Friday 5 November 2010

Is the statute right always?


Incietment is not a very much familiar chapter for us. So when i was reading this chapter i find there was a new Act coming .After effecting the satute regarding incietment (New Serious Crime Act 2007  ), i find the common law was much better regarding this topic.

To know about this we should look at :
n  Previous common law.
n  New Serious Crime Act 2007  part-2  sec 44-49.
n  Problem regarding the new Act
  
Previous Common Law:
n  In previous common law there was a draft Criminal  Code which does not describe the actus reus  & mens rea
n  It is describe by case laws.
n  And as there was a developing trend , and it  was sufficient to describe incitement

Some Important cases:
Actus Reus:
Marlow Case [1997] Crim LR 897
Giannetto Case [1996] Crim.L.R. 722 :
Race Relation Board v Appline [1973] QB 815

Mens Rea:
R v Curr (Patrick Vincent)  [1968] 2 Q.B. 944; [1967] 2 W.L.R. 595
R. v Shaw  [1994] Crim. L.R. 365
R. v C (David Alexander) [2005] EWCA Crim 2827; [2006] 1 Cr. App. R. 20; [2006] Crim. L.R. 345


NEW ACT:
n   Sec-44 :Intentionally encouraging or assisting an offence 

n  Sec-45: Encouraging or assisting an offence believing it will be committed 
          A person commits an offence .
n  Sec-46: encouraging or assisting offences believing one or more will be committed 
n  Sec-47: Proving an offence under this Part


PROBLEMS   with the New Act:

Sec-44:
n  It’s only extends liability beyond the old incitement offence to include doing an act capable of assisting, even if not actually encouraging, where the full offence is not committed.

n   For example-D will be liable under s.44 if he provided an imitation pistol to P with the purpose thereby to encourage or to assist the latter to carry out a bank robbery and the requirements of s.47(5) are satisfied .The fact that D did not intend to participate directly in the commission of the anticipated offence is immaterial. It is also immaterial whether the anticipated offence was committed, or not .

Sec-45:
n  It has boarded the mens rea, regarding this offence.

n   As an example of the operation of s.45, consider D who supplies a gun to P, believing that P will use it to commit a murder. Under s.45 D can now be convicted and liable to life imprisonment the instant he supplies the gun, provided he has the specified mens rea .

Sec-46:
n  This is the broadest, most complex and most controversial of the new offences. It is introduced to deal with the problem encountered in secondary liability .
n  For example- D drives P to a public house, being unsure whether D is going to commit robbery, murder, explosives offences or offences against the person . under s.46, D need only do acts capable of assisting or encouraging; they need not assist or encourage in fact. Secondly, P need not perform any act or commit any offence; D's liability is inchoate, not dependent on P and is complete as soon as D has performed his act. Thirdly, D's mens rea under s.46 must be merely a “ belief”  that one of the crimes will be committed.

Sec-47:
n  What does s.47(8)(c) do? We should begin by saying what it does not do. As argued by Rudi Fortson in his commentary on the Act, it does not create an offence of attempting to encourage or assist an offence.Although in ss.44 and 45 “ the doing of an act”  refers to the conduct of the encourager or assister, in section 47 it refers exclusively to the conduct of the perpetrator; and s.47(8) is relevant only to the interpretation of this section.Its effect therefore is limited to encouraging or assisting an attempt to commit an offence.


For more Details:

 Cases:
n  Marlow, [1997] Crim LR 897
n  Giannetto [1996] Crim.L.R. 722
n  Race Relation Board v Appline, [1973] QB 815
n  R v Curr (Patrick Vincent)  , [1968] 2 Q.B. 944; [1967] 2 W.L.R. 595
n  R. v Shaw,  [1994] Crim. L.R. 365
n  R. v C (David Alexander), [2005] EWCA Crim 2827; [2006] 1 Cr. App. R. 20; [2006] Crim. L.R. 345
Articles:

