"The requirement of consideration is an unnecessary complication in the formation of contracts."

Elements of the law of contract Zone A examination paper Question 1 "The requirement of consideration is an unnecessary complication in the formation of contracts." Consideration is probably regarded as one of the most controversial issues in the law of contract. The traditional and/or orthodox doctrine is based on the principle of "reciprocity", which seems to suggest that a promise given should be exchanged for something in return. The requirement of Consideration was established since the sixteenth century in Common Law. The first mention of which had been in the form of quid pro quo, inter alia, a promise for a promise, and later, it was acceptable that even a detriment or forbearance like fulfilling the promise to marry such as in the case of Shadwell v Shadwell[1860] would be sufficient consideration. Consideration was first associated with debt such as in the Pinnel's case and had subsequently spread to other simple contracts. This has been criticized by Lord Mansfield in 1756, and was in view that it could only be treated as evidence of the parties' intention and held that a moral obligation should be sufficient consideration. It was only in the case of Eastwood v Kenyon[1840] that Lord Denman confirmed that the law required some factor additional to a defendant's promise, which is, consideration, whereby the promise becomes legally binding. So, if a

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Detention and interrogation

.2 Assignment Roxanne Slevin Explain how Tom could make a complaint against the police and consider whether he could sue the police The police are accountable to the Chief Constable and the Local Police Authority (LPA); this is made up of local councillors and magistrates. The function of this is to maintain an efficient and effective force, which are all effectively answerable to the Home Secretary. They are not above the law and therefore must operate within the law. They have specific powers and their behaviour is regulated by the codes of practice contained in PACE. However, on the event that a police officer does not abide by these rules, under PACE, a complaint can be made to the force to the Independent Police Complaints Commission 2004 (IPPC). If a criminal offence is found then the DPP is informed, who will decide whether to proceed with a prosecution. There are two means of redress: the complaints process and civil action. In order to lodge a complaint, the complainant needs to submit it in writing to the police force in question. The chief constable then decides how the complaint should be dealt. This could either be by means of an informal resolution or a formal resolution. An informal resolution is merely an apology and an explanation; as long as this is satisfactory then this is acceptable. If the complainant is still unhappy, or it involves a serious

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  • Subject: Law
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LAW OF CONTRACT. LAW 103. THE CONTENT OF THE CONTRACT.

LAW OF CONTRACT. LAW 103. THE CONTENT OF THE CONTRACT. . CONTRACTUAL TERMS. The terms of a contract identify the rights and obligations of each party under that contract. A contract is merely a collection of terms - duties and rights and penalties, some of which may be in writing and some of which may be oral. Terms create contractual obligations for breach of which an action lies. Terms may be either express or implied. Express terms. Express terms are those which are specifically agreed by the parties. Implied terms. Implied terms are those which form part of the contract but they have not been specifically agreed between the parties during the negotiations for that contract. Terms may be implied into the contract in a number of ways;- Terms implied through custom and practice. Perhaps a most obvious example here would be the fact that contracts in the baking industry that make reference to the term 'dozen' may actually mean thirteen rather than twelve as that is a custom within that industry. "It has long been settled that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contract, in matters with respect to which they are silent... and this has been done upon the principle of presumption that, in such transactions, the parties did not mean to express in writing the whole of the contract by which

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Company law

Company law (I)Who have the control of the company Management Control: In this case, Ian, Martin and Peter are directors and so they own the general power of managing the company by acting as the agents of the company. By Table A, Articles 82, the directors may exercise all powers of the company not required by the ordinance or the articles to be exercised by the company in general meeting. Also, if the directors act within the powers given to them by Art 82 (or by some similar article), the courts have generally upheld the view that the directors are not bound to obey resolutions passed by shareholders at a general meeting. This is because the articles constitute a contract by which the members agree that the directors will manage the company and they generally have no right to overrule BOD. As a result, the three directors can ignore resolutions of the general meeting on matters of management unless there is an amendment made in the articles (Automatic Self Cleaning Filter Syndicate Co Ltd v Cuninghame (1906) UK.) However, there are some exceptional situations: . If the directors act beyond the powers given to them by the company's articles, the members may challenge the validity of their decisions (Tang Kam Yip v Yau Kung School (1986)). 2. The directors are unwilling or unable to act or exercise the powers vested in it, the members may do so. (Marshall's Valve Gear

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Contract law

BUSINESS LAW On 1 January, Kenny writes to Elaine offering to sell Elaine her car for $50,000. On 5 January, Elaine writes back and offers to pay $40,000. On 8 January, Kenny replies in writing that he will take $45,000. On12 January, Elaine writes to Kenny and asks whether the car radio is included in the price. On 15 January, Kenny writes to Elaine and tells her that the car radio is not included. On 19 January, Kenny writes to Elaine and tells her that he has decided not to sell his car. On the same day, Elaine writes to Kenny accepting the offer of 8 January. Is there a contract between the parties? Assume that all letters were posted on the day they were written and delivered following day. For a valid contract to exist there must be offer and acceptance. An offer is a statement of willingness to be bound by the terms of the offer. Kenny's letter construed as an offer to sell car for $50,000. Acceptance is final and unqualified assent to terms proposed by offeror and must be mirror image of the offer. Elaine writes back and offers to pay $40,000. This is not the mirror image of the offer and thus no acceptance from Elaine. In addition there must be an intention from both parties to create legal relations in a contract. Kenny and Elaine are in the commercial agreement and involved a business matter. In the case of Edwards v Skyways, the law presumes that there

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Contract Law - Offer And Acceptance

