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Introduction This paper discusses the notion of unjust enrichment in equity and common law. Unjust enrichment is the legal rule that under certain circumstances, a court, on application from a claimant, will permit the reversal of a transfer of money or property and may also potentially enable the recovery of money or property. The principle[…]

Introduction This paper is concerned with the issue of intention in the context of the sham trusts doctrine. A sham trust may seem simple in principle, but it is in fact extremely complicated and affected by a number of different factors. Essentially, a sham is essentially a declaration of intent to establish a trust, or[…]

To answer the question set out above, it is this author’s view that the rule to have been derived from the decision in Wheeldon v. Burrows (1879) 12 Ch D 3 has proved beneficial with regard to the application of property law in England and Wales to the specific issue of the sale of part[…]

Table of Contents Statement of Facts   4 Statement of Issues   5 Summary of Arguments   6 Arguments Advanced    7 THE INJUNCTION TO ENCASHMENT OF THE BANK GUARANTEE IS CONSISTENT WITH THE PROVISIONS OF THE INDIAN CONTRACT ACT. 7 [A] The rejection of the plea for injunction is inconsistent  7 [B] An Injunction be granted; as the[…]

1.Introduction Institutions globally have varied thresholds for granting emergency relief. The Singapore International Arbitration Centre [“SIAC”] and the Court of Arbitration of the International Chamber of Commerce [“ICC”] have granted free reign to the emergency arbitrator to order ‘any interim relief that he deems necessary’.[1] In contrast, Hong Kong International Arbitration Centre [“HKIAC”]  lays down[…]

1.Introduction The approach for ex parte emergency arbitration [“EA”] is fairly divergent. The Rules of Singapore International Arbitration Centre [“SIAC”], International Chamber of Commerce [“ICC”], Swiss Chamber of Commerce and the Arbitrators’ and Mediators’ Institute of New Zealand [“AMINZ”] have differing approaches to ex parte EA. Ex parte EA in the Memo is broken down[…]

1. Introduction: Adams v. Lindsell[1], though accepted to be the case that brought forth the postal rule, was not the first case to discuss postal acceptances. This honor falls upon Kennedy v. Lee[2] where Lord Chancellor Elden says: “The party seeking the specific performance of such an agreement, is bound to find in the correspondence…[…]

Truth and Reconciliation Commissions (TRC) are part of a spectrum of available mechanisms of enforcing transitional justice from past atrocities to rebuilding new nations following mass violence. TRCs have been used widely in African countries following periods of mass violence as a result of past oppressive regimes. This essay will specifically focus on the South[…]

In the case of the Spelunkers, “the surviving explorers need to face repercussions for their actions”. The action of these explorers that led to the killing of one of their own for food is unethical. Such actions require condemnations and actors need to face the death penalty. The case of the spelunkers brings into perspective[…]

Abstract Criminal justice system in the United States has a crucial role in maintaining law and order within the federal and state levels. Incarceration of criminal provides a base to reforming their habits. Men have always been the centre point in criminal justice. Laws relating to criminal justice relate to men more than they relate[…]

Introduction Whenever one talks about police administration in the United States of America, the basic fact is that it has certain guidelines. Just like other field, the administration of police has its development curved upon certain periods. The development of police administration concentrates on influences of the political era, community as well as professional eras.[…]

Abstract Miami- Dade Police Department is a modern police department. The department has various specialized units offering diverse services to the public. Operating in Miami-Dade County the police department has a long history. This paper provides insight on the Police department. It provides the description of the department as well as various areas of operations.[…]

Introduction People have committed murders since time immemorial. Most are intentional, but others are accidental, such as in the case of man-slaughter. Incidental deaths may happen too, for example, when a bulldozer is demolishing a house, and an uninformed person happens to be walking nearby, and a part of the wall falls on them. Various[…]

Hand’s Entitlement to Miranda Warnings In the U.S. suspects are entitled to Miranda rights. Miranda rights describe a type of notification that law enforcement officers give to criminal suspects regarding the latter’s right to silence. The Supreme Court’s decision in Miranda v. Arizona, outlined the Miranda warnings seeking to protect suspects’ Fifth Amendment privileges against self-incrimination[…]

Abstract The primary aim of the research paper is to find out the roles of correctional facilities in rehabilitating offenders. The research article also finds out the causes of crimes, how U.S. prisons work with the judiciary to reduce crimes, and the effectiveness of prisons in the U.S. In addition, the research explains recidivism rates[…]

Abstract Mainly the activities of police officers occur away from the public and other peoples’ eyes. It forms a situation that might allow police officers discretion of what they see, handle the situation and report the incidence. Mostly because police officers form suspicions infrequently, it is crucial to analyze the police officers’ reports. Police officers[…]

Abstract This is an essay presenting a review of Richard,s article concerning physical assaults of officers/police during domestic assault calls. Domestic and family violence calls are one source of attacks on officers, and police employment is fraught with the risk of bodily injury. One source of officer skepticism and pessimism is the incapacity to anticipate[…]

After a barrage of assertions that the company was abusing and underpaying employees at its international manufacturing locations, Nike was forced to defend itself in 1996. Nike responded to the allegations by taking a number of steps doing press releases among others. Furthermore, the Nike Corporation commissioned an investigation into labor conditions at Nike manufacturing[…]

The Law enforcement agency of choice is the Boston Police Department (BPD). It is constituted of 11 substations in 11 Districts. The department received its fair share of attention and controversy recently after the Boston Municipality Mayor Kim Janey fired its commissioner, Dennis White. Mr. White was fired on allegations of violence against women, especially[…]

The limitation of rights and fundamental freedoms is sometimes permissible in law. For example, the freedom of movement and association of prisoners is limited through operation of law as they serve their jail term. The question that arises is how to determine which rights can be rightly limited under various circumstances. In the case of[…]

The human brain has the function and the capability to put down information about things or events with the facility of remembering them later for use. However, if past events cannot be remembered or retrieved by the brain, then neither language nor relationship can be developed. The scenario of forgetting past events is called memory[…]

The positivist conception of law is a challenge to the natural law theory. John Austin and HLA Hart were both positivists.[1] The common ground among positivist theorists is that there is no necessary connection between the law and morality, as well as the fact that the content of law depends on the social facts applicable to[…]

The integration of women into law enforcement positions is one of the most significant social changes globally. Several decades ago, women were consistently discriminated against in some kinds of jobs, and it was not easy for them to get absorbed in jobs considered masculine. Only a few women worked in correctional facilities with light and[…]

Introduction Discretion may only be applied to judgments made with legal authority, not those taken for unlawful purposes. Moreover, individuals inside an institution must have the legal power to make choices and work within the limits that others within the company or profession accept. This concept is helpful because it permits discretion to be addressed[…]

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