In the absence of statutory or administrative law, the doctrines and principles stated in court decisions govern all fields. These doctrines and principles are known as common law or judge-made law. They're law that has evolved through judicial rulings over time.
In the early days, judges based their decisions on prior decisions and practices handed down from generation to generation. This type of law has the advantage of adapting to changing circumstances and avoiding the rigidity of the statute book. The judge-made law has the disadvantage of being unwieldy and occasionally lacking predictability.
It is subject to the preferences of judges and the situations they encounter. Statutes and administrative regulations have supplanted common law in several areas, particularly in terms of regulatory and business law. Nonetheless, common law remains a crucial foundation of American law and legal culture. It is still used in many areas, including torts, property law, contracts, and others.
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Bella is married to Milo. They live in Rose Cottage, a property worth £500,000, with their two young children. Milo is the sole director of Jake Ltd, a small company. Doodles Bank plc lends Jake Ltd £300,000, a debt that is secured by a mortgage over Rose Cottage, granted by both Bella and Milo. This mortgage is clearly valid and enforceable.
Jake Ltd falls into financial difficulties and it is clear that without fresh capital it will go into insolvent liquidation, in which case Doodles Bank will have the right to have Rose Cottage sold and the proceeds of sale applied to the discharge of Jake’s debt, leaving Milo and Bella with any surplus. Doodles is prepared to advance an additional £200,000 to Jake but only if further security is provided, either by extending the mortgage on Rose Cottage, or in some alternative form.
Bella is accustomed to leaving all business and financial matters to Milo, preferring to devote all her time to the children. When Milo tells her that she needs to sign some papers relating to “the bank and the business”, she accepts without asking any questions. Milo arranges for her to attend a meeting at the offices of Tweeny & Sons, Milo’s solicitors, who carefully explain the extension of the mortgage over Rose Cottage to her and asked her whether she is happy to sign. She says she is (although in truth she has not been listening) and signs. Tweeny provide a written statement to Doodles that Bella has been properly advised and that she signed, as far as they could tell, of her own free will.
Thus, the further security demanded by Doodles Bank is duly provided and the additional finance made available. Nevertheless, Jake Ltd goes into insolvent liquidation one year later and Doodles wishes to enforce its security.
Discuss whether enforcement of the further security can be prevented in light of the account of how that security came to be granted.
The validity of the further security granted by Bella on her family home to secure a debt owed by her husband's company could be challenged on the basis that she did not fully comprehend what she was signing, or that her consent was obtained through undue influence or misrepresentation.
The account suggests that Bella left all financial matters to her husband, and that she signed the papers without asking questions or understanding the implications.
However, the success of any challenge would depend on the specific facts of the case and applicable legal rules.
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Jean had just finished her Bachelor of Business Administration degree and wanted to put what she had learned to use. She started a clothing business, selling branded t-shirts and sweatshirts. She called her clothing-line "Real East Life" and all the shirts were branded with those words and an anchor symbol. People seemed to really like the branding and sales were growing.
Jean wanted to start designing additional pieces for her clothing line and needed help. She reached out to an old roommate, Beverley, who had recently graduated with a degree in fashion design. In their free time, Jean and Beverley ultimately developed a whole branded clothing line. Sales of the clothing began to skyrocket after a celebrity was photographed wearing the clothes, with the anchor symbol visible.
Though they do not have any formal agreement, Beverley manages the design side of the business and Jean manages the financial side including invoicing, accounts receivable and marketing. This arrangement had been working well. But now, with the rapid growth of their business and the need for additional financing and help in managing the business, Jean and Beverley recognize that they may have to reconsider the form of business operation that best suits their needs.
(a) What form of business organization are Jean and Beverley currently operating? Explain your answer [1 point]
(b) Is there another form of business organization that might better fit their needs given their new circumstances? What are the advantages and disadvantages of your proposed form of business organization? [5 points]
For the remaining questions in this section, assume that Jean and Beverley decide to form a corporation to carry on the business. They plan on operating in Nova Scotia and Newfoundland and Labrador for now, but may someday expand their operations to other provinces.
