The recognition of substantive legitimate expectations is to be welcomed‚ but the standard of review in such cases remains problematic. Discuss. Fairness and legal certainty are two crucial factors to be seen in decisions made by public authorities; the doctrine of legitimate expectations was first formulated by Lord Denning MR in Schmidt v Home Secretary (1969).The doctrine comes into play when a public authority makes a declaration regarding its policy‚ or the manner in which it will exercise
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Foodmart‚ Inc. Learning Team Assignment LAW/421 Foodmart‚ Inc. Part 1 In order to provide a detailed assessment of the above mentioned scenario‚ a clear understanding of each step in the contract must be clear. A contract was established between Foodmart and Masterpiece Construction for renovation to one of Foodmart’s stores. With a deadline approaching‚ and an increase in contract requests‚ Masterpiece was not able to complete expectations of this contract. To remedy
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Contract Elements Business Law is an interesting topic‚ especially when contracts are the subject of discussion. Contracts can obligate a party to perform a task‚ stop performing a task. They can be a guideline on a specific business sale or as simple as ordering something online. When things go wrong and contracts are claimed to be broken‚ the first thing we look into is whether it was a valid contract to begin with. For a contract to be considered valid there are 4 main elements it must contain
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ARTICLE XI: ACCOUNTABILITY OF PUBLIC OFFICERS Section 1: PUBLIC OFFICE AS A PUBLIC TRUST Public officers and employees must at all times be accountable to the people‚ serve them with utmost responsibility‚ integrity‚ loyalty and efficiency‚ act with patriotism and justice and lead modest lives. Section 2: IMPEACHMENT/REMOVAL FROM OFFICE Impeachment: (as means of removal from office) 1. Who may be impeached: - President - VP - SC Justices - Constitutional Commission members - Ombudsman
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Retrieved June 23‚ 2011‚ from the World Wide Web: http://www.ehow.com/how_6712302_discharge-contract-due-commercial-impracticability.html Legal Dictionary. (2011). Definition of promissory estoppel. Retrieved June 24‚ 2011 from the World Wide Web: http://legal-dictionary.thefreedictionary.com/Promissory+Estoppel
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ADVICE PROVIDED This advice deals with the issues of consideration and promissory estoppel. There are numerous definitions of consideration in legal texts‚ one being “‘A valuable consideration‚ in the sense of law‚ may consist either in some right‚ interest‚ profit or benefit accruing to the one party or some forbearance‚ detriment‚ loss or responsibility‚ given‚ suffered or undertaken by the other”. In relation to Rent a Tents contract with Susie the terms of the contract are that in return
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Define who is an agent and give TWO (2) reasons why agents are appointed. GHL Fridman describes agency as ‘the relationship that exists between persons when one‚ called the agent‚ is considered in law to represent the other‚ called the principal‚ in such a way as to be able to affect the principal’s legal position in resects of strangers to the relationship by the making of contracts or the disposition of property’. The Australian High Court in International Harvester Co of Australia Pty
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Business Law Common Law Assignment Hayley Gramson Student No. 17004217 Word Count 1003 a) In a letter dated 14/02/2011‚ the manager (Dave) of Excellent Foods (EF) outlined conditions in writing to the manager (Ben) of Safe Foods (SF) in relation to the purchase of EF. These conditions were that SF must pay the valued amount of EF‚ which totaled $120‚000‚ $30‚000 more than the original amount that SF had been prepared to pay and stipulated
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purpose or primary purpose must be to obtain PROFITS and DIVIDE the same among the parties. CHAPTER 2: OBLIGATIONS OF PARTNERS Art. 1784. A partnership begins from the moment of the execution of the contract‚ unless it is otherwise stipulated. EXCEPTIONS: 1. Where immovable property/real rights are contributed (Art. 1771) a. Public instrument is necessary b. Inventory of the property contributed must be made‚ signed by the parties and attached to the public instrument otherwise it is VOID 2. When
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case of Stilk against Myrick tells us that performance of an existing contractual obligation is no good consideration. This is because the promisee‚ Tom was not conferring any new benefits to the promisor‚ nor suffered any detriment himself. The exception would be if Tom had performed his obligation over and above his contractual duties as was illustrated in the case of Hardley against Posonby and that this would be good consideration. The facts disclosed that tom had not done anything beyond his
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