The Legal Obligations of Parties in Various Business Transactions - Free Essay Example

Sample details Pages: 7 Words: 2176 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Essay any type Did you like this example? Introduction Law provides the framework for the regulation of business relationships and hence is imperative for any business activity forming an important part of business environment. In the given assessment the interplay of law and business has been is depicted while analyzing the legal obligations of parties in various business transactions. Task 1 Sole trading Sole trading is where a person starts his personal business without any collaboration with others. Fewlegal formalities to operate the business in sole trading and the owner hastotal controlover the business and hence he gets the entire profit. In order to set up as a sole trader one must register with the HM Revenue Customs (Elearn,. 2000). Don’t waste time! Our writers will create an original "The Legal Obligations of Parties in Various Business Transactions" essay for you Create order Partnership In UK it is governed by the Partnership Act of 1890. Section 1(1) of the Act defines it as à ¢Ã¢â€š ¬Ã‹Å"the relationship between two or more people with the aim of profit Companies A company, as an artificial person (Elearn, 2000), is able to act only through its agents. The registration and establishment of a company is governed by the Companies Act of 2006. Section 9 of the Act provides that the memorandum of association must be delivered to the registrar together with an application for registration of the company. Section 4 of the Act provides for public and private companies. Private Limited Companies Private companies have Ltd after their name. They are typically smaller than public companies. Shares in a private company can only be bought and sold with permission of the Board of Directors, hence shareholders have limited liability. Public Limited Company A public company can sell shares to the public and to financial institutions and have their shares traded on the Stock Exchange. In order to create a public company the directors must apply to the Stock Exchange Council (Dennis M. Daley, 2011). Franchising A franchise grants permission to sell a product and trade under a certain name in a particular area. The person taking out the franchise puts down a sum of money as capital and is issued with equipment by the franchising company. Franchise contracts need to comply with general principles of contract law and take account of Data Protection Act, Unfair Contract Terms Act, Sales Agency Regulations, Transfer of Employee (on transfer of business) Regulations, Third Party Rights Act. The main areas of legislation that affect businesses are: Employment law- It aims at protecting the health, safety and rights of employees. The law governing employment in UK comprises of Disability Discrimination Act, 1995; Employment Rights Act, 1996, Sex Discrimination Act 1975, Race Relations Act 1976, Employment Protection Act 1978, etc. Consumer Protection- It aims at making sure that businesses act fairly towards their consumers especially since consumers are sometimes in a much weaker financial position (Elearn, 2000). Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade which is investigated by theOffice of Fair Trading. Competition law- It aims to ensure that fair competition takes place in each industry (Elearn.,2000). TheCompetition Act 1998and theEnterprise Act 2002are the most important statutes relating to competition law. Task 2 This is the case of family loan, a financial debt a person owes to a relative. In the majority of cases, the agreement is extremely informal with no contract or interest. As the contract between Asma and her brother complies with the basic requirement of contract under English Law, she has an obligation to pay. Since Gavin has promised to pay Asma  £200 for her work after the work was done, he can refuse to pay it later and Asma has no claim over it. This is because a promise cannot be based upon consideration that was provided before the promise was made (Jerome C. et el, 1908). As Franz has engaged Asma to organise a NAZI themed party where the uniforms and symbols expressing racial bigotry would be used which would be against public policy, Asma can avoid the contract. Pearce v Brookes(1866) LR 1 Ex 213, A contract ispactum illicitumif its object is or entails the commission of a crime or a delict; if its purpose is in other respects immoral or if it is detrimental to the national interest or contrary to public policy. The contract between Franz and Asma will be against Public policy as it will promote racism. Hence, Asma can discontinue her services. Although the effect of a void contract is to put the parties to the position in which they were before they entered the contract, Franz but he has no claim over the deposits he made to Asma and hence she is not bound to return it. In the given illustration since the contract expressly provided that à ¢Ã¢â€š ¬Ã…“prompt payment of instalments is of the essence to the contract and failure to comply would entitle Pulse Plc to terminate the agreementà ¢Ã¢â€š ¬Ã‚  (Jerome C. et el 1908),. Therefore, the failure to pay the third, fourth, and fifth instalments timely and the sixth becoming six weeks overdue, amounts to a breach of condition by Asma. Therefore, the termination of the contract by Pulse Plc is valid. It is an established principle that the following constitute a repudiatory breach of contract justifying termination at common law[1]: (1) a breach of condition (as opposed to warranty); (2) a refusal to perform, known as renunciation; and (3) a sufficiently serious breach