inherent in the RDO. These exceptions might, somehow, render a discriminatory act, lawful. For example, in Section 11, “Being of a particular racial group is a genuine occupational qualification”. The genuine occupational qualification could be a common defence relied upon by employers. Section 11(2) of the RDO lays down 5 specific examples of what amounts to a genuine occupational qualification which could be summarized under two main categories: Reasons of authenticity and Provision of…
A contract, a legal written or spoken agreement, can be governed by state, common or private law. Private law includes the terms of agreement between the parties who are exchanging promises. In certain situations, private law can override state laws, according to Legal Information Institute. When active concealment, intentionally hiding information, has taken place, it could cause a contract to be invalid, or the contract between Maynard and Pierre's Awesome Car Place could be considered valid…
Liberian (1981: 248-9) explains gratuitous concurrence is a strategy that Aboriginal people have developed to protect themselves during their interaction with western people in Australia. It is noted that Aboriginal people have found that it is a easier to agree with whatever it is that the western person wants, even when they do not comprehend what it is that they are agreeing with, in order for them to leave and continue on with their own business. Thus, a false confession could be made.…
Some people may think that chimpanzees are just cute and beautiful but they are actually capable of doing things that humans can do. Chimpanzees were found in Congo jungle. Chimpanzees are very intelligent in many ways such as they can make and use tools, they have better short – term memory than humans, and they even have long – term memory to help them hunt for food. In fact according to "chimps facts" say "Humans share approximately 98 % of our DNA with chimpanzees". This article…
that had been recently passed by parliament in 1689 (Dammer & Albanese 69). Other aspects that have shaped England was the formation of the Supreme Court of the United Kingdom with the Constitution Reform Act of 2005. Adding more structure to the common-law system, in 1967 England began defining crime as either “arrestable” or “unarrestable” in 1967 (Dammer & Albanese 171). Crimes such as murder and burglary are arrestable and if convicted will result in a fixed prison term however crimes…
1. Answer: When Iron Mill Corporation offered to sell City Company 2000 to 5000 tons of fifty-pound iron rails on June 8, City Company did not accept it. Instead, City Company made a counter offer by entering an order for 1,200 tons of fifty-pound iron rails referring to Iron Corporation’s offer of June 8 on June 16. This meant that City Company rejected the original offer. Furthermore, Iron Mill Corporation rejected City Company’s counter offer which meant that City Company could no longer…
According to the section 3 of Australian Consumer Law (ACL) the term ‘consumer’ is referred as follows: A person is taken to have acquired particular goods as a consumer if, and only if: (a) The goods were of a kind ordinarily acquired for personal, domestic or household use or consumption; or (b) The goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads. In the case Colette who is an owner of competing bakery complained of misleading…
Judicial Assignment 1. Describe the two judicial philosophies? First there is Judicial Activism, which is a doctrine holding that the federal judiciary should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authority. (Bades, 2016) Then there is Judicial Restraint which is A doctrine holding that the courts should defer to the decisions made by the elected representatives of the people in the legislative and executive…
This question focuses heavily on ‘reasonable foreseeability’. Reasonable foreseeability is a “mechanism which limits the type of plaintiffs, risks or damages which the defendant is liable for ”. For an event to be foreseeable, the claimant, and the kind of injury that was caused, must be foreseeable. The claimant, Daryl, must be in the area that danger is created by the defendant's, Rick, carelessness and the injury must be a type that is likely to occur in the circumstances. To be able to prove…
Having to confront a belligerent beneficiary is an awful position for an executor. Unfortunately for executors, beneficiaries have rights to an estate that executors must respect. (Refer to the article Know your Beneficiaries to review beneficiary rights.) So, an executor must try to handle a belligerent beneficiary as described in the article How to Handle a Belligerent Beneficiary. Conversely, if all efforts fail to appease the belligerent beneficiary, the executor has to take action to move…