Uberrima Fides or uberrimae fidei is a latin phrase meaning "utmost good faith". This is the total opposite of caveat emptor (let the buyer beware) as Uberrima fides is a legal doctrine which governs insurance contracts where all parties to an insurance contract must deal in good faith by making a full declaration of all material facts in the insurance proposal.
Link:
http://en.wikipedia.org/wiki/Uberrimae_fidei
Sunday, April 25, 2010
[BBL2014] Lecture Question 2
"Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account.
It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport."
i)Determine Geena’s liability: civil or criminal?
Civil law can be defined as "A body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law." In this case, Geena is liable in a civil law.
ii)What law(s) and statutes you think Geena has violated?
Geena has commited an act of Fraud by running an unregistered online investment portal and having a fake passport in her possession.
It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport."
i)Determine Geena’s liability: civil or criminal?
Civil law can be defined as "A body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law." In this case, Geena is liable in a civil law.
ii)What law(s) and statutes you think Geena has violated?
Geena has commited an act of Fraud by running an unregistered online investment portal and having a fake passport in her possession.
[BBL2014] Lecture Question 1
"When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian."
i) Is Ryan liable under civil or criminal law?
The term criminal law is defined by "A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts."
In this case, Ryan is liable under criminal law as his actions of talking with his wife through his mobile phone without the use of hands-free device puts all road users in danger which includes other drivers, motorcyclists and pedestrians.
ii) Should this case go to court, what will be Ryan’s right?
Ryan has the right for a lawyer and a just trial.
iii)What should the pedestrian do to recover his injuries/loss?
In a normal scenario, it is proper for the pedestrian to lodge a police report for an investigation. With the investigation, the wrong-doers can be put for trial and the pedestrian can claim insurance coverage as compensation.
i) Is Ryan liable under civil or criminal law?
The term criminal law is defined by "A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts."
In this case, Ryan is liable under criminal law as his actions of talking with his wife through his mobile phone without the use of hands-free device puts all road users in danger which includes other drivers, motorcyclists and pedestrians.
ii) Should this case go to court, what will be Ryan’s right?
Ryan has the right for a lawyer and a just trial.
iii)What should the pedestrian do to recover his injuries/loss?
In a normal scenario, it is proper for the pedestrian to lodge a police report for an investigation. With the investigation, the wrong-doers can be put for trial and the pedestrian can claim insurance coverage as compensation.
Monday, April 19, 2010
[BBL2014]Cyber Attack on Revere Candidate
Not long aftr Corey Abrams announced that he was running for a seat on the Revere City Council, an unidentified caller threatened to post pornography on a site that the caller had created and called "coreyabrams.com". Unless, Corey Abrams paid the caller for the domain name. Abrams refused and within days, graphic pornographic images appeared on the website, accoding to his campaign manager.
Comment:
"Attorney General Martha Coakley’s office is investigating allegations of extortion and civil rights violations, according to George Rotondo Jr., a four-term Revere city councilor, and Kerri Abrams Rampelberg, who is Abrams’s sister and campaign manager."
Link:
http://www.boston.com/news/local/massachusetts/articles/2010/04/18/revere_candidate_target_of_cyber_attack/
Comment:
"Attorney General Martha Coakley’s office is investigating allegations of extortion and civil rights violations, according to George Rotondo Jr., a four-term Revere city councilor, and Kerri Abrams Rampelberg, who is Abrams’s sister and campaign manager."
Link:
http://www.boston.com/news/local/massachusetts/articles/2010/04/18/revere_candidate_target_of_cyber_attack/
[BBL2014]Redding man released from prison, only to be sent back for being an atheist
Fact: Barry A. Hazle Jr, a 41 year old Redding computer technician had served a year in prison on a drug charge. After he was released, his parole agent sent him back to prison for being an atheist.
