Nursing practice is bounded by various legal obligations. These laws are in accordance with the nursing ethics which guides the nature of conduct of nurses. In Australia, there is a specific nursing code of conduct that each nurse is expected to abide by in their operation. Moreover, the Parliament of Australia enacted a social act that nurses should operate within.
The primary objectives of having to adhere to legal obligations in nursing is to protect all the individuals who are affected by the nursing practice and the nurses themselves. According to Day (2007), nurses often face situations that require quick and critical decision making. In such circumstances, Carryer, et.al, (2013) argues that if a nurse fails to consider the overlaying rules regarding what to do, he or she may end up making a mistake that could be punishable by law.
For instance, the Australian rights of terminally act introduced a law which allows active voluntary euthanasia. However, this may go against the law if a nurse carries out euthanasia with consent from the family members of the sick person and not that of the sick individual. Even though the nursing legal and ethical conduct laws are different, they operate through closely related frameworks. However, nursing legal obligations regarding mental health sometimes crashers with the ethical requirement of the nursing code.
Under my specialty which is mental health, the law has set out directives of when a person can be admitted (Carryer, et.al, 2013). In the requirement, a single medical officer or nurse cannot fully ascertain that one needs to be admitted but it has to be agreed by several health officers. This legal obligations may be good in preventing unwarranted admissions, however, it sometimes contradicts with the nurses’ believe of offering help.
Mental ill individuals might not always know that they are sick, there is need for someone else to point that out. Before that happens, one cannot be treated for mental illness. This becomes problematic in a situation where there is an urgent need to treat a mental ill person yet the legal obligations procedure of ascertaining that the person is ill has not occurred.
These individuals might be involved in self destructive activities of which another person may not point out easily. Therefore, as per Doran, et.al (2015), if the proper procedure for identifying their problems is followed, treatments can be administered when it is too late. My resolution is that I will offer consultative help to the individual first before administering any medication. This way, I will be able to offer help them in advance and yet again still remain within the legal obligations confines of the Australian nursing laws.
References
Lennard-Palmer, L. (2012). The use of simulation for pediatric oncology nursing safety principles: Ensuring competent practice through the use of a mnemonic, chemotherapy road maps and case-based learning. Journal of Pediatric Nursing, 27(3), 283-286.
Carryer, J., Gardner, G., Dunn, S., & Gardner, A. (2013). The capability of nurse practitioners may be diminished by controlling protocols. Australian Health Review, 31(1), 108-15. Retrieved from http://search.proquest.com/docview/231731777?accountid=45049
Doran, Evan, BA, Grad Dip Health Soc Sci, P., Fleming, Jennifer, BA, M.H.A., PhD., Jordens, Christopher, BA, M.P.H., PhD., Stewart, Cameron L, Bec, L.L.B., PhD., Letts, J., M. Bioeth, & Kerridge, Ian H, MPhil(Cantab), F.R.A.C.P., F.R.C.P.A. (2015). Managing ethical issues in patient care and the need for clinical ethics support. Australian Health Review, 39(1), 44-50. Retrieved from http://search.proquest.com/docview/1673832440?accountid=45049
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Federal Constitution and international treaties or agreements: Case Analysis
Reid V. Covert
I. Facts of the case
Mrs. Covert was a civilian dependent on her husband, Mr. Covert, a sergeant in the United States air force who was stationed in the United Kingdom. Mrs. Covert murdered her husband in an airbase in the United Kingdom. Pursuant to an agreement between US and UK, which granted permission to martial court to take action against criminals for any offence committed in the United Kingdom by any American armed force serviceman or any of their dependent, Mrs. Covert was convicted by martial court as per article 2(11) of the Uniform State Code of Military Justice without any protection of indictment by the grand jury or right to jury trial.
Initially, the US court confirmed her conviction. She filed for a writ of habeas corpus and alleged that she was denied her constitutional right to have her charge presented to a grand jury or a right to jury trial as provided under the fifth and sixth amendments. She was sent to the US to await rehearing on her case. On rehearing, her petition was accepted (Haljan, 2013).
II. The issue
The main issue of the case is to solve the conflicting provisions of the Federal Constitution and international treaties or agreements and to know whether an American employed in the armed forces or their dependents living abroad found guilty of capital offence retain their right to jury trial as conferred under the Federal Constitution, thus rendering the trial by martial court as per article 2(11) of Uniform Code of Military Justice unenforceable.
III. Rules
The case involves two decisions so we have different set of rules which are given as below.
