Is Unified Global Law System Possible?

Dear Readers, it has been on my mind for some time now to share this opinion with everyone. Our world has witnessed so many changes from the past ages to the present dispensation of time we all live in. Globalization has become the order of the day and corruption and lawless is taking a hold on almost everyone. The third-world and poorer country are becoming the subject and victims of authoritarian rule of the world's most powerful countries. Different organisations like the United Nations is just becoming a farce because it dances to the tune of the world' most celebrated countries who have enriched themselves from the devastation they caused upon other countries.

There has been a movement to have a unified global economy that will use a unified monetary system and the many arrangements to achieve this goal is presently going on. Refer to the links below for the unified currency:

http://www.futureworldcurrency.com/Default.asp

http://www.telegraph.co.uk/finance/currency/6152204/UN-wants-new-global-currency-to-replace-dollar.html

http://www.rense.com/general89/sinc.htm

My concern and what I want every law-conscious fellow to deliberate upon is "can we have a unified law?". A law that will be applicable to every mankind no matter which country you come from or which tribe you belong; a law that will supersede all other laws of every land; a law system that will promote no prejudice and respect no one above other; a law system that will maintain the highest law and order. Can u just imagine if all these are possible or does it mean that I am only fantasizing?

Well if it is possible, the next question would be:

• where is the international most supreme court house going to be located? - USA, Switzerland, Russia etc?


• who will be the most supreme judge?


• how is the system be organised to cater for all countries?


• which constitution, statutes and acts shall be drafted?


• will the world power agree to this?

As a matter of fact, I would opine that it would be the world most difficult project ever because of the complexity of human nature. But sincerely, it is achievable if hearts are set on it; therefore, all world's injustice can be brought to book.

Let me have you comment on this issue. Thanks and have a good day.

Expert Input Sought on Belarusian Information Law : Internet Business Law

The Government of Belarus is in the process of adopting a law on information, informatization and protection of information in that Eastern European country. Belarus intends to combine national and self-regulation to guarantee the right to receive and exchange information, including governmental data, while protecting individual privacy and national security. Think tank E-Belarus is seeking expert advice on the matter to measure the impact of the law; identify positive or negative aspects of it; and determine whether any provisions are missing from the text. Please click on 'Discuss' to post an expert comment on the proposed law at the IBLS Speaker's Corner, our legal blog. Your input is most appreciated by the parties working on this initiative.

The proposed Law of the Republic Of Belarus 'On Information, Informatization and Protection of Information' designates the powers of public officials in this area; guarantees the right to information as long as it isn't abused; establishes the types of information available, including public and confidential information; and sets the parameters regarding the use of personal and professional data and state secrets. It also regulates the provision and distribution of information, including data held by state bodies posted online; and demands the prompt distribution of public information upon electronic request. Furthermore, the proposed law sets the legal requirements of owners and users of data and systems, including the rights and responsibilities of parties regarding data protection."

Under the proposed law, the president and the council of minister will define and implement the country's information and privacy policies. The State Center on Information and the National Academy of Sciences will come up with technical measures to protect information and keep a registry of the providers of said data. The Ministry of Communication and Informatization will regulate the sector and endure the implememntation of internationa treaties and the upgrading of technology. State organizations will guarantee the understandin of information tecchnologies and resources and the timely receipt of public information.

Visit the link below to read the rest of this article: http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=1776

E-Commerce Law: Plaintiff Will Not Get Her “Days Inn” Court

On March 26, 2010, the California Court of Appeals affirmed the dismissal of a slip-and-fall case filed by Xuan T. James, who was injured at a Minnesota Days Inn in which she reserved a room online. James v. T .H. Continental Ltd., 2010 WL 1170977 (Cal. App. 1 Dist. March 26, 2010). James brought suit in California against T.H. Continental, the operator of the hotel in Minnesota, because she made her hotel reservation from California on an interactive website operated by Days Inn.