of an intermediate/innominate term. The present case deals with breach of condition. If any term of the contract qualifies as a condition, i.e. a vital term, then breach of it, the contract can be terminated. Provided the term is a condition, the innocent party will be entitled to terminate the contract, no matter how minor the consequences of the breach. Prompt payment of the instalments was a condition in the contract and not a warranty, therefore, Asma can be sued for breach of contract by Pulse Plc. Moreover, since it was expressly mentioned in the contract, the right to terminate has arisen pursuant to a clause in the contract itself and therefore, Asma can be sued for the breach of it. Task 3 A basic overdraft facility is offered by all major Banks in theUK. However, whether this facility is offered free ofinterest or is subje ct to an average monthly balance figure or is at the banks overdraft lending rate, varies from bank to bank, A customer is said to be overdrawn without authorisation when he/she exceeds their authorized overdraft limit. This results in the customer being charged one or more fees, together with a higher rate of lending on the amount by which they have exceeded their authorized overdraft limit. This practise of charging fees on a daily basis by the Banks is sometimes considered to constitute unfair terms. The Office of Free Trading found that banks earn around a third of their personal current account (PCA) revenues from unarranged overdraft charges (UOCs) that are difficult to understand, not transparent and not subject to effective customer control. The principal issue to be decided by Andrew Smith J. in the OFT v. Abbey National [2009] UKSC 6 was whether the relevant charges were subject to the fairness test under UTCCR. Andrew Smith J. held that the relevant terms were in plain intelligible language except in certain specific and minor respects. The banks did succeed in establishing that the charges were not unenforceable penalties at common law. On appeal to the Supreme Court, the decision was again in favour of the banks. The Supreme Court had to decide not whether the banksà ¢Ã¢â€š ¬Ã¢â€ž ¢ charges for unauthorised overdrafts were fair but whether the OFT could launch an investigation into whether they were fair. The Court held that UOC are subject to the test of fairness. Therefore, the terms that provide for these charges do not represent unfair terms. All that is required is the terms must be fair. The current proposals for reform of unfair terms in contracts legislation are:- The law must be simplified because it is often criticised for its complexity. To be à ¢Ã¢â€š ¬Ã…“transparentà ¢Ã¢â€š ¬Ã‚  a term must be (1) in plain, intelligible language; (2) readily available to the consumer; To be à ¢Ã¢â€š ¬Ã…“prominentà ¢Ã¢â€š ¬Ã‚  a term must be presented in such a way that the average consumer would be aware of the term. The more unusual or onerous the term, the more prominent it needs to be. The Department for Business, Innovation and Skills should hold discussions with the Office of Fair Trading and other regulators about the mechanics of preparing guidance. Subject to these discussions, it should ensure that in deciding whether a term is transparent or prominent, the courts may have regard to guidance. The legislation should specifically state that terms on the grey list are assessable for fairness. The price/main subject matter exemption should be read subject to this provision. The legislation should state that terms of the grey list are assessable for fairness, unless they are exempted by other provisions of the legislation. Task 4 The possible claims of nuisance that may be brought against Victor are:- Ursula, who owns a manor nearby can claim nuisance against Victor as the peace of Sunday has been ruined by the noise and activity due to Victorà ¢Ã¢â€š ¬Ã¢â€ž ¢s activities. She is no longer able to host lavish Sunday lunch parties as her dining room looks straight onto the field with the result that the visitors to the car boot sale could stare at her and her friends as they sit at the table. She can bring a claim for private nuisance against Victor.Nuisance is indirect and unreasonable interference with the enjoyment of property. Moreover because a number of visitorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ cars park on the grass verges outside the villagersà ¢Ã¢â€š ¬Ã¢â€ž ¢ houses due to Victorà ¢Ã¢â€š ¬Ã¢â€ž ¢s business and one resident, Dennis, has frequently been unable to visit his grandchildren in the neighbouring village because of the cars parked in front of his drive, he can also bring an action for private nuisance against him. Since the villagers of Alverstoke are also upset due to the volume of traffic generated by the car boot sale and because one street in the village is blocked for most of Sunday, they can bring a claim for public nuisance against Victor. Public nuisance has been defined inAttorney-General v PYA Quarries Ltd, (1957) 2 QB 169, every person is guilty of an offence at common law, known as public nuisance, who does an act not warranted by law, or omits to discharge a legal duty, The possible claims that might be brought against Moira are: As she has set up a Sausage and Burger Bar in a caravan which is permanently parked just outside the entrance to the field. The members of the locality can bring an action for nuisance against her. Nat and Olive who have rented a cottage to the entrance so that Olive, could finish her latest novel in the peace and quiet of Alverstoke, have complains about the noise and particularly the smell of frying onions from the burger bar. They too can bring an action for private nuisance. However, this cannot be