For his release, he was given a condition that he is ordered to attend a 90-day, inpatient drug treatment program. Hazle agreed to the program but prior before his release, he told prison officials that he wanted to be sent to a "treatment facility that did not contain religious components", as was stated in the Federal Court papers. However, he was assigned to the Empire Recovery Center in Redding which is a 12-step program pioneered by Alcoholics Anonymous and includes a strong religious overtone.
Mitch Crofoot, Hazle's parole agent of that time, instructed Hazle that "he should continue to participate in the Empire program or he would be returned to prison". He kept attending the program but also persisted in objecting to the arrangement and with a written appeal presented to Crofoot on 3 April 2007. Three days later, Empire workers told Crofoot that Hazle had "been disruptive, though in a congenial way," according to court papers.
Held: Hazle sued officials with the California Department of Correction and Rehabilitation in September 2008. Six weeks after that, the department issued a directive stating that parole agents " can not compel a parolee" to partake in a religious-themed programs if the parolee objects on religious grounds and they should be referred to nonreligious programs, citing an opinion issued "Sept. 7, 2007, by the 9th U.S. Circuit Court of Appeals."
Link:
http://www.sacbee.com/2010/04/17/2685285/judge-backs-redding-atheist-who.html
For his release, he was given a condition that he is ordered to attend a 90-day, inpatient drug treatment program. Hazle agreed to the program but prior before his release, he told prison officials that he wanted to be sent to a "treatment facility that did not contain religious components", as was stated in the Federal Court papers. However, he was assigned to the Empire Recovery Center in Redding which is a 12-step program pioneered by Alcoholics Anonymous and includes a strong religious overtone.
Mitch Crofoot, Hazle's parole agent of that time, instructed Hazle that "he should continue to participate in the Empire program or he would be returned to prison". He kept attending the program but also persisted in objecting to the arrangement and with a written appeal presented to Crofoot on 3 April 2007. Three days later, Empire workers told Crofoot that Hazle had "been disruptive, though in a congenial way," according to court papers.
Held: Hazle sued officials with the California Department of Correction and Rehabilitation in September 2008. Six weeks after that, the department issued a directive stating that parole agents " can not compel a parolee" to partake in a religious-themed programs if the parolee objects on religious grounds and they should be referred to nonreligious programs, citing an opinion issued "Sept. 7, 2007, by the 9th U.S. Circuit Court of Appeals."
Link:
http://www.sacbee.com/2010/04/17/2685285/judge-backs-redding-atheist-who.html
[BBL2014]Solar Power Scandal
Fact: The Spanish Ministry of Industry was caught in a fraud. Inspections were established and found out that several solar power plants were generating current and were feeding it into the net at night. To produce a larger amount of current as would of a larger installation could possibly accomplish, diesel generators were attached by the operators.
“This is just the tip of the iceberg,” said one industry expert to the newspaper “El Mundo”, which brought this scandal into the light. The scandal led to an amounted damage of 2.6 million euro.
In Spain, the state paid 2.3 billion euros in 2009 to subsidize for solar energy.
Link:
http://wattsupwiththat.com/2010/04/13/the-insanity-of-greenery/
http://translate.google.com/translate?hl=en&sl=de&tl=en&u=http%3A%2F%2Fwww.bluewin.ch%2Fde%2Findex.php%2F24%2C265341%2FSchwindel_mit_Solarstrom_in_Spanien_aufgeflogen%2Fde%2Fnews%2Fwirtschaft%2Fsda%2F
“This is just the tip of the iceberg,” said one industry expert to the newspaper “El Mundo”, which brought this scandal into the light. The scandal led to an amounted damage of 2.6 million euro.
In Spain, the state paid 2.3 billion euros in 2009 to subsidize for solar energy.
Link:
http://wattsupwiththat.com/2010/04/13/the-insanity-of-greenery/
http://translate.google.com/translate?hl=en&sl=de&tl=en&u=http%3A%2F%2Fwww.bluewin.ch%2Fde%2Findex.php%2F24%2C265341%2FSchwindel_mit_Solarstrom_in_Spanien_aufgeflogen%2Fde%2Fnews%2Fwirtschaft%2Fsda%2F
Thursday, April 15, 2010
[BBL2014]Caveat Emptor : "Buyers, Beware!!"