(c) Do you think Jean and Beverley should incorporate federally or provincially? Why? [2 points]
(d) If Jean is appointed Chief Executive Officer and Beverley is appointed Chief Operating Officer of the new corporation what legal duties would they have in their new roles? [2 points]
(e) What are Jean and Beverley's two main options for financing the corporation? What are the advantages and disadvantages of each form of financing? [3 points]
Obviously, the brand and logo is of central importance to the corporation and Jean and Beverley want to make sure it is protected.
(f) What protection does the law afford for the brand name and anchor symbol and are there any steps Bertha and Beverley must take to ensure that it is protected nationally? [3 points]
Based on the fact that Jean and Beverly manage different sections of the business, the business organization they operate is a Partnership.
What business are Jean and Beverly operating?Jean and Beverly can be said to be operating the business of a partnership as both of them are in charge of separate parts of the business but work together for the company's success.
Which other type of business would suit them?Another type of business organization that might suit Jean and Beverly is a limited liability company. The main advantage of this is that it puts their personal assets out of danger in case the company fails.
Unfortunately, their accounts will become public record as anyone can access it from the Companies House.
What type of incorporation should they do?Jean and Beverly may one day expand to other provinces so they should go for a federal incorporation to avoid the hassle of having to incorporate in every province they expand to.
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These theorists would be most interested in studying how objects (like a cop's badge or gun) play a role in impression management. Question 6 options: a) Functionalist b) Symbolic interactionist c) Feminist d) Conflict theorist
A symbolic interactionist would be most concerned with the parts these objects play in impression management. Thus, option (b) is correct.
What is management?The term “management” refers to the act of managing. The management of the business activities. Management is the basis of art, science, and the profession. Management are they manage the organization.
According to the symbolic interactionist was the concerned of objects play in impression management. The symbolic interactionist was the understanding of the human action and society.
As a result, the significance of the symbolic interactionist are the aforementioned. Therefore, option (b) is correct.
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How many amendments in the american bill of rights
There are 10 amendments in the Bill of Rights.
There are 10 amendments in the American bill of rights. It outlines the rights of Americans in connection to their government. It contains many kinds of the rights which protect the interest of people.
What is bill of rights?The Bill of Rights is made up of the first ten amendments to the United States Constitution. It lays out Americans' rights in relation to their government.
Individual civil rights and liberties are protected, including freedom of speech, press, and religion.
Thus, there are 10 amendment in the American bill of rights.
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peer pressure __in why some teens get in a car with an impaired driver?
Answer: Some kids are a bad influence
Explanation: According to my studies, many teenagers build up a ball of rage inside their head. As a result, they peer pressure poor innocent children to feel happy. This is called a pyschopath.
once a plaintiff files a case in the federal or state court system, the case remains in that system throughout the
Once a plaintiff files a case in either the federal or state court system, the case generally remains within that particular system throughout the litigation process.
When a plaintiff initiates a lawsuit by filing a case in either the federal or state court system, the choice of court generally determines where the case will proceed. The court in which the case is initially filed retains jurisdiction over the matter unless there are specific circumstances that warrant transferring the case to a different court. The federal court system handles cases that involve federal laws, constitutional issues, or disputes between parties from different states.
On the other hand, state courts handle cases that primarily involve state laws and disputes between parties within the same state. Once the case is filed in a particular system, it proceeds through various stages of litigation, including discovery, motion practice, trial, and potential appeals, all within the same system unless there are exceptional circumstances that warrant a transfer or removal to a different court system.
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In the United States, the Electoral College A) is appointed by the majority party in Congress. B) approves the results of the General Election. C) is responsible for electing the President. Eliminate D) meets yearly to revise elections rules.
Answer: b
Explanation:
Answer:
B.
Explanation:
drug prosecutions account for approximately what percentage of all federal criminal cases?
Drug prosecutions account for approximately 30% of all federal criminal cases.Drug prosecution can be defined as the process of holding an individual responsible for criminal actions related to drugs. The use, possession, and trafficking of drugs are among the most common drug-related offenses.
Some of the common drug-related crimes that lead to drug prosecutions include drug possession, drug trafficking, and drug distribution. The types of drug prosecutions include: Federal drug prosecutions, State drug prosecutions,County and municipal drug prosecutions. According to data provided by the United States Sentencing Commission, drug offenses are the most commonly prosecuted crimes in the United States. In fact, approximately half of all federal prisoners are incarcerated for drug offenses, which highlights the importance of drug prosecution in the criminal justice system.
