Based on the Contracts Act 1950‚ there are four ways to discharge a contract. The methods are performance‚ agreement‚ breach and frustration. Performance The general rule of performance defines that the performance must be strictly in accordance with the terms of the contract unless the parties have agreed otherwise. A promisor must be prepared to carry out his obligation at the time and place at which he has agreed to do so. Agreement A contract can be discharge by consent‚ under Section
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During the nineteenth century why did criminals continue to break the law when the punishment was so barbaric? Despite the Industrial Revolution‚ crime was on the rise. Was crime due to poverty and the lack of education‚ more prosperity-induced than poverty-induced‚ or was it based on where you came from? The Penal System in England during the nineteenth century did not seem fair. Regardless of the reason for criminal activity‚ the punishment didn’t seem to fit the crime either. Undoubtedly‚
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can be noted with armed robbery cases‚ which can be described by strain theory. This structural theory suggests that individuals commit crime due to the economic restrictions that face they communities (CITATION) and that crime results from the frustration that stems from this economic disparity between with the American dream (CITAITON). When using the biological positivist approach‚ an individual who commits an armed burglary should simply be locked up‚ or killed. On the other hand‚ when using the
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There are a variety of reasons why individuals commit crimes‚ but it is also true that the motivation may be very different between men and women. Just as complex is the explanations criminologists have developed and theorized to explain these actions. When trying to understand this complexity it is important that we look at crime and its motivations at its lowest levels. While not a single theory explains all crime committed by males and females‚ Robert Agnew’s general strain theory does a decent
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Discuss this dictum and explain the respects in which it needs to be qualified. This quote refers to the doctrine of frustration. In order to adhere to the essay question‚ it is important to establish what frustration is. The essence of frustration was identified in Davis Contractors Ltd v Fareham Urban District Council[1] by Lord Radcliffe. He asserts that “Frustration occurs whenever the law recognises that without the default of either party‚ a contractual obligation has become incapable
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Discriminatory effects have had a very negative effect on the people that are being cared for. This can make the person who’s being cared for have a low self-esteem and self-identity. It can also make them have negative behaviour such as aggression or criminality‚ disempowerment which can make a person feel less powerful or confident it can also lead to poor health and marginalisation which is where they treat a person insignificant. Marginalisation is when people feel like they are not part of the society
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in a conversation from which we learn about the effects that opium has on him‚ she hands him a pipe filled with the drug: According to Foucault “starting in the nineteenth century‚ […] monstrosity is systematically suspected of being behind all criminality. Every criminal could well be a monster (Foucault‚ Abnormal
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personalities. Concepts: Id‚ ego‚ superego‚ sublimation‚ psychotherapy‚ Thanatos‚ neurosis‚ psychosis‚ schizophrenia‚ the Oedipus complex. Frustration Aggression Theory: Frustration is a natural consequence of living and a root cause of crime in this theory‚ and criminal behavior can be a form of adaptation when it results in stress reduction. Concepts: Frustration‚ aggression‚ displacement‚ catharsis‚ alloplastic and autoplastic adaptation. Modeling Theory: This theory states that people learn how
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which contracts can become frustrated A contract may be discharged by frustration on a few circumstances. According to Section Contract Act 1950‚ there are provisions of three (3) clauses which may be the circumstances of frustration of contract. Generally‚ contract can become frustrated when an agreement to do impossible or unlawful act has been made. Referring to the Contract Act 1950‚ the three clauses provide for frustration of contract are as follow: * S57 (1) CA - An agreement to do an act
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offender’s criminality. Some believe that desire to commit crimes may be inherited and that criminal inclinations are genetically based. Research has been done extensively to discover evidence that would support this claim that has been made by intellectuals. Criminal deeds have always been a motivation due to the debate of nature and nurture. Studies have been done in regards to this debate that has resulted in a conclusion that both genes and environment do play apart in the criminality of a person
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