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
Taking selected areas of the civil and or criminal law, evaluate whether sportsmen and women are treated differently from the general public in proceedings that have their origin on the field of play.
Sports Assignment Question 2 Taking selected areas of the civil and or criminal law, evaluate whether sportsmen and women are treated differently from the general public in proceedings that have their origin on the field of play. Answer Sport plays a major part in the culture of today's society. Many people spend considerable time in front of the television, in sports grounds and traveling all over the country to support their respective club whether it be football, rugby, cricket or netball etc. However whilst playing, spectating or just generally being involved in a sport, things can go wrong and this very often results in an action in the civil or criminal courts. Sporting incidents should be dealt with like any other civil or criminal action, however there is evidence this is not happening in many cases in both areas of law. There can be several areas of civil law where claims can be made. These are Negligence, occupier's liability, defamation, nuisance, trespass and animals. However not all these will need to be looked at, the main ones being Negligence and occupiers liability. It is in the area of negligence that I will look at the sporting cases and how they differ from non - sporting cases of civil wrongs. I will be looking at participators, clubs, referees and spectators. In the second section I will be looking at negligence and injuries in football and how
LAW OF DELICT
Law case studies for Delict DEBBIE GUNN CASE STUDY 1 Q1) What is a duty of care? A duty of care can be defined as a legal obligation, to give a level of care towards another individual, to avoid injury or harm to that individual or their property. It is that 'a person should take reasonable care to avoid acts or omissions that they could reasonably foresee to harm their neighbour'. This can be defined as say a father had a duty of care to a sick child to get that child to a doctor, if that father had done so he had acted to help that child so had acted in his duty to care, had he failed to do so and not have called the doctor to help then this would have been classed as an 'omission' or failure to act. In Danny's case he did not take reasonable care Under the law of Delict negligence is harm caused unintentionally and negligence claims come about because the person who is at fault or caused the harm owed a duty of care and has breached this by causing harm, loss or damage to the pursuer. In order to succeed when bringing a negligence claim the pursuer must show that the defender owed him/her a duty of care and the defender was in the position to cause harm which they failed to prevent occurring and the pursuer must also show that it was the defenders breach of duty that was the main cause for the loss or harm caused by him/her. The legal precedent for
European law
In order to explain and evaluate the role and jurisprudence of the European Court of Justice1 I shall discuss the provisions of the European Community2 Treaty, which clearly provide for individuals to enforce rights derived from European Community law that are limited in their scope. This will be followed by the role of ECJ and how it has developed a number of principles that widen this scope. These are the doctrines of supremacy and direct effect, which are established to give individuals rights to enforce the European Union3 law. On the other hand, criticising the fact that that it restricts individuals rights in respect of challenging their decision. The European Union is a unique partnership in which many countries work closely together for the benefit of their citizens. Currently there are 27 member states of the EU, who have agreed to work collectively on issues such as common interest. The central purpose for the EC is to achieve a deeper economic and political integration, ('The ever closer union'). The EU desires for individuals to rely on the EU law in order to enclose uniformity hence enabling everyone to integrate in a common market. The common market, aims to increase a balanced growth on an economic and social level in respect of each member state. ECJ is one of the official institutions of the Community Treaty and plays a major part in the development
"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
‘Trial by jury is outdated, expensive and ineffective in ensuring justice’ Analyse arguments for and against this statement in relation to the recent changes proposed and the relevant literature
'Trial by jury is outdated, expensive and ineffective in ensuring justice' Analyse arguments for and against this statement in relation to the recent changes proposed and the relevant literature Jury trials have become a contentious point within the English legal system since the Royal Commission on Criminal Justice, or the Runciman Commission, made its report in 1993 (James & Raine, 1993:40). The history of trial by jury can be traced back to the county assize courts and the county quarter sessions of the eighteenth century, where jury trial was used in addition to the presence of judiciary. They were there for the purpose of active participation - interrupting proceedings to ask questions and so on. Since the 1700's however, the jury have gradually become an 'audience' who, despite the entitlement to ask questions at any time, generally do not exercise the right (Emsley, 1997:75). The courts of the time were notoriously corrupt, and juries were a means of the public holding an element of control in the criminal justice system. Trial by jury has changed little in format since its introduction over two centuries ago. It is still a panel of twelve lay-persons, made up of those who are willing to sit on the jury. Under English law: '..the jury system gives ordinary persons a part to play in the administration of justice.' (Keenan, 1998:95). At present, 'ordinary persons'