  • Case Comment , Incitement , Criminal Law Review 1997, Dec,page 897-898

  • Case Comment ,Incitement to incite - common law offence ,Apr , Criminal Law Review 1986. page 245-248

  • Case Comment ,The mens rea of incitement, Alan Reed , Criminal Lawyer  2006, 162,  page  1-3
  •  Encouraging or assisting an attempt ,David Ibbetson, Archbold News2009 ,3,page 8-9 :
       Serious Crime Act 2007: the Part 2 offences ,David Ormerod and Rudi Fortson , Criminal Law Review 2009, 6, page 389-414:
  • Encouraging or assisting crime , L.H. Leigh , Archbold News 2008, 1,page 6-9:
       Encouraging and assisting crime: legislate in haste, repent at leisure, John Spencer and Graham Virgo , Archbold News 2008 , 9 ,page 7-9

Thursday 4 November 2010

Is Islamic Law Unfair for 21th Century?

An Iranian women was to be   hanged yesterday(3 november,2010) for adultery. It has been stopped now. Her punishment of stoning sentence was suspended earlier this year after prominent political and religious figures called it medieval, barbaric and brutal. The government said they really care about the Human Rights, But International organizations still putting pressure on them. Since 1979 Islamic Revolution Islamic law was in force in Iran.

 Now, many one can think because of this Islamic law some curtail punishment like death to stoning, amputation of hand   ,lashes are still existing. They are really wrong. Because to prove the offences standard of proof is very high..   As an Example: To prove adultery 4 eye witnesses are needed. And they need to be present on the time of punishment of death to stoning. If one of them are absent punishment will not occur.

So, the country which are maintaining the Islamic law regulation should not be forced .Because The punishment which is set by Quran is Perfect.(Hadd punishment).The other type of punishment (Tajir Punishment) can be asked  question.


Related Link:

Wednesday 3 November 2010

About Commercial Contract

Defination & Types:
A commercial contract is a type of contract that defines the terms of a commercial transaction. There are several types of commercial contracts.
1. Fixed Price Contracts:
Firm fixed price contract, or FFP contract, establishes the cost of a service before the service is rendered, and it does not change if the service costs more than anticipated. A fixed price contract gives the contractor a maximum price and a target price
2.Time and Materials Contracts:
A time and materials contract determines the cost of services based on fixed wages and materials costs. With this type of contract, laborers are given specific hourly pay rates, and materials are paid for based on their cost with no contractor fee.


If Parties Fail to Perform:
If a party in a contract fails to live up to their part of the contract, the justice system steps in to fix the problem. Generally, a court either enforces the contract or asks the offending party to compensate for harm done.

Remembering BDR Massacre in Bangladesh

There was a BDR Massacre on February 2009 in Bangladesh. Around  74 Military army was killed at that time.There was a "Gerenal pardon "for all the BDR by the Prime Minister. But Now they are under a trail.Almost each and every BDR haveing  punishment's.
As a law student i don't think it is fair because people who was not related with the conflict , are also under the trail. which is a question of human rights. Befor the trail Begain there was a conflict that under which law the trail should go on. So in totaly i think we should look at thae facts and decied wheather goverment is going on right track to punish them.


Related Link:
 http://bangladeshwatchdog.blogspot.com/2009/03/bdr-massacre-aftermath-and-historical.html
http://en.wikipedia.org/wiki/2009_Bangladesh_Rifles_revolt
http://www.e-bangladesh.org/2009/02/28/the-bdr-massacare/
http://www.heval.org/legerin/bdr
http://www.demotix.com/news/massacre-bdr-dark-episode-bangladesh-history

Work Shop Presentation

Friends!
I have upload my presentation on Child Labour. You can have a look.
Thank You.