(a) Rule applicable during first decision
The first hearing on the case was based on Article 2(11) of Uniform Code of Military Justice (UCMJ) provides that all Americans serving with the armed forces or their dependents living in the UK are subject to provisions of this Code. Section 118 of Uniform Code of Military Justice provide for trial by the court martial for any capital case.
(b) Rules applicable during second Decision
Civilians found guilty of any crime are entitled to their constitutional right of protection on indictment by the grand jury as provided under the Fifth Amendment and right to jury trial as provided under the Sixth Amendment. The supremacy of the Constitution provides all rights to American citizens even if they are residing abroad.
Any legislation, treaty or foreign agreement must comply with provisions of the Constitution. The supremacy clause does not provide that any treaty or foreign agreement or any legislation passed does not have to comply with provisions of the Constitution. If the US government enters into any agreement or treaty with the foreign government and implement any legislation which is in conflict with provisions of the Constitution, then such agreements or legislation will be invalid.
The US government can act against its citizens residing abroad only if the specified limitations are imposed under the Constitution including Article III, section 2, 5th and 6th amendments.
IV. Analysis
First hearing on case
The Federal Constitution provides the right to jury trial to any American before his conviction. During the hearing of the case for the first time, the interpretation given by the US government was that the Constitutional right to the jury trial is available to Americans residing within the US territorial limits and is not available for American servicemen or their dependents living abroad.
Mrs. Covert, an American citizen, was tried by the martial court for the murder of her husband in the United Kingdom. She was denied to her constitutional right because she was living outside the United States and her conviction was affirmed by the US court. The court also provided for the provision of the jury trial if Congress finds it to be reasonable.
Second hearing of case
Second time, the decision was based on Article 2(11) which empowers the military courts to act against offences committed by American servicemen or their dependents in the UK territory without any jury trial cannot supersede Article III, Section 2 and the sixth amendment of the Federal Constitution which grant the right to jury trial to civilians abroad. The constitutional rights extend even beyond the boundaries of the US to Americans overseas. When the US government approaches out to punish a criminal, the constitutional rights of American citizens in abroad to protect own life does not go away on the ground of being in another land. So civilians cannot be tried by the court martial.
The supremacy clause given in Article VI of the Federal Constitution does not provide about non-compliance of provisions of the Constitution after enactment of any agreement or treaty with the foreign government.
There was no such intention of the law makers to set up a rivalry system between civil courts and military courts, where they compete with each other to exercise their jurisdiction over the civil criminals who are dependent on someone employed in the armed force. It seems incredible if the civil criminals are tried by the martial court and denied their right to jury trial.
The founders of the law used to accept the trial of soldiers by martial court for any offence during peace time with grudges. It will be again an annoying fact if Mrs. Covert is tried by martial court for the capital case committed during peace time.
Moreover, whatever jurisdiction the military court acquires as a result of the application of article 2(11) of UCMJ is lost when the convicted is handed over to the custody of the United States authorities. The article 2(11) of Uniform Code of Military Justice (UCMJ) became inoperative when Mrs. Covert was sent to the US and handed over to US authorities. On the basis of above rules, the petition of Mrs. Covert for the writ of habeas corpus was accepted.
V. Conclusion
The decision on this case was given twice in the US Supreme Court. The decision given during the second time was reversed by the court itself which happened for the first time in the US history.
Mrs. Covert who was convicted by martial court for the murder of her husband on the basis of Article 2(11) of Uniform Code of Military Justice (UCMJ) and was denied her constitutional right but was ultimately granted this right on the basis of the Supremacy clause of the sixth amendment which provides for compliance of all provisions of the Constitution by all treaties and foreign agreements. The Federal Constitution is a supreme source of law and no other state law, treaties or foreign agreements or legislation can supersede it.
Prison litigation refers to cases filed by inmates in the public courts of law. The number of prison litigation in the 1980’s skyrocketed to 23,230 filed in the US district courts under the Title 42 within the Federal Statute. The number increased by 49% in the 1996 an aspect that necessitated the Congress to pass the Prison Litigation Reform Act (PLRA) to reduce the number of cases (Bureau of Justice Statistics, 2014). The PLRA has two pillars, which are the prospective relief provision and the prisoner litigation provisions.
The two pillars have three major facets that hold the prison litigation in place. The prisoners need to go through all the administrative channels before going to the federal courts. Secondly, prisoners filing forma pauperis are required to pay the courts and filing cost via their funds that are present in the correctional trust fund. Lastly, the prisoners are not permitted to file forma pauperis if they have filed cases that have were terminated by the courts due to malevolence (Campbell, 2009).