concluded decisively as they do not own the house. This is because nuisance is unreasonable indirect interference with the use of oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s property. But since Nat and Olive had rented the cottage and it was under their control they can bring an action against Victor. The bursting of large drums of cooking oil which resulted in the oil trickling into a stream in Victorà ¢Ã¢â€š ¬Ã¢â€ž ¢s field which flew into a lake in the grounds of Ursulaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Manor, affecting it badly and killing all the fish stocked in the lake by her, will make Moira liable for negligence. This is because Moira stored the large drums of cooking oil outside the caravan, and went out for shopping. The sunà ¢Ã¢â€š ¬Ã¢â€ž ¢s heat caused one of these large drums to burst resulting in the damage. This is a case of negligence as Moira had a duty to take care and she committed a breach of that duty. According to the principle of taking reasonable care in order to avoid injury to the neighbour laid down by Lord Atkin in Donoghue v Stevenson [1932] UKHL 100, Moira had a duty to take care. Since Moira had a reasonable duty to take care which she breached resulting in damage, she is liable for negligence. REFERENCES D. Bannister, A.P. Brown, B. Dormand, (1980), The Effectiveness of the Major Clearing Banks in Attracting New Accounts: A Case Study, Managerial Finance, Vol. 5 Issue 3, pp. 277 285 Dennis M. Daley(2011) Performance Appraisal in the Public Sector: Techniques and Applications, California: ABC-CLIO at p. 80. Elearn (2000). Business Environment, Burlington: Pergamon Flexible Learning, at p. 96. Jerome C. Knowlton, William Reynell Anson (1908). Principles of the English law of contract and of agency in its relation to contract, Chicago: Callaghan and company at p. 120. Matti Siemiatycki (July 2011), Public-Private Partnership Networks: Exploring Business-Government Relationships in United Kingdom Transportation Projects, Economic Geography Journal, Vol. 87, No. 3 (July 2011)at pp. 309-334. Spencer, J. R. (1989). Public Nuisance: A Critical Examination.The Cambridge Law Journal. 48 (1), p34-42 The Law Commission and The Scottish Law Commission on UNFAIR TERMS IN CONSUMER CONTRACTS: Advice to the Department for Business, Innovation and Skills  ¶2.25. Case Laws Attorney-General v PYA Quarries Ltd, (1957) 2 QB 169. Donoghue v Stevenson, [1932] UKHL 100. OFT v. Abbey National [2009] UKSC 6. Pearce v Brookes(1866) LR 1 Ex 213. [1]

Justice System Position Paper - 1845 Words

Justice System Position Paper Dorothy Brockington University Of Phoenix Introduction to Juvenile Justice Timothy Cariker March 5, 2011 Justice system position paper The purpose of this paper is to state my belief that juveniles should and can be rehabilitated. The goals and efforts of rehabilitation are to keep the juvenile offenders out of the correctional facility. Peers impact delinquency in several ways for instance; most teenagers follow their friends do to peer pressure.†¦show more content†¦The juvenile justice system should adopt the focus of rehabilitation verses punishment for reasons such as, when juvenile delinquents are order by a judge to become rehabilitated they tend to learn from their mistake and attempt to make a life change for the better. Most juveniles who committed to becoming rehabilitated have become successful with deterring from criminal activities. In many cases some juvenile delinquents have grown to be productive throughout their teenage years into adulthood after receiving rehabilitation. Rehabilitation has an affect on law enforcement, court process, probation, corrections, community service, and intervention programs for example, within law enforcement most juvenile offenders stand a lesser chance committing a second offense. This would allow the law enforcement to focus on new cases of criminal offenders. In addition to focusing on new offenses, law enforcement can utilize the funding that it would take support the process and use it in other areas most needed. â€Å"Almost all federal support for juvenile law enforcement activities comes through grants made to states and local agencies.†(Rabkin, J.N., 1998) Most juveniles are recommended rehabilitation during the court process. 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Types of spoofing Free Essays

Chapter 2: Types of Spoofing 2.1 Distributed Denial of Service Attack The IP spoofing is largely used in Distributed denial of service onslaughts ( DDoS ) , in which hackers are concerned with devouring bandwidth and resources by deluging the mark host machine with as many packages as possible in a short span of clip. To efficaciously carry oning the onslaught, hackers spoof beginning IP addresses to do tracing and halting the DDoS every bit hard as possible. We will write a custom essay sample on Types of spoofing or any similar topic only for you Order Now Here the aggressor scans internet and identifies the hosts with known exposures and compromise them to put in onslaught plan and so exploits the exposures to derive the root entree. [ 6 ] 2.2 Non-blind spoofing This type of onslaught takes topographic point when the hacker is on the same subnet as the mark that can see sequence and recognition of every package. This type of spoofing is session commandeering and an aggressor can short-circuit any hallmark steps taken topographic point to construct the connexion. This is achieved by perverting the DataStream of an established connexion, so re-establishing it based on right sequence and acknowledgement Numberss with the onslaught host machine. 