T.H. Continental does not conduct business or own property in California. It is a franchisee of Days Inn Worldwide, Inc., and manages the Minnesota Days Inn where James was injured. Despite the lack of direct contacts with California, James contended that T.H. Continental had sufficient minimum contacts with California to establish personal jurisdiction based on three theories: (1) T.H. Continental purposefully availed itself of the privilege of doing business in California by operating an interactive website that allows California residents to make room reservations; (2) she entered into a contract with T.H. Continental in California when she reserved a room over the internet; and, (3) the franchise relationship between T.H. Continental and Days Inn Worldwide is sufficient to establish jurisdiction."

To read the complete story, please click on this link: http://ecommercelaw.typepad.com/ecommerce_law/2010/04/plaintiff-will-not-get-her-days-inn-court.html

Terms of Contract of Sales of Good

Often time, many people go into contract to buy a particular good without even reading through the essential statements contained in the terms of the contract. The stipulation in a contract of sale with reference to goods which are the subject thereof may be a condition or a warranty.

Conditions

A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. In some circumstances to a breach of the conditions of a contract, the innocent party cannot repudiate the contract but can merely claim damages. Generally, the statement of conditions of a contact is very vital and binding for the sales of good to be completed.

Warranty

A warranty unlike the conditions, is a stipulation collateral to the main purpose of the contract, the breach of a warranty gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. Warranty often deals with the functionality and purpose for which the good is meant to fulfil or offer.

The stipulation of a contract whether it's a condition or a warranty depends in each case on the construction of the contract. Stipulation as to time would be considered only if the contract indicates the exact time to which the payment must be made. If the time is not mentioned or silent, that means that the buyer may pay at the date agreed upon and the seller can not repudiate the contract.

Sales of Goods

Everyone at one point or the other, has or will enter a contract of sales of good. It is regarded as a commercial transaction because it involves exchange of the goods with a valued price of money.

What is 'goods'? Goods means 'every kind of movable property other than actionable claims(e.g suing another person for a debt or for any other reason) and money; it includes stocks and shares, growing crops, grass and thing attached to or forming part of land which are agreed to be severed before sale or under the contract of sale'. Note that LAND is not part of sale of good.

Goods could either be existing or future goods. Existing goods are goods already owned or possessed by the by the seller, and may be either specified or agreed upon at the time a contract of sale is made. Future goods means goods to be manufactured or produced or acquired by the seller after the making of the contract of sale.

The contract of sale of goods is 'a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price'. This means that a sale occurs when the ownership in goods passes to the buyer. A sale is different from agreement to sell, an agreement to sell is a contract in which the transfer of the goods is to take place at a future time or subject to some conditions which are yet to be fulfilled.

Formation of the Contract: this is made by an offer to buy or sell goods at a particular price and the acceptance of such an offer. that is the buyer must agree to the price that the seller is offering his/her goods. Both the sell and the buyer might also agree upon the delivery method and payment method if it would be an immediate, full payment, or instalments. The formalities of the contract of sale may be made in writing and partly by word of mouth, or partly in writing and partly by word of mouth.

Legal Principles on Company

As stated in the previous post, Company is a separate legal entity and it's dinstinct from its members and shareholders.

Some legal principles hold for companies and among them are what I shall discuss below:

Doctrine of Corporate Legal Entity

A company is seen as just like a human individual entity and in no way will the position of a company interferes with the personality of the owners, members or shareholders of the company. The legal entity signifies that a company answers a name of its own, can sue and be sued, can buy, sell, lease and mortgage its property in its own name. So when there is any crises or legal issue, the owner of a company is treated differently and also the company as an individual legal entity.

• Legal decided case: Salomon vs Salomon Co. Ltd [1897] - A landmark UK company case of a shoemaker owned and operated by a single person. The case was upheld from a debt history that Mr Salomon found himself and the company in. The principle held was that the company will have to bear the liabilities alone and not with the owner of the company. (Please Kindly read the details of the case as provided in law references.

Lifting the Veil of Incorporation

This means that in certain circumstances, the directors and members of the company might be personally liable for theirbsiness transactions. Those circumstances include:

1. Business carried on when there are fewer than two members.
2. Defrauding the creditors.
3. Signing documents without the name of the company.

• Case: Lee William Leitch Bros Ltd. The company carried on business even after insolvency and the creditors discovered that they would not be able to pay. It was held that they carried out business with an intent to defaraud creditors. Hence, the directors of the company would be personally liable for the debts.

