Advice on Frances Rights under the Law Essay Example | Topics and Well Written Essays - 2500 words

Advice on Frances Rights under the Law - Essay Example The facts of the case are that Frances made the order for the computer system on June 5, 2012, and paid the full amount of  £3,000 to Avalon Computers Ltd. Avalon is a mail order firm. The system was delivered three days later, but Frances wished to return the computer system, still in its box and unopened/unused, a week later. She asked to return the system in exchange for a refund via fax, but Avalon said no. The objective of this note is to be able to give Frances advice on her rights under the laws of the European Union, related to her being able to secure the refund from the mail order company Avalon. This note also covers advice on where else, by way of person or body, Frances may be able to get redress for her situation (â€Å"From the Instructions†).It is worthwhile, as a prelude to giving advice, to go over the relevant legal literature on the issue at hand. First, the quoted legalese above is in the form of a directive, and it is worthwhile to know the nature of a directive under the European Union laws. Directives are one of three types of legislation in the European Union, with regulations and decisions being the other two. Directives, in essence, are â€Å"general rules to be transferred into national law† by member countries as the countries see fit or appropriate to do so. This is opposed to a regulation, which has the force of a national law, with the exception that regulations have the force of being a law applied to all of the member countries.... Directives, in essence, are â€Å"general rules to be transferred into national law† by member countries as the countries see fit or appropriate to do so. This is opposed to a regulation, which has the force of a national law, with the exception that regulations have the force of being a law applied to all of the member countries. A legal decision, meanwhile, is different from the first two, in that it has specific application to particular organizations or persons (European Commission). The European Commission itself has the compliance and application responsibilities as far as the laws are concerned, for all of the member states. The work includes making sure that the countries infuse into their national laws the laws of the European Union. The Commission is also responsible for monitoring the compliance of member countries towards EU directives as they are timed for implementation (European Commission (b)). One discussion further reinforces the differences between directive s, which are binding in general to the member states for their own implementation and translation into the national laws of the country, and regulations, which are generally applicable to all the member states without need for legal translation into the countries’ individual national laws (BBC): Under the process known as "transposition" the directive sets the framework but the practical details of implementation are left for the member states to decide. By contrast, regulations have "general application". That means they are binding on individuals and effectively form part of domestic law as soon as they are made. It is generally only necessary to amend existing national provisions that are inconsistent with regulations, rather than make new legislation altogether. (BBC) It is to be made

How are our oceans Are there plenty of fish in the sea Research Paper

How are our oceans Are there plenty of fish in the sea - Research Paper Example The other major problem that has resulted in the displeasing state of the oceans as it stands currently is the issue of overfishing. This vice has also resulted in the reduction of the viable offspring of the major fish species that are endangered, resulting in further endangerment of the marine life (NRDC, 2011). Further, the oceans have now become a source of health risk for the human population, owing to the sedimentation of the plastic, heavy metals and other pollutants in the beaches and in the rivers, which eventually finds way into human homes. The result is that there is a high risk of health associated with the ocean pollution (NRDC, 2014). In this respect, the state of the ocean is not suitable is not in good shape, and thus there is a need to address this problem, lest the ocean eventually fails to support life. Are there plenty of fish in the sea?   The saying that there is plenty fish in the ocean does not hold any more in the modern world. This is because, with the cu rrent trend of ocean pollution and dangerous fishing practices, there will be virtually no wild fish in the oceans by 2050 (NGS, 2014). One of the major problems that are causing the decline in the population of the fish in the oceans is the high demand for seafood globally, considering that fish meat is not associated with high cholesterol levels. Thus, combined with the effects of pollution in the ocean and the subsequent climate change, the whole environmental setting has become less supportive for marine life.