2.2 Blind spoofing This type of onslaughts may take topographic point from outside where sequence and acknowledgement Numberss are non approachable. Hackers normally send several packages to the mark host machine in order to try sequence Numberss, which is suited in old yearss. Now a yearss, about every OSs implement random sequence figure coevals for the packages, doing it hard to foretell the sequence figure of packages accurately. If, nevertheless, the sequence figure was compromised, information can be sent to the mark host machine. 2.4 Man in the Middle Attack This onslaught is besides known as connexion oriented highjacking. In this onslaught chiefly the aggressor or the interrupter will assail the legal communicating between two parties and eliminates or modifies the information shared between the two hosts without their cognition. This is how the aggressor will gull a mark host and steal the informations by hammering the original host ‘s individuality. In the TCP communicating desynchronized province is given by connexion oriented highjacking. Desynchronized connexion is that when the package sequence figure varies for the standard package and the expected packet.TCP bed will make up one’s mind whether to buffer the package or fling it depending on the existent value of the standard sequence figure. Packages will be discarded or ignored when the two machines are desynchronized. Attacker may shoot spoofed packages with the exact sequence Numberss and alteration or insert messages to the communicating. By remaining on the com municating way between two hosts attacker can modify or alter packages. Making the desynchronized province in the web is the cardinal construct of this onslaught. [ 12 ] 2.5 Decision Assorted types of IP spoofing and its onslaughts are explained in this chapter. Here we have discussed about four types of burlesquing onslaughts like Distributed Denial of Service Attack, Non-blind spoofing, blind burlesquing and Man-in-the-middle onslaught, and besides how these onslaughts can make jobs to destination machines. Various Security demands are discussed in the following chapter. Chapter 3: Security Requirements 3.1 Network security demands The Internet became the largest public information web, enabling both personal and concern communications worldwide. Day to twenty-four hours the information trafficking is increasing exponentially over the internet universe and besides in the corporate webs. As the engineering is developing the velocity of communicating is increasing via electronic mail ; nomadic workers, telecommuters. Internet is besides used chiefly to link corporate webs to the subdivision offices. As the technolgy developed the use of cyberspace has became more and besides use of different engineerings became more at the same clip security menace besides became more and gave opportunity to more faulties to make at that place things.so the corporations utilizing them should protect and increase the security.The web onslaughts became really serious as they are more effectual for the concerns because they store the of import and sensitive informations, as the personal banking records or the concern and medical studies. If the onslaught is done on such sort of corporates it is really hard to retrieve the doomed informations which besides leads to free the privateness and takes batch of clip to retrieve.The cyberspace would besides be the safest manner to make the concern Despite the dearly-won hazards.For illustration, It is non safe to give the recognition card inside informations to the telemarketer through the phone or even a server in the restaurent this is more hazardous than give the inside informations in the web because security engineering will protect electronic commercialism minutess. The telemarketers and servers may non be that safer or trustworthy because we can non supervise them all the clip. The fright of security jobs could be harmful to concerns as existent security voilates. Due to the misgiving on the cyberspace the fright and the intuition of computing machines still exists.For the administrations that depends on the web will diminish there oppurtunities due to this misgiving. To avoid this security constabularies should be purely taken by the companies and besides instate the precautions that are effective.To protect their clients Organizations should adequately pass on. Companies should take the security stairss to non merely protect there clients from security breaches but besides there employers and the spouses information which are of import for them. Internet, intranet and extranet are used by the employers and the spouses for the efficient and the fast communication.These communicating and the efficiency should be looked after because they are more effectd by the web onslaughts. Attackers do the onslaught straight because this takes the tonss of clip for the employers to retrieve and reconstruct the lost informations and takes much clip even in the web harm control. loss of clip and valuble informations could greatly impact employee effectivity and assurance. The other chief ground for the demand of web security is the Legislation. harmonizing to the serveys conducted by the authorities they came to cognize about the importance of cyberspace for the universes economic position, they besides recognize that the aggressors consequence on the cyber space could besides do the economic harm to the universe. National authoritiess are mounting Torahs to modulate the huge watercourse of electronic information. Companies developed the schemes to procure the day of the month in the safe manner in conformity to set up the ordinances given by government.The companies which does non take security constabularies to protect the information conformity will be voilated and penalized. 