Contract Law Offer And Acceptance Contract Unilateral - Bilateral Contract Subjective-Objective Approach To An Agreement Offer Invitation To Treat Counter-offer Revocation Of Offer, Recall of Acceptance Acceptance Postal Rule-Limitation Contract Definition * Is an agreement between two or more parties that is intended to be legally binding (enforceable agreement) * Legally binding agreement needs of offer, acceptance, intention to create legal relations and consideration(difference between social agreement and legal agreement) * Is any promise or set of promises made by one party to another for the breach of which the law provides remedies * The remedies for the breach of contract is an award of monetary compensation, injunction, & specific performance(quantum meruit) Essential Element * The promise or promises may be express (either writing or oral) or may be implied from circumstances * Needs of writing is not essential for contract the Courts of US approved that as long as there is meeting of minds as though there is written, formal, signed contract then contract exists * However, for certain type of contract signed writing contract is needed (Statute of Fraud) * Mass production and nationalisation have led to the standard form contract * Freedom of contract is modified by some acts such as Consumer Credit Act 1974 & Unfair Contract Act

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The theory of tenure requires that all land that is held for any estate shall be held of a lord. It was on this premise that the relationship of landlord and tenant

INTRODUCTION This paper discusses in detail the statement that The theory of tenure requires that all land that is held for any estate shall be held of a lord. It was on this premise that the relationship of landlord and tenant for a term of years that had no place in the old feudal land law was brought into the category of estates and came to be based upon tenure. A lease is construed as both a contract and an estate. Today, it is the only form of tenure that retains any practical importance.1 With the aid of barons, William the Duke of Normandy invaded and conquered England in 1066. He became William I. All land belonged to the crown. One quarter was treated by William as personal property and the rest was leased out under strict conditions. The country was split into manors which were given to Barons by the King. In return the Baron and his Knights had to serve on the royal Grand Council, pay various dues and provide the King with military service when required. The Baron kept as much land as he wished for his own use, then distributed the rest among his Knights who were thereby bound to meet the Baron's military needs, when either he or the King called for them. The knights in turn allocated sections of their lands to villeins (serfs) who had to provide free labour and food and service whenever, with or without warning, it was demanded. 2 For several

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  • Subject: Law
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Employment law

It is normal for many of the obligations of an employer to his employees to be unspoken and not formally set out in their employment contracts. The law requires employers to give employees a written statement of basic employment particulars (ERA 1996 s.1 but no contract will, or could, include every term governing the relationship of the employee and employer. Many terms will simply be "implied". Some of these obligations will be imposed by statute (eg the Equal Pay Act 1970 implies an "equality clause" into every agreement under which an individual is employed in Great Britain unless there is an express equality clause - see Eq PA 1970 s.1(1) and Sex .Others obligations can be implied by custom, common law or trade usage (eg a right not to work on bank holidays can be implied by "custom of the trade") and all employers have a common law duty to provide a safe environment. A particularly important implied obligation is that of (mutual) trust and confidence. An employee might be entitled to treat his contract as terminated without notice if this duty is seriously breached by his employer. Over time the courts have developed guidelines as to the circumstances in which they may be prepared to imply terms into a contract of employment. The courts will not lightly imply a term. Thus if there is an omission from a carefully drawn up agreement the natural inference will be that

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  • Level: AS and A Level
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Offer and Acceptance

Sheena Problem An offer is an expression of willingness to be bound by the terms of the offer once it is accepted. The offer may be made by words, in writing, conduct or a mixture of all three. An offer can be made to one person, a group of people or to the world at large, e.g. where a reward is offered for a lost item, this is normally made via an advertisement and this is seen as a unilateral offer, which is one sided (Carlill v Carbolic Smoke Ball Co.). Sheena sees an advertisement in a window which states 'All mini disc players at £ 10 to the first twenty customers on Monday morning'. Sheena wishing to accept this offer queued up all night on the Sunday and was customer number seven. Once entering the store and selecting the mini disc player, she is informed that the management has decided to end the promotion. Due to this offer being a unilateral offer, the communication of the revocation of the offer is inappropriate. The rule that revocation must be communicated was established in the case of Byrne v Van Tienhoven, where a telegraph was sent on the 11th October, but a letter withdrawing the offer was posted on the 8th October was only received on the 20th October. The offer therefore was accepted on the 11th October so the revocation was invalid. As it states in the Shuey v US that if 'the same notoriety was given to the revocation that was given to the

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Explain how judges construe legislations and describe how they use the rules of construction.

Question 1 Explain how judges construe legislations and describe how they use the rules of construction. Question 2 Explain the statement that "not all agreements are contracts". Composition of a contract A contract is founded on agreement which arises from offer and acceptance. When one person makes an offer and another person accepts that offer, there is a contract. If no or not a properly acceptance exits, there is no contract. Consequently, not all agreements are contracts. General Rule -- Communication of the acceptance The general rule is that an acceptance must be communicated to the offeror. The acceptance is generally only validly communicated when it is actually brought to the attention of the offeror. The operation of this rule was illustrated by Denning LJ v. Miles Far East Corp. In the case, he said that if an oral acceptance is drowned out by an overflying aircraft, such that the offeror cannot hear the acceptance, then there is no contract unless the acceptor repeats his acceptance once the aircraft has passed over. Similarly, where two people make a contract by telephone and line goes dead so that the acceptance is incomplete then the acceptor must telephone the offeror to make sure that he has heard the acceptance. Otherwise, there is no contract. Situations which have no contract . Acceptance in Ignorance of the offer An offer is effective when it

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