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What is an adjustment or change that can replace the negative effects of burning fossil fuels for energy?
Water irrigation
Solar Power
Digging for oil
Burning wood
Pelz help A. S. A. P. Really need help!
Answer:
B
Explanation:
Solar power can serve as a substitute for fossil fuels and can also counteract the effects of burning fossil fuels by using thermal energy.
true/false. the more policy decisions by the federal reserve are expected and understood in advance, the more effective they are.
The given statement "The effectiveness of policy decisions by the Federal Reserve increases when they are expected and understood in advance" is true because clear communication and predictability of the Federal Reserve's actions allow financial institutions, businesses, and consumers to make informed decisions based on anticipated policy changes.
When the Federal Reserve provides guidance on its policy decisions, it helps reduce uncertainty and promotes stability in financial markets. This transparency allows market participants to adjust their expectations and behaviors accordingly, making the implementation of monetary policy more effective. For example, if the Federal Reserve announces its intention to raise interest rates in the near future, businesses and consumers can plan their borrowing and investment decisions based on this information.
This advance notice can lead to a smoother transition in the economy and minimize potential negative effects of sudden policy changes. In conclusion, the more policy decisions by the Federal Reserve are expected and understood in advance, the more effective they are. This is due to the reduced uncertainty and increased stability in financial markets, enabling market participants to make better-informed decisions and allowing for smoother implementation of monetary policy.
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true or false Contract law does not distinguish between promises that create only moral obligations and promises that are legally binding.
The given statement "Contract law does not distinguish between promises that create only moral obligations and promises that are legally binding." is false as for a promise to be legally binding must contain a consideration.
In contract law, for a promise to be legally binding, it must meet certain requirements, such as consideration, mutual assent, and legality of purpose. When these requirements are met, the promise becomes a legally enforceable contract, and breaching the contract can lead to legal consequences.
On the other hand, promises that create only moral obligations, such as promises made out of friendship or moral duty, are not legally binding and cannot be enforced in court. Therefore, contract law does make a distinction between promises that create moral obligations and those that are legally binding.
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Explain the major factors that go into how judges make decisions in their cases.
The major factors that go into how judges make decisions in their cases. are
"direct influences," which include things like legal and political experiences."indirect and distant impacts," which include things like broad legal and political.What is a Judge?Generally, A judge is an individual who presides over the proceedings that take place in a court of law, either on their own or as a member of a panel of judges.
The judge will listen to all of the witnesses as well as any additional evidence that may be provided by the prosecution or the defense. On the basis of the evidence that has been provided as well as in compliance with the law, the judge will make a determination as to whether or not the accused individual is guilty. In the event that the accused is found guilty, the court will subsequently impose the appropriate penalty.
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The President nominates a judge to a federal court but the Senate does not confirm (approve) the appointment. This act serves as a check on which TWO branches of government? (CHOOSE TWO)
Answer:
Executive and Legislative (or vise versa)
Explanation:
Executive is the President. Executive enforces the laws. The President also appoints judges.
The Legislative such as The Senate and House of Representatives make the laws.
Therefore, This would be a check on these two branches of Government.
In the course, you were presented with a video entitled How to Make Better Decisions. According to the video, you won't make the best decision every time. So, what should you do? (Select all that apply. )
Stick to your decision no matter the outcome
Make the same decision next time to see if it works better then
Have a backup plan
None of the above
According to the video "How to Make Better Decisions," when faced with the possibility of not making the best decision, it is advisable to have a backup plan. Sticking to a decision regardless of the outcome or repeatedly making the same decision in the hope of a better result is not recommended.
The video highlights that making the best decision every time is not always possible. It acknowledges that mistakes and suboptimal outcomes can occur despite careful consideration and analysis. In such situations, it is important to be adaptable and have a backup plan. Having a contingency plan allows for flexibility and the ability to adjust course if the initial decision does not yield the desired results.
Sticking to a decision no matter the outcome can be problematic because it disregards new information, feedback, or changing circumstances that may require a different approach. It can lead to stubbornness and an unwillingness to acknowledge and rectify errors. Similarly, repeatedly making the same decision expecting a different outcome is not an effective strategy. It overlooks the need for learning from past experiences and adjusting one's approach based on lessons learned.
