Abstract: This discourse delves into the offense of criminal misappropriation, exploring its definition, elements, and application within the realm of criminal law. It emphasizes the significance of statutory and judicial authorities in comprehending the intricacies of this offense and shaping its interpretation. The elements of criminal misappropriation, including dishonest intention, property belonging to another, appropriation without consent, and resulting wrongful gain or loss, are exami...
This report serves to analyse the development of assisted suicide and voluntary euthanasia in the Republic of South Africa post-apartheid with reference to countries such as Belgium and the Netherlands, where the practice of euthanasia and assisted suicide has been decriminalised and regulated by the law. With the aid of various legal rules and principles which include but are not limited to; International law, relevant Constitutional and legislative provisions, stare decisis, proposed c...
This is a master's dissertation on a comparative study of the legal framework of the fight against terrorism in West Africa.
The Definition of Torts Torts are an action that wrongly causes harm to someone but that is not a crime and that is dealt with in a civil court. In other hand tort mean that, wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.
Introduction Although the conflict of law issues in relation to family law cover three main areas, namely: (1) marriage; (2) matrimonial causes; and (3) children, the present chapter will focus only on the first one, that is, “Marriage”. When the court has to decide whether a marriage is valid, foreign elements may be involved: one or both of the spouses may be foreign, or the marriage may have been celebrated in a foreign country.
This subject deals with the relationship between the employers on one hand and employees on the other. It is a subject of immense theoretical interest because of the great variety of regulative techniques it employs and because in the study of this subject one so frequently comes up against the question of what are the true limits of effective regulation by the law
Every risk involves the loss of one or other kind. In older time, the contribution by the person was made at the time of loss. Today, only one business, which offers all walks of life, is insurance business. Owing to growing complexity of life, trade and commerce, individual and business firms and turning to insurance to manage various risks. Every individual in this world is subject to unforeseen uncertainties which may make him and his family vulnerable. At this place, on...
The “transnational business conglomerate” remains to be an obsolete term. Talking about the painstaking efforts of earlier researchers, it would be significant to quote from them that the harbingers of cosmopolitan business approach were set by former colonial powers such as French and Dutch. In actuality, the British had undone their commercial interests, authorizing the East India Company to treat all nations as subsidiary commerce, generating its own loaves and fishes. International bu...
Based on the topic: “Family law is traditionally flexible, giving the court scope to deal with each case on its own merits. Fertility law, in contrast, is often driven by a Parliamentary wish to create clarity and certainty at a wider public policy level. The two approaches do not always sit together comfortably.” Gamble, N, ‘Lesbian parents and sperm donors: Re G and Re Z’, Nov [2013] Fam Law 1429 HFEA 2008: Re G; Re Z [2013] EWHC 134 (Fam)
It is common practice for employees to tender their resignation during the pendency of disciplinary proceeding or investigation regarding an infraction on their part, especially in situations where the employee admits guilt of the allegation(s) or is likely to be indicted. To render the resolution and sanctions arising from such exercise nugatory, an employee would hurriedly tender a resignation to avoid a final deliberation to dismiss or terminate the employment in a form that would be detr...
Rural communities in developing countries have relied on natural resources to support daily livelihoods, thus conserving biodiversity and when these environmental resources are mis-managed, it usually births negative impacts and, in some form, posing a developmental problem. Human wellbeing and its implications pertaining to environmental resource management and exposure to environmental threats have caused many to lose their means of livelihood, generating a high degree of poverty that remai...
This paper inquired into whether or not the incumbent Constitution of Uganda contains sufficient guardrails to stymie infringement upon the independence of the Director of Public Prosecutions (hereinafter “the DPP”) in Uganda. The paper employed a qualitative approach and relied upon the text analysis method of inquiry. It, therefore, reviewed the text of the incumbent Constitution as to the independence of the DPP. It also gleaned the literature regarding a constitutional climate that he...
A global oil and gas company that intends to conduct operations in a foreign jurisdiction must have an understanding of how things work in that jurisdiction. This is done through a consultancy agreement between the company and the consultant. This agreement brings with it the anticipation of the company that the consultant will exercise some form of influence on its behalf. This kind of influence may include making expeditious payments to officials of state oil companies in order to secure ap...
In an ideal world, once parties pursuant to their agreement decide to submit their disputes to an arbitral tribunal, they have invariably agreed to be bound by the tribunal’s decision. However, in reality the unsuccessful party may wish to evade carrying out the award. To this end the New York Convention provides a remedy for the successful party. The successful party can enforce his award not only in the courts of the seat of arbitration but also in the courts where the unsuccessful p...
Increase in the use of renewable in the EU power sector acts as a multi edged sword. It ensures security of energy supply and it mitigates the effects of climate change. Renewables are expensive and it is because of this that they can't compete on their own with conventional sources of power.. That is why EU member countries provide support to renewable. This thesis examines the different kinds of support systems in various EU countries and determines if they should all be integrated into a s...