The PLRA amendments served to benefit one party that is the courts by reducing the number of cases in the courts but were disadvantageous to the prisoners. The amendment makes it difficult for the prisoners to be guaranteed fair hearing in the federal and state courts. The amendment provides a long chain for the prisoners to follow before they file their cases in the court termed as exhaustion requirement.
According to Margo Schlanger who has done research on the impact of PLRA, she discovered that most of the cases filed within the system are discarded for frivolous issues. Some of them include missing a deadline, filing the documents with red ink or attaching medical records to support their claims in their submissions. The aspect makes it harder for the prisoners to not only file their cases but also win them (Sullivan, 2013). The legal system needs to make sure that the rights of all citizens by the fact that they are human beings are upheld, but inmates are shunned under the pretext of the PLRA.
The second effect is that it does limit the number of experienced lawyers willing to represent the prisoner. The reason for this is that the PLRA does limit the contingent rates that the lawyers can recover to 150% of the judgment and the hourly fees to 150% of the appointed counsel rates by the courts. This aspect coupled with the fact that the chances of winning are minimal deters them from taking the cases hence placing the inmates at a disadvantageous point.
Based on Booker (2016), only 5% of the cases involving inmates in 2012 was represented by lawyers when compared to 65% of the cases involving non-incarcerated individuals. The disparity reduces the chances of the inmates to get a fair trial and have an equal chance of winning the cases filed against the system.
Thirdly, the policy restricts the inmates from recovering from mental or emotional injury without proving a physical injury took place. In the prison case scenario, inmates are at times coerced into sex, discriminated against regarding religion, ethnicity among other violations within the constitution that do not involve physical injury. The prison and the legal system have a duty of ensuring such aspects do not occur, and in the case, they do the perpetrators face punishment. Based on this aspect the inmates end up adopting violence as a coping mechanism in the harsh environment while some commit suicide as a way of escaping their torture (Bark, 2014)
Prisons are areas where the criminals are expected to reform, but with the PLRA the reform involves infringing immensely on their rights as human beings. The courts have minimal authority when it comes to altering the prison policies to protect the inmates. The incapacitation of the courts gives more power to the administrators to set up more hurdles when the inmates are filing their cases (Schlanger and Shay, 2008). The increase in procedures and policies set do frustrate the inmates as it limits the chances of addressing their grievances.
Question 2
According to Schlanger and Shay (2008) jails play an integral role in the criminal justice system as they hold inmates as they await their trial, sentencing or charges. The jails serve to separate the criminals from the innocent people in the society. The aim of the separation is to keep the society safe from the criminal who wants to create havoc. Jails are typically run by the local government while others by cities or managed by people privately through contracts with the local government
The jail system holds criminals who have done petty offenses or those serving a sentence of less than one year. The inmate, in this case, is run through a system that will help them change their perspective on life, in other words, make them fit in the society. Jail system has a rehabilitation program that does give the inmates skills that will enable them to get employment after their sentence (Terry, 2009).
Furthermore, the jails decongest the state prisons hence ensuring manageable numbers. The USA as an estimate of 3,300 jails that hold 1/3 of 2 million inmates, the number has increased tremendously over the years due to the lifestyle changes in the society. It is true that there is a negative correlation between the rate of criminal increase and the jails in the country resulting in overcrowding in the system (Sullivan, 2013).
I believe the jail system is necessary as it does deter people from engaging in crime. The harsh conditions in the present jail system make many people rethink their decision to commit a crime. Moreover, the jail system does punish the criminals by taking away some privileges they enjoyed in the free world and aid them in reforming. Retribution is part and parcel of the jail system as it saves to bring a reformed individual to the society.
Question 3
Three punishment and incarceration theories form the basis of treatment programs they include utilitarian, retributive and denunciation. The utilitarian theory focuses on punishing the criminals to serve as a lesson to them and other members of the society. Under the utilitarian theory, offenders go to jail or prison to deter them from engaging in the same crime for a period (Mallik, 2014). When they are under the system, the system does introduce harsh living conditions that will make them regret their mistake.
The regret is what leads to the next step, which is rehabilitation. Rehabilitation deals with treating mental illness, violent behavior, and drug dependency. It also does incorporate educational skills that give the inmates skills and knowledge that will enable them to get jobs when they integrate into the society (Schlanger and Shay, 2008).