LAW REPORT on Macgregor(TM)s case
Title: LAW REPORT on Macgregor's case The Problem Peter booked a room for a week at MacGregor's Hotel. At the reception desk, where he made the booking, was a notice in the form laid down by the hotel Proprietors Act 1956 limiting the hotel's liability for loss of, or damage to guest's property. Peter asked the receptionist to look after his expensive Olympus camera but she refused saying that there was no room in the hotel safe. On the second night of his stay he invited his friend Beatrice to dinner in the hotel's restaurant. At dinner, without consulting Beatrice, Peter ordered Helford oysters for both of them. The oysters that were served to them in fact came from Whitstable and several of them were bad. Later in the meal Beatrice, already beginning to feel the effects of the oysters, left table in search of a lavatory. On her way there, suddenly overcome by dizziness, she tripped on a piece of torn stair carpet and fell heavily, breaking her arm. The meal was abandoned and Peter returned to his room hungry and bad tempered only to discover that his Olympus camera had been stolen. Being the defence advice MacGregor about his legal liabilities. Introduction This brief advises MacGregor as to the legal liabilities he faces as a consequence of the incidents as detailed above. It is advised that if this matter proceeds to court, which is likely, then Beatrice's
the english legal system unit1 assignment4
(a) Describe the present organisation of the legal profession (Solicitors, Barristers and Judges). To what extent is this form of organisation capable of satisfying the legitimate expectations of those using or involved with the legal profession? In order to address this question I endeavour describing the present organization of the legal profession namely the roles of Solicitors, Barristers and Judges, and the ways in which they interlink with one another within the legal system. In turn I will assess whether the present organisation is capable of satisfying the legitimate expectations of those using or involved with the legal profession. There are many differences between the English Legal System which derives from the common law, and law operating in other countries. For example with that of Roman law which is the system adopted by the majority of countries in Europe. Primarily it is imperative to appreciate that the legal profession can be divided up under two main headings namely, Solicitors and Barristers. Each group has its own duties and functions and its own controlling body. The two professions are separate and distinct, different governing bodies control them, their qualification requirements are different and their traditions are different. One cannot be both a Solicitor and a Barrister. Out of the two, the Barrister is the 'senior' profession, although many
Common Law and Equity
Outline the development of common law and equity. A The Law in England didn't come about all at once, but has developed over the centuries. There are 5 different sources of law: Customs, Judicial decision, Acts of Parliament, Delegated Legislation and, most recently, European Law. However, new law is still being created today. The law as we know it today all started in 1066, when William the Conqueror invaded England. He found a country with no single system of law, just sets of customary rules which differed from area to area. This was due to the different invaders who had settled in different parts of England, bringing their laws with them. William decided to set events into motion that helped bring about the system we have at present. William introduced the feudal system, in which all land belongs to the king, and he slowly started to gain control of England. He then split the land up and granted parts of the land to people who supported him and who were willing to grant him services, e.g. barons. He then made them pay taxes to him yearly. They in turn granted land to their followers and then them to theirs. This meant that the king had gained control of the whole country. The King's Justice was introduced for any landholder who had a problem that could not be sorted with their landowner. They were able to apply directly to the king, and William made himself available
Critical evaluation of murder for A2 law unit 4
Murder answer plan At the beginning of its report on the Partial Defences to Murder (Law Com 290, 2004), the Law Commission says expressly that it "has long considered that the law of murder is in need of review". This shows that it has been brought to the attention of parliament by their advisors that the law on murder is in an great need of being changed, however as parliament doesn't have to follow all that the law commission suggests to them - all the law commission is designed to do is to suggest to parliament things they think need to be changed, not things parliament will in fact change. This shows that there are indeed some points of the law on murder which need to be addressed, but that parliament isnt responding to that need as they don't feel they have the time to carry out the drafting of a statue to change it. So it shows a lack of commitment to addressing the law on behalf of parliament, whose job it is really to make the country a safer place to live in for the citizens of the UK, but it is debatable as to how safe our country really is when parliament don't commit the time to changing important statutes on murder as murder is a serious issue as to the life and wellbeings of british citizens - many people want justice to be served by those who are a danger to society. The law on murder is considered to be quite old, as the definition used for it was by Lord
