Examine what is meant by consideration and consider what amounts to good or sufficient consideration. Consideration is an essential element for the formation and enforcement of a contract. It is the barge by which agreements are enforced in English contract law. It makes simple the process of parties creating contract. Curry v Misa‚ is one of the cases where the courts defined consideration as a benefit‚ a right‚ a profit to one party‚ a forbearance‚ a loss to another. Dunlop v selfridges.
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Explain how the High Court decision in Perre & Ors v Apand Pty Ltd (1999) differed in principle from the High Court decision in Caltex Oil (Australia) Pty Ltd v The Dredge “Willemstad” (1976). Caltex Oil (Australia) Pty Ltd v The Dredge “Wilemstad” (1976) and Perre & Ors v Apand Pty Ltd (1999) has been important cases in the history of Tort Law. Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to prevent
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US History August 22‚ 2012 Reconstruction‚ I 1. Wartime Reconstruction‚ 1862-1864 2. Presidential Reconstruction 1865-1866 Can Slavery continue indefinitely? The Union perpetual -Lincoln wanted to win the war‚ but he did not want to destroy the old south -Congress wanted to transform the south. -Lincoln wants to abolish slavery because it would cripple the economy‚ and believed in a gradual proclomation plan Wartime Reconstruction -Emancipation Proclamation‚ 1863 -Liberates slaves
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Hilary has the option to buy Locke House from Ruth and their agreement forms an estate contract‚ an equitable interest in the land of Locke House and at the discretion of the courts has specific performance available as a remedy. Using Hilary’s estate contract with Ruth which gives her a proprietary right we can move to examine any equitable ownership Hilary may have of Locke House. Despite being an equitable right in land and available when the legal formalities have not been followed to create
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concepts to understand in this subject. These three tenets are as follows; law is whatever a judge decides it is‚ law and morality are independent of each other‚ and rights are conferred. This is in opposition to the theories of natural law and legal positivism. During this chapter we will examine three separate works from three different authors. The first article is "Legal Realism" by Jerome Frank‚ the second is "The Path of the Law" by O.W. Holmes Jr. and the third selection is "Ships and Shoes and
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future. Vietnam moratorium (1969): American "doves" and antiwar protestor were not satisfied with "vietnamization" and preferred a prompt withdral. Antiwar protesters did a Vietnam moratorium in October 1969 where 100‚000 people went into the Boston Common and 50‚000 people went by the white house with lighted candles. My Lai: Deepened disgust w/ war‚ a village full of innocents was massacred by American troops Cambodia: Nixon ordered troops to help SV to clear out troops in NV and VC major base
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In the case US v. Calandra (1974)‚ Calandra was being questioned by the federal grand jury about loan sharking business. The reason the jury was asking these question were based on the evidence obtained at his company. Calandra didn’t want to answer any questions because he felt that the search of the company was an unlawful search and that it violated his fourth amendment exclusionary rule. The refusal to answer the grand jury‚ was what was being question about this case. Calandra felt like because
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Ryan McConkey Glenn May May 29‚ 2013 Hist. 388: Vietnam and the U.S. The View from the Ground Vietnam was a hostile place especially for the Vietnamese. Going into a war with one of the most powerful countries in the world and not knowing if they would be able to get out of the war alive. Scared and not knowing if they would be able to gain their freedom that they have been fighting for since they were occupied by China in 1100 B.C. This war was to fight for that freedom and the only
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spewed forth its smoke and ash. The rhetoric and ideology of the rule of law and the criminal Nazi state do not allow for such complications. The [sic] is the lie of law after Nuremberg‚ just as it is the lie of law after Auschwitz. Law continued while six million died. (p.145) David Fraser’s thesis‚ in LAW AFTER AUSCHWITZ‚ is that there is little to distinguish between our fundamental understandings and practices of law and those of German lawyers and judges between 1933 and 1945. He aims to refocus
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Formation: For a contract to take place an offer has to be given to someone and he or she would have to accept it in written. The transaction in this case involves a sale of goods contract. “A contract of sale is a legal contract an exchange of goods‚ services or property to be exchanged from seller to buyer for an agreed upon value in money paid or the promise to pay same. It is a specific type of legal contract.’ (1) Offer: On May 1‚ Joseph received a written order from Steve at the price listed
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