For a contract to be legally binding all of the following elements must be present. If one or more is absent the contract will be considered invalid or void. The first element of the contract is Offer and Acceptance. For a contract to be considered valid one party (the offer) must make an offer to another party (the offeree). Before an offer is accepted it must be communicated to the offeree. A offer is immediately made into a contract when the offeree accepts the offeror’s tender. An offer can be
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As the First President of the newly created United States of America‚ much of what George Washington did‚ would set the stage for future presidents. Here are some of the precedents set by George Washington during his time in office o Established the Cabinet within the Executive Branch by appointing Thomas Jefferson Secretary of State and Alexander Hamilton Secretary of Treasury‚ a body that was not outlined within the Constitution. o Supported innovative fiscal concepts such as the Bank of America
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10. Sources of precedent phenomena. The sources: 1) Folk tales – contains specific plot‚ heroes‚ situations‚ names and places that are passed on from generation to generation: (Br)The Three Little Pigs‚ Jack and His Friends etc. They define the national mindset. (- Ogres are legendary being which are usually depicted frequently featured in mythology‚ folklore‚ and fiction throughtout the world. Ogres appear in many classic worls of literature‚ and more often described in fairy-tales and
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law’‚ ‘doctrine’ and ‘precedent’. The term Common law can be defined as a part of the English law developed by the Courts of common law which judgments by judges hearing real cases . Furthermore‚ Doctrine can be defined as a commonly accepted set of rules and procedures. Precedent means an example serving for the future . Moreover‚ this essay will clarify that the historical development Australia legal system‚ development of common law‚ the evolution and operation of the doctrine of precedent. These
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of contract law applicable would be whether the offer and acceptance was put into a legally binding agreement. The offer of rewards given to the clerk from IRAS greatly depends on the usefulness of the information from the clerk to retrieve successfully the total amount of tax evaded by Evander. Firstly‚ to describe the contract‚ an offer is a definite intention by the offeror to enter into a legally binding agreement‚ be it a specific person‚ a group of people or the world at large‚ on the offeror’s
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succeed. The doctrine of judicial precedent is important because it is the ratio decidendi of a previously decided similar case‚ decided by a higher court to the current facts that will decide the solution of the case. 1 JUDICIAL PRECEDENT The weight or authority of rules of law derived from cases may vary. These relative weights are determined by the doctrine of precedent. Nearly all legal systems (including civil law systems) have some form of a doctrine of precedent‚ though
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Question 6 Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.’ Discuss. Kiew Boon Yin Judicial precedent means the process whereby judges follow previously decided cases where the fact are of sufficient similarity. The doctrine of judicial precedent is a practice of the court‚ it provides guidance to the judges when they apply case precedents. It also provides certainty
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Business Law “To create a binding agreement the acceptance must occur‚ and that ‘acceptance’ must be final and absolutely unconditional. This is clear under Australian Contract Law.” As a legacy of being a British colony‚ Australian Law has been very much guided by legislation and case law from England for over two centuries. Even though a number of Acts were passed in the British Parliament gradually enabling the Australian States‚ and from 1901 the Commonwealth‚ to enact their own legislation
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Judicial precedent signifies the practice whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent is a practice of the court that provides guidance to the judges when they apply case precedents. Black’s Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases‚ which helps provide certainty‚ consistency and
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What is the role played in contract law by the doctrine of consideration 1. Controversies and challenges of consideration. For a contract promise to be enforceable‚ that promise must normally be supported by consideration. Any contractual promise must be supported by consideration unless an exception applies. A promise will be supported by consideration if it’s given as part of a bargain or exchange rather than a gift. Second‚ the promiser or 3rd party should receive some act forbearance
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