Web Address:
http://www.slideshare.net/FalguniMoyeed/work-shop-sild

Tuesday 2 November 2010

"About Bangladesh Child Labour"

In Country like bangladesh ,child labour is a very common thing.in this country people don't need to see any satistic to find position of child labour, they can easily see it by opening their eyes.  Children's need to work for food. Parents send them for work ,knowing that it is not fare. If this child labour stop working many families will   not survive. As this is their only source of income.And because of this crutial reality,a groupof people use them for their own benifit.They use this child labour in a very low prize,in hazardous work and in many illegal work like trafficking.Special girls in pornography. But most of the young girl work in garments. And they are only around 13-14 years.
This country has signed Memorandum of Understanding (MoU)  in 1994.And it also
ratified both the Minimum Age Convention (C138) of the International Labour Organization (ILO), and the ILO Worst Forms of Child Labour Convention (C182). In addition, the country also ratified the UN Convention on the Rights of the Child.
Thoe the position is realy very upseting.Goverment shuld take some step on it.


For more details:
 http://www.banglarights.net/HTML/Childlabour.htm
http://www.dol.gov/ilab/media/reports/iclp/sweat/bangladesh.htm
http://www.ilo.org/public/english/region/asro/newdelhi/ipec/responses/bangladesh/action.htm

Monday 1 November 2010

CIF Contract (Work Shop-6)

The basic definition of the CIF contract is provided by Lord Atkinson in Johnson v Trylor Bros. The said annotation defined a CIF contract by indicating five specific stipulations that the seller must satisfy in order to tender the completion of the contract. Even though the decision on the said case does not imply that the contract is completed by tendering the documents of the shipments to the buyer, it provides the basic implication that the seller must accomplish acts that covers the costs, insurance, and the cost of freight the goods.


Advantages of the CIF contract:
  1. The buyer has the advantage of knowing from the date of the contract the exact price he must pay to obtain the goods: the contract price includes freight and insurance.
  2. More importantly, the use of the documents to perform the contract and represent the goods allows the parties to deal with the goods afloat. Thus the buyer can resell the goods before they arrive.
  3. In the occasion of loss of or damage to the goods during the transit it is initially essential to recognize the party entitled to take legal action to the carrier for breach of the contract of carriage. This subject is addressed in the provisions of the Carriage of Goods by Sea Act 1992 which replaced the Bills of Lading Act 1855.
  4. Ultimately, the buyer has a substantial right once he gets the documents of sale and he may still reject the goods on their actual delivery if they turn out to be not in conformity with the standards he had prescribed.
  5. The person who bought the goods via the document is assured of the payment even if the goods are damaged or never arrive at all for he is entitled to be paid on presentation of the documents. The buyer is generally protected against such losses by the bill of lading, giving a contractual right against the carrier, and the policy of insurance, covering most accidental losses.
  6. CIF contract are an exception to the general rule in s20 of the Sale of Goods Act which links the passing of risk to the passing of property. Whereas property under a CIF contract passes at the time the buyer pays and takes up the documents, the goods are deemed to be at the buyer’s risk from the time of shipment.  



Disadvantages:
 The buyer will have nothing in his hands except documents, which makes his condition more insecure as, he still has to deal with the insurer and the carrier and he may not be able to recover from them, i.e. by reason of an exclusion clause (the carrier may limit his liability in accordance with the Hague-Visby Rules) or if the carrier becomes insolvent. Furthermore, he may not be able to recover against the insurer if the specific risk was not covered by the insurance policy.
On the other hand if the goods have merely deteriorated or are damaged it seems more just to permit on a subsequent appropriation since the buyer will still have in his hands the goods, which may still be of some commercial value. Although these disadvantages may create difficulties, it is suggested that the main problem with this approach, at least as regards English law, is the absence of an appropriate legal technique for making the seller's knowledge relevant.
 If the goods are lost or deteriorate after the goods have been appropriated to the contract, the seller may still tender the documents; once goods have been appropriated to the contract the seller is not entitled to tender any others. Goods are lost after the contract is made but before shipment. Here the position is clear; the seller cannot ship any goods and so cannot fulfil his contract using the “lost” goods

Helpful Site

http://www.law-essays-uk.com/
http://definitions.uslegal.com

This sites i find helpful for knowing about any new topic. Hope every one can take a look at this.