Therefore, having a backup plan is a prudent approach. It allows for adaptation, course correction, and learning from one's decisions. It enables individuals to be prepared for unforeseen circumstances, mitigate risks, and increase the likelihood of achieving favorable outcomes. By having alternative strategies or options in place, individuals can respond more effectively to unexpected challenges or setbacks, improving their decision-making process overall.
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An accident occurs between a truck and a family vehicle. The truck is owned by a corporation with businesses in Ohio and Pennsylvania. The truck driver is from Ohio. The corporation is incorporated in Delaware but is headquartered in Pennsylvania. The family members in the vehicle include a grandmother domiciled in New Jersey and a mother and daughter domiciled in Connecticut. The accident occurs in New York. The family sues the corporation.
Is there federal jurisdiction?
What states have jurisdiction? (Assume that subject matter jurisdiction requires the incident or the residents of all defendants to be in the state of suit. )
The United States of America is a federal republic made up of 50 states, a federal district (Washington, D.C., the nation's capital), five major territories, and numerous minor islands.
The states, as well as the United States as a whole, are both sovereign jurisdictions. Any state, the District of Columbia, the Commonwealth of Puerto Rico, or any American territory falls under the jurisdiction of the United States. England and Wales, Scotland, and Northern Ireland are the three legal jurisdictions of the United Kingdom of Great Britain and Northern Ireland.
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A woman looking at cosmetics in a drug store was noticed by the store
manager because she was not carrying a purse. She was pushing a
shopping cart and put several cosmetic items into the cart. She went to
the checkout stand and paid for all the items but one lipstick, which
remained in the shopping cart. The manager noticed the lipstick in the
cart and followed the female to her car. As the manager approached the
female, she was picking the lipstick up from the cart. When the manager
told her he was arresting her for shoplifting, she said that she did not see
the lipstick in the cart until she got to her car and picked it up to return it
to the store. The lipstick cost $5.99, and the female had $1.09 on her
person. Answer the following questions:
1. Was there any responsibility on the part of the clerk or manager to ensure that
all items were paid for because she left the store? Why, or why not? As to part of
the representative or supervisor, indeed, without a doubt, there exists an obligation. For the
explanation that chiefs ought to be
2. Should she be arrested? If so, on what charges, and why? If not, why not?
Write a statement reflecting your decision as though you were filling out a
police report.
3.
The United States is on par with Russia in having more persons per capita in prison. Is that a sign that the United States is a nation that enforces its laws, or is it an
indication that something is inherently wrong with its criminal justice system? Please explain and then respond to a
According to the criminal justice system, the United States is the one that enforces the laws, and the poor are disproportionately represented in the prison population.
What is criminal?
The person who committed a crime is referred to as a "criminal." A individual is legitimately arrested if they are the indifferent perpetrator of the crime. Lawbreakers are classified into four types: persistent, moralistic, juridical, and organized. The perpetrator must be punished by the court.
According to the criminal justice, the United States is the one that writes the laws, and the crimes police are overburdened. A substantial proportion of the poor end up in prison.
Hence, the significance was the criminal aforementioned.
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1. Critically discuss the investigation and prosecution of on-line child abuse crime in the UK. Your discussion should include a comparison with the investigation and prosecution of on-line child abuse crime in ONE other country.
Marks are awarded for:
• Knowledge of methods of assessing seriousness of on-line child abuse, for example, the COPINE Index and Sentencing Advisory Panel scale.
• Knowledge of key legislation providing for on-line child abuse offences taking account of technological capabilities.
• Ability to critically compare effectiveness of methods for investigating and prosecuting on-line child abuse offences in the UK and ONE other country.
Answer:
I think abuse is bad
Explanation:
honey im not going to write an essay sry I have college to do and IM going to a bts concert sry
during the target breach, what type of attack was used against the 3rd party hvac vendor?
During the Target breach, a type of attack called spear phishing was used against the 3rd party HVAC vendor.
Spear phishing is a targeted form of phishing, where the attacker sends a personalized email to a specific individual or organization, often using their name and other details to appear legitimate. In this case, the attackers gained unauthorized access to the HVAC vendor's credentials by sending a malicious email with an infected attachment. Once opened, the malware allowed the attackers to infiltrate Target's network, leading to the massive data breach. This highlights the importance of strong cybersecurity measures, especially when dealing with third-party vendors.