3.2 System security demands In these yearss supplying security had became a tough undertaking for all the bisiness and the different administrations. Security must be provided to the clients and the of import informations to safeguard them from the malicious and nonvoluntary leaks.Information is really of import for every endeavor, it may be the usage records or rational belongings. By the CIOs it became possible to clients, employees and spouses to acquire the informations in fraction of seconds.The cost of money besides became more to make all these things.There are three grounds for which this information may fall in hazard they are ( I ) when the concern procedure interruptions down ( two ) employee mistake ( three ) spreads in security. Hazard is so from client and competitory force per unit areas, regulative and corporate conformity, and the lifting cost promotion of informations leaks Information one of the of import resources of fiscal establishment ‘s. To maintain the trust between the spouses or develop the assurance in the clients it is more of import to supply the good security which will be helpful for the good traveling and the repute of the company. At the same clip reliable information is necessary to treat minutess and comfirm client determinations. A fiscal establishment ‘s net income and capital can be affected if the information leaks to unauthorised companies. Information security is one of of import procedure by which an organisation protects and secures its systems, media, and maintain information of import to its operations. The fiscal establishments have a great duties to protect the states fiscal service infrastucture On a wide criterion. The fiscal security of the client will beside s depends on the security provided to the industry systems and its informations.effective security programs should be taken by the Individual fiscal establishments and their service providersfor their operational complexness.there should be a strong and effectual board to keep and take attention of these security policies in order to protect the company from the security menaces or any other malicious attacks.there should be a regular guidance to the administrations on the security precations they take to supply the companies, so that we can acquire the more effectual consequences and can better the administrations security degree aswell. organisations frequently inaccurately recognize information security as status of controls. As the Security is an on-going procedure in overall security stance the status of a fiscal establishment depends on the index. Other indexs include the power of the establishment to continually measure its stance and react appropriately in the face of quickl y changing menaces, engineerings, and concern conditions. A fiscal establishment establishes and maintains truly effectual information security when it continuously integrates procedures, people, and engineering to palliate hazard in conformity with hazard appraisal and acceptable hazard tolerance degrees. By establishing a security procedure fiscal establishments secure there risks they recognizes hazards, forms a strategy to pull off the hazards, implements the strategy, tests the executing, and proctors the ambiance to pull off the hazards. A fiscal establishment outsources all of their information processing. Examiners use this brochure while measuring the fiscal establishment ‘s hazard direction procedure, including the duties, responsibilities, and occupation of the service beginning for information security and the oversight exercised by the fiscal establishment. [ 3 ] 3.3 Information security demands An information security scheme is a program to palliate hazards while staying by with legal, Statutory, internally and contractual developed demands. Typical stairss to constructing a scheme include the definition of control aims, the appraisal and designation of attacks to run into the aims, the choice of controls, prosodies, the constitution of benchmarks and the readying of execution and proving programs. The pick of controls is typically depends on cost comparing of different strategic attacks to minimise the hazard.The cost comparing typically contrasts the costs of different attacks with the possible additions a fiscal establishment could recognize in footings of increased handiness, confidentality or unity of systems and informations. These additions may include reduced fiscal losingss, improved client assurance, regulative conformity and positive audit findings. Any peculiar attack should see the followers Policies, processs and criterions Technology design Resource dedication Testing and Training. For illustration, an establishment ‘s direction may be measuring the right strategic attack to the security supervision of activities for an Internet environment. There are two possible attacks identified for rating. The first attack utilizes a combination of web and host detectors with a staffed supervision centre. The 2nd attack consists of every twenty-four hours entree log scrutiny. The first option is judged much more capable of observing an onslaught in clip to cut down any harm to the establishment and its informations, even though at a much more cost. The added cost is wholly appropriate when establishment processing capablenesss and the client informations are exposed to an onslaught, such as in an Internet banking sphere. The 2nd attack may be suited when the primary hazard is reputational harm, such as when the Web site is non connected to other fiscal establishment systems and if the lone information is protected is an information-only Web site. How to cite Types of spoofing, Essay examples