Poole: Contract Law ANSWERS - SELF TEST – ENFORCEABILITY OF PROMISES– INTENTION TO CREATE LEGAL RELATIONS‚ CONSIDERATION‚ PROMISSORY ESTOPPEL AND DURESS 1. What is the effect of including an "honour clause" in a written agreement? (2) An "honour clause" has the effect of rebutting the normal presumption of an intention to create legal relations in a commercial agreement (1). Its effect is to render the agreement binding in honour only so that it will not be a legally binding contract. (1) 2. What
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Affirmative action as defined by law is most definitively not based on a quota system. In fact‚ what is not widely known is that this program can be equally used by all individuals provided that an inequality exists in the group that they belong to as not being reflected in the work force. So what is affirmative action? What is it designed to do? It is not designed to provide an opportunity to an unqualified candidate. It is designed as "a way of compensating individuals or groups for past injustices
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repayment of the extra cost. The issue in this case is whether S4H can recover the money from Newland. Promissory estoppel prevents a promisor from going back on his or her promise if the promisee relies on the promise to their detriment. It allows a party to recover on a promise and prevents the other party from arguing that his or her promise should not be upheld. The equitable doctrine of promissory estoppel was established in Central London Property Trust v High Trees Limited
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had made to Cole. There were 4 main criticisms responded to this rule which were stated by Hickling. The first criticism is that "The Rule Of Pinnel’s Case" is a dictum. However‚ it had been used for 200 to 300 years until Dening J developed the promissory estoppel. Next‚ it is also criticized as it illegally extended the doctrine of consideration from creating a contract to modifying a contract. The doctrine of consideration won’t consider the past intention but "The Rule Of Pinnel’s Case" won’t
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1. The following are essential requisites of a negotiable promissory note except a. must be written and signed by the drawer b. must contain an unconditional promise to pay a sum certain in money c. must be payable upon fixed determinable future time. d. must be payable to order or bearer 2. Which of the following is not an essential element of a bill of exchange? a. must be written and signed by the drawee b. must contain an unconditional promise to pay a sum certain in money c. must
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following. 2. On December 1‚ 2014‚ the plaintiff loaned me $4000.00 pursuant to a promissory note of the same date. Under the terms of the note‚ the entire amount as well as interest at a rate of 12% per annum‚ commencing December 1‚ 2014‚ was due in full on March 1‚ 2015. Interest continues to accrue at the same rate until such time as all amounts are paid in full or judgment is obtained. A true copy of the promissory note dated March 1‚ 2015 is attached as Exhibit 1. 3. Shortly after the date I
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What is an Affirmative Action Program? It is a law‚ program or activity that changes the conditions for any race with a disadvantage in society. Affirmative action strives for diversity in many sectors of the work world‚ education and society. What is the issue? Discrimination is intentional or unintentional bullying to a person of different race‚ sex‚ religion‚ etc... that causes hurt or harm to the individual. The fact that somebody speaks differently or is a different colour does not come
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nothing brings you direct equality quit like Affirmative Action does. If you consider affirmative action for its intentional purposes than Affirmative Action is very just‚ its purpose being to equalize the education and economic gap between minorities and causations. Although it is not a perfect method to achieving equality in this country‚ it is essential to accept it for why it’s been put into place and that it is all part of a process. Of course affirmative action
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Affirmative Action in Education “Affirmative action is an effort to develop a systematic approach to open the doors of education‚ employment and business development opportunities to qualified individuals who happen to be members of groups that have experienced long-standing and per” -Bill Clinton It is a stated fact that without Affirmative Action‚ a large number of America’s premier colleges and universities would be mostly occupied by White males and Asian American students‚ who tend
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SECTION A: Short questions 1. Is affirmative action morally defensible? Explain Yes it is morally defensible in that: The tough realities faced in the past created divisions of the past regime between black and white communities and declaration of this policy assisted in ensuring that closing that gap and normalise the conditions at the workplace. In the past South Africa has had many inequalities and imbalances‚ and blacks were treated in a unfair manner and stigmatized. In 1994 Democracy
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