Law代写:CLW1000 Commercial商法IRAC

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  • 问题
     
    艾伦,作为一个业主,为她的冥想工作室找到了一个完美的露台房子。在签订租赁合同前,艾伦到当地议会了解了她即将开始创业的周边情况。她向警官讲述了她合适的住所所需的周围环境。警官正忙着看别的东西,只是匆匆看了一眼电脑,给了她一个肯定的回答相信了回信,艾伦很快就签了一份租赁合同,选择了她认为理想的房子,开始了她的工作室,却发现她选择的地方根本不适合她创业。她被告知,有一个计划将持续至少6个月,造成巨大的噪音,完全违反了她适当的场所所要求的安静的周围环境。埃伦在物质上和心理上都遭受了很多痛苦,可能永远不会继续她的职业生涯。问题有待解决的是,Elle是否就她收到的建议向议会提出索赔更具体地说,有三个问题需要解决:艾伦和地方议会在建议方面的关系如何?理事会是否适当地履行了职责如果理事会未能履行其责任,艾伦可以要求赔偿的损失范围是什么?
     
    相关法律背景
     
    从某种意义上说,随着商业和社会的快速发展,信息在我们的日常生活中扮演着越来越重要的角色。公民有必要与政府及其工作人员保持联系。”
     
    案件分析
     
    在本案中,从法律的角度出发,埃伦就其理想场所的一些问题咨询了地方议会,实际上是以口头形式提出了信息自由请求,当然,她有权行使1982年《信息自由法》所赋予的“知情权”了解影响她选择的冥想工作室的环境的每一个细节。
     
    结论
     
    近几个世纪以来,行政法体系的能力和复杂性都有了很大的进步。行使决策权可能会使公众受益匪浅,毕竟政府有义务为全体公民服务。但这种情况只有在权力按照有关规章制度和某些案件的具体案情行使时才会发生。

    Law代写:CLW1000 Commercial商法IRAC
    Issue
    Ellen, as a proprietor, found a perfect terrace house for her meditation studio. Before she signed the lease contract, Ellen went to the local council to acquire information about the surrounding circumstances where she was about to start her business. She told the officer about the surrounding environment that was required of her suitable premises. The officer was busy at something else and gave her an affirmative answer, just by having a quick glance at the computer. Having faith in the reply, Ellen soon signed a lease contract, chose the house that she thought was ideal and started her studio, only to find that the place she chose was not at all an appropriate place for her to start her business. She was told that there was a program about to last at least 6 months creating great noise, entirely in violation of the required silent surrounding environment of her appropriate premises. Ellen has suffered a lot materially and psychologically and might never go on her career. The problem remains to be solved is that whether Elle has a claim against the council in relation to the advice she receives. More specifically, there are three problems that should be dealt with: what is the relationship between Ellen and the local council in relation to the advice? Has the council properly performed its duty? If the council failed to fulfill its responsibility, what is the scope of the damage Ellen can have a claim for? 
    Relevant legal backgrounds
    Form a point of view, with the rapid development of business and society, information plays an increasing important role in our daily life. There is necessary for citizens to keep in touch with the newest information about the government as well as their own staff. "
    Analysis of the case
    In the case, from the angle of law, by consulting the local council about some problems of her ideal premises, Ellen was actually making a FOI request in an oral form, and of course, has the right, by exercising “the right to know” entitled by the Freedom of Information Act 1982, to know every detail about circumstances that influenced the place she chose to start her meditation studio.
    Conclusions
    The past few centuries has witnessed great progress in the capacity as well as complexity of the system of administrative law. The exercise of decision-making power might benefit members of the public a lot .After all, it is the obligations of the government to serve the whole citizens. But this kind of situations occurs only when the power is performed in accordance with relevant rules and regulations and the particular merits of certain cases. 

    Law代写:CLW1000 Commercial商法IRAC