements should be good states and discussed. ... (read more)

Author: Alice Ken

474. HOW TO WRITE PERSONAL INJURY ESSAY
September 26, 2017


Personal injury is the legal disputes which arise when a person suffers a harm from the accident or injury. Personal injury can be formalized through civil court proceedings. Essay writing is an assignment given to students who have joined college. Essay writing is like a gauge which measures the understanding of a student in a particular course. Writing an essay can be a stressing task to the students. On how to write a personal injury essay, a student must be well equipped with writing skills applied. A good personal injury essay has good grammar and shows a complete understanding of th... (read more)

Author: Alice Ken

475. HOW TO WRITE MONEY LAUNDERING ESSAYS
September 26, 2017


Money laundering is a phrase used to describe the scheme which the criminals try to disguise the original ownership and destination of the money which they have obtained through criminal conduct. It is after understanding the concept of money laundering and steps followed when writing an essay, that a student will be able to explain how to write a money laundering essay. Learning to write an essay is a skill used in student’s school life and even in social life. A good essay must not contain spelling, punctuation or grammatical errors. Before writing money laundering essay, you must have an i... (read more)

Author: Alice Ken



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