Assignment 1 Common Law By: Tita Amalia V. 1. Jonathan and an international business transaction Two parties reach agreement on the terms of the sale of a product from one party to the other. The agreement was written and signed by both parties in the presence of their lawyers. a) Do the parties have a valid and enforceable contract? Before a contract is formed‚ there must be agreement consisting of offer and acceptance‚ intention to form a contract‚ and consideration. Without
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Common Law Assignment Answer 1: There is no enforceable contract between Joanna and Rita because under Contract Law it is stated that the first requirement for any valid contract to become existent is an agreement that contains the elements of “offer” and an “acceptance”. In the case provided‚ Joanna did put forth an offer for Rita who then laid a condition of accepting the offer‚ therefore a counter-offer; also Rita had not yet accepted the offer completely. She stated in her response‚ that
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rules of the common law and principles of equity. Law is to be seen as definite and also flexible and fair. It specifically needs unambiguous rules on one hand but flexibility on the other to provide exceptions to cases that may lead to apparently unjust conclusions where rules are applied rigidly. Common law‚ as define by Wikipedia‚ refers to law developed by judges through decisions of courts and similar tribunals‚ rather than through legislative statutes or executive action. Equity on the other
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Year 12 Unit 1 Model Answers Question 1 (a) Outline what is meant by alternative dispute resolution and how it operates within the civil justice system – 14 marks The phrase alternative dispute resolution‚ also known as ‘ADR’ essentially is a range of ways to avoid full scale litigation. Access to justice is a fundamental right and is protected under Article 6 European Convention of Human Rights‚ therefore‚ if society is to operate effectively there must a way of ensuring that disputes between
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between the role of criminal law and civil law in relation to the legal system and analyse the purpose of the law. Criminal law is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is prohibited by the state because it is held to threaten‚ harm or otherwise endanger the safety and welfare of the public‚ and that sets out the punishment to be imposed on those who breach these laws. [1] The criminal law serves several purposes and benefits
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HISTORY OF COMMON LAW | STATUTORY FRAMEWORK * Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of Man + Channel Isles) ENGLISH LAW = The legal system of England and Wales (“the laws of England and Wales” from 1967). These laws mainly deal with issues of property‚ theft‚ inheritance‚ money… The legal system of England and Wales is the basis of most legal systems in the Commonwealth and the US (except Louisiana). THREE MAJOR LEGAL SYSTEMS IN THE WORLD
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Common Law Law developed through conclusions of courts and similar committees by the judges is known as common law‚ it is also known as case law. Common law binds upcoming decisions and it is the body of practice. Common law delivers compensation in monetarist value of the damages due to violation of contract and approves the legal owner of the property. Certain amount of money presented as compensation by a court for a breach or trot of agreement is known as damages‚ it is also famous as lump
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Sources of common law I. Sources of the Common Law A. Court Decisions The principal source of positive law in the common law system is customary law. The common law system has some analogies to French medieval law: trial by jury‚ the binding nature of precedent. B. Statutes and treaties Statutes and treaties are the other source of law in the anglo-saxon world. However to be enforced even statutes and treaties must be ultimately interpreted by judges. Statutes are however controlling; that
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Equity was developed over centuries but initially as a reaction to the “harshness of the common law or lack of developments in common law”. Furthermore‚ the common law system went unchanged for centuries and was a system were petitions were presented to the King for his grace in some complaint where “the usual royal answer was let him sue in common law”. In addition‚ complainants often complained about officials in respect of misconduct and unfairness. During the 14th century petitioning to
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Common Low Marriage Common Law Marriage “To love one another and grow together as one‚” comes to my mind as I sit and discuss my common law marriage with my friends. In society eyes you are not considered married unless you have a wedding and a marriage licenses. My legally married friends do not consider the agreement that my husband and I have agreed on as being legally married. According to Webster the meaning of Common Law Marriage is a relationship created by agreement
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