Caveat Emptor is a Latin phrase meaning "Let the buyers beware". In other words, it serves as, "A warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects".
Under this case, when a sale is subject to this warning, the purchaser must assume the risk that the product or goods to be purchased might be either defective or not suitable to the purchaser's needs.
This rule is not designed to protect sellers who engage in activity of fraud or bad faith dealing by making misleading or false representations about the quality or condition of a product that is being sold. Caveat Emptor mere;y summerizes the concept that a buyer must in his or her own rights examine, judge and test the product that is to be purchased.
Read up links:
http://legal-dictionary.thefreedictionary.com/caveat+emptor
http://en.wikipedia.org/wiki/Caveat_emptor
Under this case, when a sale is subject to this warning, the purchaser must assume the risk that the product or goods to be purchased might be either defective or not suitable to the purchaser's needs.
This rule is not designed to protect sellers who engage in activity of fraud or bad faith dealing by making misleading or false representations about the quality or condition of a product that is being sold. Caveat Emptor mere;y summerizes the concept that a buyer must in his or her own rights examine, judge and test the product that is to be purchased.
Read up links:
http://legal-dictionary.thefreedictionary.com/caveat+emptor
http://en.wikipedia.org/wiki/Caveat_emptor
[BBL2014]Insurance Law, an Overview
In this time and day, everyone has purchased insurance. Insurances such as Life insurance, Health insurance, Property insurance and Auto insurance are among the most common insurances that people would buy in order to ensure that those objects under the policy would be compensated should it have met any harm.
However, even insurance has its own law abiding it.
"An Insurance Policy is a legally binding contract between the person who buys the policy and the Insurance company. The person who buys the policy is commonly called the "Policyholder", who is also often the person insured.
The policyholder pays a specified sum of money, called the "Premium" to the Insurance company in exchange for an agreement by the Insurance company to pay a certain types of loss or damage as specified in the contract. In the event a loss occurs, which meets all the requirements described by the terms of an Insurance policy, the loss is said to be "covered" by the policy."
Under the Insurance Act 1996 which would be clearly defined here: http://www.bclaws.ca/Recon/document/freeside/--%20i%20--/insurance%20act%20rsbc%201996%20c.%20226/00_act/96226_02.xml
For more reading about the insurance Law, try these few sites:
http://www.lawyerment.com.my/Insurance/
http://www.commonlii.org/my/journals/JMCL/2002/2.html
http://www.bnm.gov.my/index.php?ch=14&pg=17&ac=545&full=1
http://www.bclaws.ca/Recon/document/freeside/--%20i%20--/insurance%20act%20rsbc%201996%20c.%20226/00_act/96226_00.htm
However, even insurance has its own law abiding it.
"An Insurance Policy is a legally binding contract between the person who buys the policy and the Insurance company. The person who buys the policy is commonly called the "Policyholder", who is also often the person insured.
The policyholder pays a specified sum of money, called the "Premium" to the Insurance company in exchange for an agreement by the Insurance company to pay a certain types of loss or damage as specified in the contract. In the event a loss occurs, which meets all the requirements described by the terms of an Insurance policy, the loss is said to be "covered" by the policy."
Under the Insurance Act 1996 which would be clearly defined here: http://www.bclaws.ca/Recon/document/freeside/--%20i%20--/insurance%20act%20rsbc%201996%20c.%20226/00_act/96226_02.xml
For more reading about the insurance Law, try these few sites:
http://www.lawyerment.com.my/Insurance/
http://www.commonlii.org/my/journals/JMCL/2002/2.html
http://www.bnm.gov.my/index.php?ch=14&pg=17&ac=545&full=1
http://www.bclaws.ca/Recon/document/freeside/--%20i%20--/insurance%20act%20rsbc%201996%20c.%20226/00_act/96226_00.htm
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