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2 practical ways that could ensure that employers abide by the labour laws in our country
Answer:
Giving rewards to employers who abide by the labour laws, and punishing those who don't.
Most of the people in the line of presidential succession serve in which body?
The House of Representatives
The Cabinent
(gradpoint)
Answer:
The Cabinent
Explanation:
Only a couple are not in the President's Cabinet
Why were the Airbus actions a violation of the US Foreign
Corrupt Practices Act?
The Airbus actions violated the US Foreign Corrupt Practices Act due to bribery of foreign officials and accounting irregularities.
The Airbus actions were considered a violation of the US Foreign Corrupt Practices Act (FCPA) due to several reasons. The FCPA is a US law that prohibits bribery of foreign officials and requires accurate record-keeping by companies with securities listed on US stock exchanges. Here's why the Airbus actions were deemed a violation:
Bribery: Airbus was found to have engaged in corrupt practices by offering and paying bribes to foreign officials and intermediaries to secure business contracts and gain competitive advantages. These bribes were intended to influence the decision-making of foreign officials, which directly contravenes the FCPA's anti-bribery provisions.Accounting Irregularities: The FCPA also requires accurate and transparent financial reporting. Airbus was discovered to have engaged in accounting irregularities, including misrepresenting payments, disguising bribes as legitimate business expenses, and maintaining inadequate internal controls. These actions not only violated the FCPA's accounting provisions but also undermined the integrity of financial statements and hindered proper corporate governance.Jurisdictional Reach: The FCPA applies to any company or individual, regardless of their nationality, if they engage in corrupt practices within the jurisdiction of the United States. Since Airbus is a global company with a significant presence in the US, its actions fell within the FCPA's jurisdiction.In summary, the Airbus actions violated the FCPA through bribery, accounting irregularities, and the jurisdictional reach of the law. These violations undermine the principles of fair competition, transparency, and ethical business practices that the FCPA aims to uphold.
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Which is true of peremptory challenges during jury selection?
Select one:
A. They are unlimited in number.
B. They require a stated reason for dismissal of a prospective juror.
C. They are constitutionally compelled to have a basis in "content" questions.
D. They can be used to excuse jurors for no particular reason.
Peremptory challenges during jury selection refer to the process of removing a prospective juror without stating any particular reason for the dismissal. The correct answer to the question is D. Peremptory challenges can be used to excuse jurors for no particular reason.
In other words, attorneys have the right to remove jurors from the jury panel without giving any justification. However, peremptory challenges are not unlimited in number. The number of peremptory challenges available to each party varies depending on the jurisdiction and the type of case. Additionally, peremptory challenges are not constitutionally compelled to have a basis in "content" questions. Nevertheless, attorneys must be cautious when using peremptory challenges to avoid any allegations of discriminatory conduct. In summary, peremptory challenges are an important tool for attorneys during jury selection, but they must be used carefully and appropriately to avoid any claims of impropriety or unfairness.
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what recent supreme court case decision resulted in an updated precedent for freedom of religion in schools?
The recent Supreme Court case decision that resulted in an updated precedent for freedom of religion in schools is Espinoza v. Montana Department of Revenue.
Freedom of religion, in short, is the right to choose one's religion or to choose not to follow any religion at all. The freedom to practice one's religion is safeguarded by the constitution in most countries.In June 2020, the Supreme Court of the United States issued a landmark decision in the case of Espinoza v. Montana Department of Revenue. The decision declared that states cannot use Blaine Amendments to prevent families from enrolling their children in religious schools with school choice programs supported by public funds.Espinoza v. Montana Department of Revenue's ruling is significant since it signifies the court's intention to uphold the First Amendment's Free Exercise Clause. The Blaine Amendment, in particular, is a constitutional provision that was implemented to prohibit states from funding religious schools. This amendment was widely employed in many states across the country. However, the court's decision in the case of Espinoza v. Montana Department of Revenue declared that such provisions cannot be used to prevent religious schools from participating in school choice programs.Learn more about Supreme Court https://brainly.com/question/18228641
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Explain some of the benefits and drawbacks of using social media within a criminal investigation.
Please write a full sentence or l report you.