The second treatment program focuses on the retributive theory where the criminal gets punished for their offense (Mallik, 2014). In the USA, some states still have the capital punishment for offenders. The capital punishment serves to punish the offenders for the crime they committed and does give justice to the victims. The severity of the issue does make many potential offenders abstain from engaging in any criminal activity that will cost them their lives (Gottschalk, 2006).
The last one is the denunciation whereby the society subjects an individual to societal condemnation (Mallik, 2014). An example is when someone gives out information to a competitor in the business world. The publication of their name in the newspapers and the media serves to condemn them for their actions, and the business industry will shun their serves.
Treatment programs serve as a means of reforming the criminals into productive citizens. The programs give the criminals a second chance to achieve their potentials which do result in the growth of the nation. The treatment programs give the society an opportunity to deter potential criminals from engaging in crime. The major disadvantage is that managing the programs is costly and does add an immense burden to the state and federal system (Lowenkamp, Latessa and Smith, 2006).
Based on my analysis, I can conclude that they are necessary for ensuring that the victims get justice and the offender gets punished for their offense. The treatment programs provide the society with an opportunity to move forward from a negative event in their lives.
Question 4
Correctional system in the USA has undergone many amendments with the aim of formulating means to reduce the over congestion in the prisons and jail system. The first correctional policy is the reduction in the harsh sentences within the criminal judicial system. Many states in the USA have eradicated capital punishment in preference for the rehabilitation sentences (Lowenkamp et al., 2006).The adoption of the utilitarian approach with the aim of appearing democratic has increased the number of offenders hence increasing the number of inmates in the system.
Secondly, the AB 109 also known as the realignment bill serves the purpose of diverting the risk of punishing low-risk offender to the counties from the state. It also altered the three strikes law……” where the defendant convicted of any new felony, having suffered one prior conviction of a serious felony to be sentenced to state prison for twice the term otherwise provided for the crime…,’’ (California’s Three Strikes Sentencing Law – criminal_justice, 2017).
The AB 109 does increase the chances of criminals viewing the system as being lenient hence increasing their chances to engage in serve crimes. An example of the negative impact of this is the shooting of Whittier police officer Keith Boyer by an offender who was on a locally supervised probation instead of jail (Realignment (AB 109) in California, 2017).
The third correctional policy is the hands-off doctrine that eliminated the supreme court’s involvement in prison operations. The policy has resulted in the correctional facilities being under the direct control of the administrators. In the case, an inmate feels offended by the jail system and want their grievances addressed the long channels tend to limit them from getting justice (Gendreau, Goggin, and Smith, 2000). The hands-off policy is closely tied to the denunciation theory where the society does shun the inmates, in this case, the administrators. The aspect as resulted in the increase in violence in various jails and prisons around the country.
As discussed in this paper there is a conflict of goals that tend to affect the future corrections system. Different states apply different correctional policies when it comes to dealing with offenders. The drive is often political, civil or economic pressures faced by the legislature. The conflict in goals leads to lenient policies that favor one party while ignoring the other party directly or indirectly involved in a crime.
The second challenge is getting adequate funding. The correctional facilities in the current are underfunded by the federal and the state government. In 2016, the total budget allocated to the correctional facility was $71 billion which is not proportional to the high number of inmates in these facilities.
Thirdly, the correctional facilities have understaffed an aspect that makes it difficult to enroll the correctional programs fully. The aspect results in the offenders viewing jail term as a break from their real lives instead of a period to reform. The perception has led to the increase in the number of second-time offenders across the country (Gottschalk, 2006).
Lastly, there is a lack of proper coordination between the different agencies involved in the criminal justice system when it comes to correctional activities. The lack of a seamless flow of information on how to reform the inmates and decongest the system has rendered the correctional system ineffective (Gendreau et al., 2000).
In conclusion, the future seems bleak in the correctional system if the legislature and the society do not take a step to work together. The joint effort will enable the future generations to grow up with morals and the institution of progressive correctional policies that will reduce the rate of crime in the country.
REFERENCES
Bark, N. (2014). Prisoner mental health in the USA. Int Psychiatry, 11, 53-5.
Bureau of Justice Statistics, US Dep’t of Justice, (2014). Survey of State Criminal History Information Systems.
