materials from the item and elsewhere‚ assess the view that there is little difference between scientific theories‚ religious doctrines and political ideologies. An ideology is most commonly regarded as a set of ideas and values shared by a social group. Some people‚ for example Inclusivists‚ believe that there is little difference between scientific theories‚ religious doctrines and political ideologies. This is because an Inclusivist’s definition of religion is very broad. Anything which binds societies
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precedent goes to ensure the existence of both certainty and flexibility in common law. I will talk about the advantages and disadvantages that contribute to the doctrine of binding precedent including examples of previous cases. Finally I will come to a conclusion if I agree overall with Gardiner’s practice statement of 1966. Doctrine of Precedent is a legal term to describe the practice where decisions established in previous Court rulings are legally binding on future cases which have similar
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Rights Act 1998 consequently meaning the treaties have been put through domestic law. The doctrine of Parliamentary Legislative Supremacy is a long-established concept with roots in constitutional law. The doctrine is the idea that Parliament‚ made up of the House of Commons and the House of Lords‚ is the sovereign power‚ supreme to all other bodies in its ability to legislate. The concept of the doctrine of legislative law making has been defined by the legal theory of Dicey as “Parliament has
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"The defendant who seeks to avoid criminal liability on the basis that s/he was suffering from a mental disorder at the time of the alleged crime must have a defence that falls within one of the following‚ legally recognised‚ categories: Insanity‚ Diminished Responsibility or Automatism. While‚ at one level or another‚ these "mental disorder defences" share common characteristics‚ they each differ significantly. Unfortunately‚ this point does not appear to be fully appreciated in English Law." Discuss
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the elements of assurance‚ reliance and detriment must be present in order to found a claim of proprietary estoppel . The doctrine has however been widely criticised for being too flexible and uncertain. The main cause of this uncertainty is the lack of clarity surrounding the role of unconscionability. It has been stated that unconscionability is “at the heart of the doctrine‚” and yet there is “little guidance as to what it means‚ little explanation of why it is at the centre and thus virtually
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As James Munby firmly stated‚ “it is impossible to define‚ and difficult even to describe‚ at what point at which the influence becomes‚ in the eye of law‚ undue.” The doctrine of undue influence has been agreed upon as “the ground of relief developed by the courts of equity as a court of conscience.” It is an ordinary behaviour to influence individuals and persuade them to enter into transactions. However‚ the aim is to ensure that the influence exercised is not abused. On the grounds of these concepts
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A’s mistaken belief‚ that B will cede an interest in property he or she owns to A‚ and A detrimentally relies on the assumption” This essay will look at the three requirements within a proprietary estoppel claim in great depth‚ noting how unconscionability plays a strong role and perhaps arguably exhibits the fourth element of the requirements for a successful claim. The requirements for the
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During Jefferson’s Presidency two things changed “Jeffersonian Democracy”‚ the War of 1812 contributed because until the war hawks and a growing desire to obtain Florida and Canada Jefferson did not want to get involved in war with Europe‚ and the Louisiana Purchase also changed his views because he was very Constitutional and when the treaty for the Louisiana Purchase was presented it was argued to be Constitutional. Americans in the South wanted to gain Florida and the people in the North wanted
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Presented by: Hazrat Gul Totakhil Student: M2014036 1 2 Contract Defined An agreement between two or more parties representing a promise to be performed for consideration 3 Necessary Parts of a Typical Construction Contract O Parties identified O Parties make promises that constitute an offer O Both parties sign the contract O Both parties receive consideration: O Contractor – payment for work done O Owner – use of the completed project O Parties of the contract must have the LEGAL AUTHORITY
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Legal Issues Question One- (319 words) The contract at the centre of Bridgewater v Leahy [1998] HCA 66 is a deed of forgiveness of debt‚ in relation to the transfer of land. The parties to this contract were Neil York‚ who bought the interest in the land‚ and Bill York who sold the interest‚ and forgave the debt. The contract was entered into on 19th July 1988‚ with the terms being that Bill would transfer his interests in the Wonga Park fee simple‚ the Wonga Park perpetual lease selection
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