In order to advise Posh as to her legal position, concerning the sale of her shares in Big Bank plc to Becks, it is of paramount importance to determine the existence, if any, of a binding contract between both parties and to what extent Posh may be bound by this. In order for a valid contract to exist, there must be present the following essential elements; agreement, consideration, and the intention to create legal relations.1 It would seem clear from the facts of the present case that there has been an agreement by both parties.
To illustrate the difficulties over the simplest of statements, the example that 'land cannot be stolen' gives rise to a vast number of complex issues surrounding land. For example, land cannot be stolen but what if the "defendant is acting as a trustee or personal representative" (Herring, 2006)? In this case there can be theft of the land if the trustee sells more land then what is required of him. Also other issues surrounding land are things that are part of the land, for example, wild flowers, which can only be stolen if they are taken with the intent of selling them on, yet are not considered as theft if they are taken for personal gain.
Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.
Do they use key words from the title or question?
Do they answer the question directly?
Can you work out the question or title just by reading the conclusion?
"All the relevant factors need to be considered, and as long as the employment tribunal takes these into account, their decision will be a question of fact and their finding can not be challenged unless they came to the conclusion which could not be reasonably obtained by any other tribunal.
The only thing that is certain is that if there is control, no delegation and a mutuality of obligation the court should find a contract of employment.
Going back the original question, it is clear that the tests created by the Courts were inadequate in a modern society. The courts now tend to look at a multitude of factors in deciding employee status. The most important factor, it seems, will be mutuality of obligations.
Adrian Williams concludes his article by suggesting that statutory intervention is necessary. I agree that because of the importance and number of rights an 'employee' will receive, it is paramount that the courts can determine worker status accurately. I find it difficult to see though how a statutory test would advance the position we are in now, the position of painting a picture of all factors and balancing them out.
"In conclusion, within this research paper I have tried to explore and explain how the Bosman ruling has affected European football. It is easy to gather that thanks to the Bosman ruling a shift of power has occurred which has allowed players the freedom that they previously never had. Unfortunately for Jean Bosman he never really felt the effects of his own crusade, but unlike his own contractual situation where football clubs were making a decision on a player's behalf, now the player has the bargaining control."
"In conclusion, it would be clear to state that a promise is enforceable once consideration has been provided as consideration it many elements combined together. There are four main machanisams which make up consideration; firstly a promise must have some economic value, secondly, consideration need not to be adequate but must be sufficient, thirdly, consideration must move from the promisee and lastly consideration must not be past."
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