Commercial Law Essay Example | Topics and Well Written Essays - 3000 words - 2

Commercial Law - Essay Example many are those who have said that â€Å"the core objective of undertaking commercial and thus creating a commercial atmosphere in any country would fail†2. For example if commerce or the act of doing business is not regulated, chances are that people would seek to make money through the wrong means and there will be no way of checking how much a person makes and through what means so that the needed agencies including government would have the right allocation of taxes to benefit the larger population. But when arguing for the regularization of businesses or commercial activities, many are those who have questioned how the regulations should be carried out, with a lot more people touching on the possible use of a commercial code3. This paper therefore addresses the question of whether or not the United Kingdom needs such a commercial code that have been practiced and used in other jurisdictions including Germany and Turkey. A commercial code is a form of regulation that guides and governs the way and manner in which the commercial institution of any country or given region should operate. It is therefore said to be â€Å"a codification of governing laws for all commercial entities within an identified setting including trade, merchants, companies, commercial bargains, and commercial contracts†4. The emphasis here therefore is that the commercial code is a standardised document that clearly states all laws that should guide the way commerce should be undertaken from both a practical and theoretical perspective. These laws are also taken from a private law perspective even though it may be regulated on a national basis in most cases. Commonly, the aspects of private laws that will be included in a commercial code includes but not limited to â€Å"sales of goods, leases of goods, business contractual agreements, negotiable instruments, fiscal deposits, letters of credit, investment securities, amo ng others†5. Once the laws that should guide trade and business are

Coursework on Family Law Example | Topics and Well Written Essays - 1500 words

On Family Law - Coursework Example Sue can no longer tolerate such extreme levels of violence and wants Barry out of the rented flat. However, Barry is registered disabled after suffering a back injury a few years ago. His mobility is limited and the flat has been adapted to suit his needs; the couple were given a ground flat because Barry finds it difficult to climb stairs. Therefore, any legal advice to Sue in regard to her intention to have Barry out of the flat should consider the following; the couple are married or in civil partnership, they live in a rented flat (they do not own a home), the marriage is characterized by domestic violence, and Barry is a registered disabled. As such, Sue has several options regarding her attempt to have Barry out of the flat. However, there are some legal provisions that make this intention difficult to execute. Sue cannot have Barry out of the flat because they are married and as long as the status of marriage has not changed both partners have rights to occupy matrimonial or c ivil partnership dwelling- house. This right is granted under the Family Law Act 1996: Rights to occupy matrimonial or civil partnership home (section 31) (The National Archives, 2011). ... Legal actions against Barry can lead to two possible outcomes; Barry will be charged for domestic violence and may be fined or imprisoned, or both, and secondly, the court may grant a divorce if it establishes that Barry behaved so badly and the couple cannot reasonably be expected to live together any longer as decided in Yemshaw v London Borough of Hounslow.3 In the first scenario, she would have had Barry out thanks to imprisonment; in an event Barry is fined, he may have learned his lessons and stop drinking heavily hence not causing harm to his wife. Besides, Sue has another option which is out- of- court alternative; she can take Barry to rehabilitation centre or to counselling specialist to help him reduce or stop heavy drinking thus restoring normalcy in marriage, because apparently the violence is caused by Barry’s heavy drinking behaviour. Lastly, considering that Barry is registered disabled, having him out of the flat that has been adapted to suit his needs may pro ve inappropriate regardless of his wrongdoings. This is because the Disability and the Equality Act 2010 requires that the interests of the registered disabled be given utmost priority especially by the carer such as spouse or parent.4 It is therefore appropriate that Sue considers all these aspects and exhaust out-of-court options such as seeking counselling and rehabilitation services before resorting to court. Q2: Civil Partnership Act 2004 and its Implications on Same Sex Marriages The Civil Partnership Act 2004 is an Act that governs Civil Partnership in the United Kingdom. Most provisions of the Act govern the new responsibilities and rights conferred on couples of same sex and who are registered as