The Company and Its Law

A company is said to be "an association of persons formed for the purpose of an undertaking or business carried on in the name of association".

It should be emphasised that BUSINESS is any activity that provides good or services at a profit; then, every business carried out in no matter the form it takes, must be registered and must be not be illegal.

Types of Business:

1. Sole Proprietorship: it's the simplest form of business organization with minimal legal requirement. It's owned by one person but can have large number of employees. The liabilities are unlimited and the business ceases if the owner dies.

2. Partnership: it's the agreement between to or more people to engage their capital in working together. The responsibility, debt and risk of the company is shared among the partners. The liabilities are also unlimited and a partnership may end if any of the partners resigns or dies.

3. Companies: this is a separate legal entity and is distinct from its members and shareholders. A formed company is said to have been "incorporated". A company can own a property, make contracts, employ people and being sued or sue other party. Continuity continues in company is any of the members dies or incapacitated.

Classification of Companies: Companies could be any of the forms listed below:

• Unlimited and Limited Company
• Public and Private Company
• Holding and Subsidiary Company

The Doctrine of Stare Decisis

Dear Readers,

The topic for discussion in this post is "Doctrine of Stare Decisis"! What does it really mean and where, how and when is it used? Please dare to follow me as I will try to unveil few thruths about the Doctrine of Stare Decisis.

Stare Decisis is a legal term often used to refered to as the Doctrine of Stare Decisis. The words originates from the Latin phrase stare decisis et non quieta movere, which means "maintain what has been decided and do not alter that which has been established". According to the World Dictionary of Foreign Expression, Stare decisis means the principle of precedent where a judge is bound generally to apply principles and rules contained in earlier decisions.

For different countries as they have different leagal system, the doctrine of stare decisis depends on whether the country legal system avails the principle or not. It is known that the English and the American legal system practice the doctrine of stare decisis. In contrast, the French legal system does not practise the doctrine of stare decisis but offers instructive comparison.

The application of doctrine of stare decisis holds horizontally and vertically. Vertically, the inferior courts which conducts almost all the trial proceedings are bound to obey precedents by a superior court. E.g. a High Court to Court of Appeal; and Court of Appeal to Supreme Court. Horizontally, a judge is bound by (or at least should respect) decisions of earlier judges of similar or coordinate.

For every country whose legal system supports the Doctrine of Stare decisis, it's no mistake when you see a judge making references to previous decisions that have been upheld in the past before he or she gives aa final verdict. This is because he or she is bound by the doctrine od stare decisis. So unless it is abolished in that country, the doctrine of stare decisis will continue to hold.

For more reference, visit:

http://www.wickedlocal.com/cambridge/news/opinions/x1658506774/Guest-commentary-Stare-decisis-The-Supreme-Court-versus-the-Administration

http://en.wikipedia.org/wiki/Stare_decisis

Sodomy trial of Malaysia's Anwar starts - Yahoo! News

Sodomy trial of Malaysia's Anwar starts - Yahoo! News: "KUALA LUMPUR, Malaysia – Malaysian opposition leader Anwar Ibrahim has gone on trial for allegedly sodomizing a male aide in a politically charged case.
The Kuala Lumpur High Court began hearing the case Wednesday after Anwar's lawyers exhausted efforts to put the proceedings on hold on technicalities.
The prosecution accuses Anwar of committing sodomy with 24-year-old Saiful Bukhari Azlan in June 2008.
Anwar, 62, calls the allegation a conspiracy aimed at breaking his political movement.
The opposition severely eroded the ruling coalition's grip on power in March 2008 general elections.
Sodomy is punishable by up to 20 years' imprisonment in this Muslim-majority country. A conviction would also bar Anwar from politics for five years."

It's all about Law!

Studying law has been one of my salient interest. Now in the course of my study, I have the opportunity to study just an aspect of law that is related and also compulsary for my discipline- Business law.

My first day in class was very interesting and I enjoyed all the moment of it. My Business law lecturer, Mr Sonny was very keen that students should make contributions in class and ask questions. He was the one who actually encouraged everyone to create a blog which will be for the upload of our assignments, commentaries, findings and so much more about law!

I hope you will enjoy reading my blog.

Thanks.