In order to identify perpetrators, social media forensics collects, examines, and stores data, photos, videos, and other technical evidence that is available to the public through social media sources.
What advantages and disadvantages do social media have in helping law enforcement investigate crimes?One advantage of social media is that it has made it simpler to communicate with our friends and family throughout the world and to solve crimes. Online crimes including identity theft, fraud, hacking, cyberstalking, and bullying are nevertheless one of the downsides.
How may researchers utilize social media in their work?When conducting a social media investigation, a private detective will search for phrases and posts related to the goals of the investigation. Powerful software is typically used by them to search, keep an eye on activity, and set up notifications for new postings and account creations.
What advantages do social networking sites offer in lowering crime?Investigative work is being done on social media sites to fight crime. They give police departments a channel of communication with the public. Moreover, they enable the police to engage and interact with their communities in novel ways that could even change the game.
Which disadvantages do social media present to law enforcement?A law enforcement officer's reputation is extremely important. Via social media, anyone may easily criticize the character of a police officer. When an officer's integrity is called into doubt, investigations and witness evidence in court are put in jeopardy. Internet assaults on the integrity of law enforcement officials are a persistent danger.
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Items that save you money by allowing you to pay a relatively low price for a good or service include _____ .
marginal benefits and marginal costs
coupons and comparative shopping
opportunity costs and trade-offs
The court recently interpreted the 2d amendment as meaning not only a right to own weapons but a right to carry them in public without justifying a reason too. If this is the case can individual states pass laws that restrict firearms being carried in certain areas (ie. Hospitals, Bars, Concerts, etc.) and maintain that citizens have a right to carry (bare) arms in public?
Yes, individual states can pass laws that restrict firearms from being carried in certain areas while still maintaining that citizens have the right to carry arms in public.
The interpretation of the Second Amendment as encompassing the right to carry firearms in public without needing to justify a reason does not mean that this right is absolute and unrestricted in all locations.
While individuals may have the right to bear arms, it is generally recognized that reasonable restrictions can be imposed to ensure public safety and prevent potential harm in specific locations.Individual states have the authority to enact laws that regulate the carrying of firearms in certain areas, such as hospitals, bars, concerts, and other public venues. These laws aim to balance the individual's right to bear arms with the need to maintain public safety and prevent potential risks associated with the presence of firearms in certain sensitive or crowded environments.Such laws are typically designed to establish gun-free zones or implement permit requirements for carrying firearms in specific locations.By implementing these restrictions, states can exercise their authority to protect public safety while still acknowledging the individual's right to carry arms in public spaces that are not subject to such limitations.
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The failure to obtain a license required by a statute for revenue-raising purposes: Select one: O a affects the legality of the unlicensed person's agreements and it will be considered vold. b. results in generally unenforceable contracts. O C does not affect the legality of unlicensed persons' agreements O d. automatically declares the contract void for the protection of the public
The correct answer to the question is "affects the legality of the unlicensed person's agreements and it will be considered void." When a license is required by a statute for revenue-raising purposes, failure to obtain it can affect the legality of the agreements made by the unlicensed person.
In such cases, the contracts entered into by the unlicensed person will be considered void. The reason for this is that the purpose of the licensing requirement is to protect the public, and a failure to obtain a license indicates that the unlicensed person is not qualified or authorized to engage in the activity in question.
In general, contracts that violate a statute or regulation are void. When a statute requires a license for an activity, that activity cannot be lawfully carried out without the license. Contracts related to the unlicensed activity are therefore also unlawful and unenforceable. This is because the state has a legitimate interest in regulating certain activities and requiring individuals to obtain licenses before engaging in them. By requiring licenses, the state can ensure that those who engage in the activity are qualified and competent to do so.
In conclusion, failure to obtain a required license can have serious consequences for individuals engaging in revenue-raising activities. Not only can it result in fines and other legal penalties, but it can also render their contracts void and unenforceable. It is important to be aware of any licensing requirements that may apply to one's business or profession, and to comply with them in order to avoid legal complications.
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The purpose of the first juvenile courts was to step in when _____ failed.
A.diversion
B.parents
C.rehabilitation
D.Society
Answer:
D
Explanation:
society sucks
Identify the limitations of a junior driver's license.
Answer:
I believe you cannot drive others before you’ve driven for a year
Explanation: