Claimants College Essays Samples For Students

For the past couple of months, several news organizations are reporting China’s astounding economic growth and subsequent mobilization in the Asian region which is both alarming and impressive for many experts. Their economic growth is astounding for the very fact it proves China is still an economic powerhouse even in today’s world given their history as the world’s first traders. On the other hand, however, the mobilization of its forces around its “claimed” territories is alarming because of the possible implications that China is now getting ready to overthrow the United States as the dominant force ...

A Brief Set of Facts

This case was instituted before the High Court of South Africa in September 2014. The first claimant was the duly registered owner of a residential property located in River East Township Division IR Gauteng. Through several formal and informal agreements, the first claimant agreed and transferred the title of the immovable property to the second respondent, and the name in the register was changed to the second respondent. With the title to the property, the second respondent secured a loan from the third respondent using the property as security. The claimants sought a declaration that the agreements between the ...

Introduction

In this paper, I will argue that the fact that a certain individual is recognized as an employee, automatically “grants” employer status to the person or entity that hires this individual; the legal status of employer is inherently connected to the status of employee. Both parties acquire certain rights and obligations as soon as their relationship falls under the definition of employment. However, as much as there are no strict criterion that help to determine whether a person is an employee, similarly, whether an entity or an individual is an employer will largely depend on the form of relationship ...

Introduction

Lopez Ostra was a Spanish citizen who filed a case before the European Court of Human Rights through the European Commission on human rights. The claimants accused the Spanish government of failing to protect his privacy, home, and family life against pollution from neighboring factories which amounted to a violation of the right to healthy environment and the right to respect the private home and family life. This case was anchored on the responsibility of the state to be held accountable for actions of private entities within its jurisdiction. It is a sophisticated case that was instituted under the ...

Introduction

According to “A Guide To The Jackson Reforms” (July 2013), these reforms are known by this name because it was Sir Rupert Jackson – a senior Court of Appeal judge – who was requested by Sir Anthony Clarke, Master of the Rolls, to carry out this review into the costs of civil litigation.
The article reports that the review was commenced in early 2009 and the report presented to Jack Straw (then the Lord Chancellor) in January 2010 – a year later.

Quoting a statement by Sir Rupert Jackson included in the article:

“In some areas of civil litigation costs are disproportionate and impede access to justice. I therefore propose a coherent package of interlocking ...

Introduction

More than 500 employees of Wal-Mart Stores Inc. filed a discrimination claims against the firm with the United States’ Equal Employment and Opportunity Commission. This came after the Supreme Court blocked a class-action lawsuit the previous year. The filing of the claims came to preserve the rights of women to pursue personal and regional class-action suits against the firm concerning the alleged discrimination on payments and promotions. The world largest retailer suffered the consequences on 26 April 2010. The ruling came from the federal appeal court situated in San Francisco with the firm accused of discrimination under class action. Some six ...

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

Procurement Process Contract Validity

Offer – An offer describes the expression of a willingness to enter into a binding contract on given conditions, and as such, it is expressed with the purpose of it becoming binding if the set terms are satisfied. According to Storer v Manchester City Council (1974) and Gibson v Manchester City Council (1979), an offer must be both specific (time and place, quality, quantity, means and time of communication etc) in its invitation for other parties to enter a binding contract, including without any further negotiations, because it includes the understanding and invitation of a supplier’s assent, which will conclude the contract. Effectively, ...

Introduction

A Freight claim/transportation claim/cargo claim/damage claim refers to a legal demand by a consignee or a shipper to a carrier or shipper for financial reimbursement for damage or a loss of a shipment. The intention of this claim is for the shipper or a carrier to make consignee or shipper whole. In general, claimants are expected to file the claim to recover the costs, but not including the profits. In addition, claimants are expected to take sound measures to mitigate damage or loss. For instance, in case the product that is damaged has retained some of its value, the carrier or shipper is only required to ...

Essay: Global Financing Strategy

1 If Germany imposes interest rate ceilings on German bank deposits, what is the likely effect of this regulation on the euro interest rate?

While Germany does not have any statutory laws governing the ceilings on interest rates, the morality of a credit contract is required to be analyzed by a court, as per the Federal Court of Justice. The contract is said to be excessive when the interest being charged amounts to twice the average market interest rate for a specified duration .

Germany uses subjective controls to limit extortionate credit practices. However, should it choose to impose an interest ceiling on ...