Bondholder representation

Long-term debt securities or bonds issued to public investors often experience a collective-action problem. Bondholders cannot operate as a unified group when individual bondholder investments are fairly small reducing the monetary incentive to initiate or cooperate. Also what is worse is that the identity of bondholders persistently varies as public bonds are frequently traded.

Even though the accession in institutional bondholding in terms of the emergence of large activist, hedge and private-equity funds and the mobility of these funds into bond investing has aided to tone down the collective-action problem. However these funds time and again have conflicts of interest with other bondholders. Moreover, the recent downfall of many of these major funds clearly conveys that the collective-action problem could only upsurge in the time to come (Schwarcz and Sergi, 2007).

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Copyright Protection Patents

“Petersen J, giving judgement in 1916, determined that copyright was concerned with protecting the ‘expression of thought’ and not the ‘originality of ideas’. Copyright does not require that an expression must be original – just that it is not copied from another work. This has led to a particular problem with television programme formats in United Kingdom law where there seems to be no protection in law of the basic idea in a format despite the fact that there is a growing business licensing these very format ‘rights’, however unique and original.”

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Law of evidence

Bill Cates 38 years old is charged with burglary of Daniel Edwards premises wherein he stole a valuable statuette. Bill has previous conviction for theft. Some of these convictions are for the theft of valuable works of art from private dwellings

Pc Foley arrests Bill in a wine bar in Kensington at 11 pm. He is cautioned and replies,"My solicitor has always told me to remain silent, so that is what i shall do." He remains silent. Later at the police station bill is informed of his right to a solicitor. He is also told that he will not be further interviewed until the morning, and will probably therefore not need to speak to him until then. John say she will contact his solicitor in the morning. He gets no sleep that night, because there is a drunken man in the cell next door who sings all night. 

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Concept of International Law

Codes of conduct are increasingly widespread among commercial, professional and government organizations and have become quite a phenomenon in the humanitarian system in the past few years and they are increasingly being used for voluntary regulation of various sectors of society. Sometimes mandatory and sometimes...

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Private international law and public international law

International business is all commercial transactions either private or governmental-which are done between two or more countries. Private companies carry out such transactions for profit; governments may or not do the same in their transactions. Transactions that are included into business are investments, sales and transportation. On the whole, international business includes a large and increasing portion of the world’s entire business.

Private international law and public international law

Private international law and public international law

International law has two main types: private international law (or conflict of laws) and public international law (usually just termed international law.

Private international law includes regulation of relations between states, legal entities and individuals on various private matters such as matters of copy rights, inheritance, jurisdiction, labour relations, civil or human issues, marriage and divorce, and many other topics. Some people consider private international law as the business law of the world.

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An issue of fact

When an issue of fact has to proved in a court of law it is necessary to first consider the burden borne by the parties.” [1] The nature of this burden remains to be one of the most controversial and complex issues in the field of modern evidence law. When examining where the burden of proof should land in any legal proceeding there are two distinct issues that arise. Firstly, the matter of producing evidence and secondly the matter of proving facts.

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Contract formation relating to consent

A contract is defined as statement between two or more parties which agrees to exchange promises between them and  is enforceable by law. But a contract may does not have any outcome because of presence of an ineffective component which is of legal significance. In a specific occurrence, contract can be considered valid, void, voidable or unenforceable. A contract made by mentally disabled person and intoxicated person can be void. In general, it is a capacity of person to perform or produce or enforce contracts. When the law limits a person from engaging into a specified activity, any agreement to do so are either voidable or void for capacity. The law of capacity can serve either cautionary or can be way of holding back people who act agent for others.

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What Role Should Corporations Have In Fighting Bribery?

The world that we live in is like a giant set of dominos set precipitously close to one another. An unstable government, weak economy, or rampant corruption in one country has far reaching consequences. At the other end of the spectrum, however, positive action taken by one country can set the dominos spiraling as countries join together to fight against common evils.