California’s Three Strikes Sentencing Law – criminal_justice. (2017). Courts.ca.gov. Retrieved 2 July 2017, from http://www.courts.ca.gov/20142.htm
Gendreau, P., Goggin, C., & Smith, P. (2000). Generating rational correctional policies: An introduction to advances in cumulating knowledge. Corrections Management Quarterly, 4, 52-60.
Gottschalk, M. (2006). The prison and the gallows: The politics of mass incarceration in America. Cambridge University Press.
Lowenkamp, C. T., Latessa, E. J., & Smith, P. (2006). Does correctional program quality really matter? The impact of adhering to the principles of effective intervention. Criminology & Public Policy, 5(3), 575-594.
Mallik, A. (2014). Theories of Punishment in the Ethics of Philosophy. Scholarly Research Journal for Humanity Science & English Language.
Schlanger, M., & Shay, G. (2008). Preserving the rule of law in America’s jails and prisons: The case for amending the Prison Litigation Reform Act.
Sullivan, K. T. (2013). To free or not to free: Rethinking release orders under the prison litigation reform act after Brown v. Plata. BCJL & Soc. Just., 33, 419.
The changing nature of crime has a significant impact on criminology, leading to more intriguing research on new aspects of crime. As noted by Barlow & Kauzlarich, 2010: 18), criminology theories have established that the complexity of behaviors and criminal actions as explained in different criminological theories point to the fact that the nature of crime will continue to change.
The modern times are characterized by unique crimes including unusual cases of terrorism, larceny and cybercrime among others. Criminals have become more tactful and the advent of technology and crime-based films have further increased expertise in criminal activities. The need to address the changing nature of crime in a proactive manner is absolutely necessary and criminology must adjust to accommodate such developments.
Besides, there is need to investigate the impact of traditional forms of crime correction and punishment to establish its effectiveness in the wake of the changing nature of crime. Accordingly, criminology has been affected by the changing nature of crime and there is need to keep studying such crimes and ensure that they are amicably addressed. Criminology is tasked with the duty of studying crime and developing solutions; such that urgent research is required to address new aspects of crime.
The changing nature of crime could be a reflection that theories in criminology have been outdated and that new focus is needed in order to manage modern crime. New paradigms need to be explored in order to ensure enhanced crime management. In the case of terrorism for example, the field of criminology is tasked with determining the major motivations of crime and the possibility of preventing the attacks before they can happen.
Changing nature of crime: Terrorism
Recently, there has been a surge in the number of terrorist attacks in the form of lone shootings, an illustration that terrorism goes beyond the alleged question of religion where research has mostly been focused. The recent shootings in Las Vegas that left 59 people dead and nearly 500 injured on October 1, 2017 were perpetrated by a lone gunman whose motive of crime is yet to be identified.
Stephen Paddock as he has been identified planned the crime for a long time, purchasing guns and rounds of ammunition and booking hotel rooms that gave him a clear view of the venue (Yan & Karimi, 2017: 1). The attack raises questions on how such a crime could be executed under the tight security measures that the United States has taken against terrorism.
Paddock did not only purchase numerous guns and explosives but also managed to transport them in his car and into the hotel room without being flagged by security. It is possible if he managed to escape the scene as originally intended, he may have committed another crime such as a bombing, given the police found explosives in his car.
Paddock was mostly a private person and since no accomplice has been identified so far, finding the motive may require an investigation into his psychological health. Barlow & Kauzlarich (2010: 15) note that psychological causes have been linked to crime but its relation to terrorist attacks is still a new subject of study.
The changing nature of crime as far as terrorism is concerned needs to explore more theories than are currently being studied. This insinuates that criminology would have to change the direction of study towards investigating the impact of psychological issues and other factors as a trigger of terrorism (Corner, Gill & Mason, 2016; 561).
References
Barlow, H. D. & Kauzlarich, D. (2010). Explaining Crime: A Primer in Criminological Theory.
Lanham, Maryland: Rowman & Littlefield.
Corner, E., Gill, P. & Mason, O. (2015). Mental Health Disorders and the Terrorist: A Research
Note Probing Selection Effects and Disorder Prevalence. Studies in Conflict & Terrorism, 39(6), 560-568.
Yan, H. & Karimi, F. (2017). Las Vegas killer had more explosives, 1,600 rounds of ammo in
The death penalty and other issues concerning crime and punishment
This paper focuses on the general aspect of crime and punishment in different jurisdictions as they vary with religious and social beliefs, as do the treatment of persons from the point of investigations, arrest, trial and finally committal. The rights of the prisoners have long been neglected as they are considered pariahs in the society. This paper is analytical of the plight of prisoners and the sentences they face in addition to exposing the human rights issues that are to be addressed in the plights of prisoners’ rights.