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Traditional Incarceration and the Community

For a long time, the judiciary has shown its protest over the issue of overcrowding within its prisons. As a result, there have been increased efforts in the last few decades to develop certain ways to deal with the convicts and where to put them (Anderson, 1997). In this regard, some options have been developed recently. These include:

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Parliament Court Act

The Master of the Rolls’ interpretation of the Serious Organised Crime and Police Act 2006 (“the Act”), and in particular of the scope of sections 132 to 138, was that Parliament intended that the provisions should apply to both new demonstrations and demonstrations started before the coming into force of the Act, viz. before 1st August 2005. This was held to be clear from the wording of the Act itself, without the need to revert to the parliamentary debates reported in Hansard under the rule in Pepper v Hart.

An argument which lent support to this interpretation, and which Sir Anthony Clarke MR appeared to rely on heavily, was that section 14 of the Public Order Act 1986 had been repealed in relation to ongoing demonstration, and Parliament would only have done so if its intention had been for ongoing demonstration to fall within the scope of the new provisions.

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Legislation applied by the judiciary

Primary legislation is the written laws made by the existing government. It is the way through which the government of the day carries into effect its own manifesto. Also known as Acts of Parliament, there is a distinct process by which any proposed laws must pass through before subsequently getting onto the statute book.

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Legal Writing Structure

In the first instance, careful planning, sound research, a considered structure and excellent legal writing are the basis of a good piece of legal writing. Well-conducted research acts the foundation then the structure should be laid out always keeping in mind legal question/hypothesis set.

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Battery Infliction and Consent

The tort of battery is committed by the actual and intentional infliction of unlawful force on another without the consent of the latter or without any lawful justification. To be liable for battery, 'hostile touching' must be present. The general rule is that a competent patient has the right to refuse treatment, and medical treatment without consent, or in disregard of a valid advance refusal, amounts to a battery. Consent may be expressed in words or implied by conduct. The doctrine of informed consent deems consent as valid provided all risks involved in the medical procedure have been thoroughly explained. Every adult has the right to refuse medical treatment even if it will result in permanent injury or even death. Treatment refusals are only valid if the patient, when making the decision...

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Kudler Foods Organic

Kathy Kudler, owner of Kudler Fine Foods, has decided to expand her business by using local growers of organic produce as well as starting a catering service. As a result of this decision, Kathy has many questions that she will need to ask herself regarding doing things legally. Kathy will first need to determine the legalities in shutting down these departments in addition to figuring out what obligations she has to her employees. Kathy will then need to decide if she would like to enter into contracts with the local organic produce growers. Thirdly, Kathy will need to think about product liability and the regulatory implications she may face. Finally, as she seeks to hire employees for the expanded services, Kathy must consider everything regarding employment law.

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Free Law Essay | Burden Of Covenants

This coursework is concerned with the primary issue of whether the covenants are directly enforceable against Denise and Fay. It is necessary to establish whether the benefit and the burden of the covenants run with the land as neither May, Denise or Fay are parties to the original covenant made in 2004. However if it can be established that May is entitled to the benefit and Denise and Fay are subject to the burden of the covenant then May is entitled to a remedy. There are two set of rules governing the running of covenants namely the common law rules and the equity rules.

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Free Law Essay - Succession Of States

In International Law, the “ ‘succession of states’ means the replacement of one State by another in the responsibility for the International relations of the territory” It is important to highlight from the onset that ‘Sovereign states, and not their individual governments, are the primary subjects of International law’. State succession can only be said to occur when there has been a transfer of sovereignty over a particular territory and a resultant discontinuity in statehood and its affiliated responsibilitie.

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Great Peace Shipping Common And Unilateral Mistake

Explain the effect of Great Peace Shipping Ltd. v. Tsavliris Salvage (International) Ltd. [2002] EWCA Civ 1407; on the doctrines of common and unilateral mistake.

What difference, if any, has this case made to the previous understanding of unilateral mistake, and do you agree with the principle which it lays down?

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