Crime and punishment in the law
Crime is defined as an act that infringes on the law and therefore punishable. This broad description covers the significant aspect of what crime entails although it is worth noting that some crimes are not against people per se. These actions or omissions result in the suffering of persons. As a general duty of the state and its agencies to guard and protect its citizens, any infringement of the same attracts certain penalties to the perpetrator. Such penalties are out in the criminal laws. These punishments are meant to ensure justice for the victims (Friedman and Percival, 2017). It is also for the maintenance of law and order.
The inclusion of social mechanics of the society has had a great impact on the development of this area of practice of crime and punishment. The involvement of human rights organisations and the community as well as the introduction of acceptance in the forms of punishment.
Bibliography
Creamer, C. D., & Simmons, B. A. (2015). Ratification, reporting, and rights: Quality of participation in the Convention against Torture. Human Rights Quarterly, 37(3), 579-608. Friedman, L. M., & Percival, R. V. (2017). The roots of justice: Crime and punishment in Alameda County, California, 1870-1910. UNC Press Books.
Garland, D. (2014). Peculiar Institution: America’s Death Penalty Today. In Die Sinnprovinz der Kriminalität (pp. 233-244). Springer Fachmedien Wiesbaden.
Mathias, M. D. (2013). The sacralization of the individual: Human rights and the abolition of the death penalty. American Journal of Sociology, 118(5), 1246-1283. (Annotated bibliography)
In the outcry for the respect of the sacrosanct value of life, the author looks at the various forces that have fought for the abolition of death sentence in most jurisdictions. He focuses on the trends, cultural and political that led to the achievement of this feat. The article further dissects the various challenges that have faced this fight such as religious beliefs and the embrace of the human rights cultures. It also looks at the various aspects of communal lives of the residents in the fight for the abolition of the death sentence as being paramount.
Smith, C. E. (2016). Shaping Constitutional Law: The Example of Prisoners’ Rights. In The Supreme Court and the Development of Law (pp. 1-13). Palgrave Macmillan US.
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BUSINESS LAW SIGNATURE
A promissory note is a formal obligation to pay a sum of money within a certain amount of time. This form of contract binds a borrower’s pledge to repay a loan within a certain time frame, and all parties must sign it. It mostly consists of the date on which someone must be paid, the method by which an individual or organization must be paid, and the amount by which a person or organization must be paid (Chron, 2019). The promissory note made between Jones and Layla will be considered valid since the amount to be paid as well as the time frame for payment has also been stated.
BUSINESS LAW SIGNATURE
In this case, Jones was represented by an agent, Tom, who also signed the document stating “Tom, as agent for Jones”. An agent is an individual or organization that has been given lawful authority to control on behalf of another person (Barone, 2020). This simply means that Jones is still liable for payments for the amount owed to Layla. According to (Chron, 2019), A representative of the company or individual signs the document on behalf of the company accepting the loan, committing the company or individual to pay it back.
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When considering who signed the note, an appointed agent may bind his or her signature on a contract by explicitly indicating that he or she is signed on behalf of the creditor by signing the instrument. The creditor, not the agent, would be responsible on the instrument in this situation (Klett, no date). Jones is the sole party responsible because Tom expressly claimed that he is Jones’ agent without ever claiming that he signed on his own behalf.
In the case of Mary, Paul and Harry, Mary will not be required to pay for the amount stated in the negotiable promissory note regardless of her signing the document. This is simply because Paul acquired the document through a fraudulent method. All arrangements, including those involving negotiable devices, must have been made with the free consent of the parties involved. Any contract under which consent was gained by deception is voidable at the discretion of the individual who gave the consent (Kundu, p.32).
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BUSINESS LAW SIGNATURE
However, Paul will not be liable for the forgery since he negotiated the document to Harry making him the holder in due course. A holder in due course is any person who, for valuable consideration, becomes the possessor of a negotiable instrument payable to bearer or the indorsee or payee thereof, before the amount mentioned in the document becomes payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derives his title (Kundu, p.36).
According to Kundu (p. 32) however, if such an instrument is sent to a holder in a responsible way, the holder would not be entitled to use the fraud protection. This means that neither Paul nor Harry will be liable for the fraud, all this assuming that harry was unaware of how the negotiable promissory note was acquired.
BUSINESS LAW SIGNATURE
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