there need to be assent of both parties in order for the contract to be binding. Would the contract also be valid if one or both parties were intoxicated? Also‚ was Lucy reasonable in taking Zehmer seriously‚ and is specific performance an adequate remedy. Rule: The rules of law that the court used are: “The mental assent of the parties is not requisite for the formation of a contract. If the words or other acts of one of the parties have but one reasonable meaning‚ his undisclosed intention
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there is a remedy’ ubi jus ibi remedium; which provides the fundamental concept that the complainant who has a grievance cognizable by the law may be assured of a remedy through the courts. Ubi jus ibi remedium has been a fundamental concept of our legal system‚ and the complainant who has a grievance cognizable by the law may be assured of a remedy through the courts. The work of the constitutional mandate is that courts must grant ‘appropriate relief’ or ‘appropriate and just’ remedy where there
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Judicial Activism in Pakistan Judicial Activism: Social change effected by judicial decree. The doctrine that the judicial branch especially the federal courts‚ may interpret the constitution by deviating from legal precedent as a means of effecting legal and social change. Judicial activism is a time honored trait of judicial function and to give up that trait is to surrender before these two mightier organs of the state. History bounds in scintillating examples of judicial activism‚ when the
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Question: Nur Aini‚ a highly stressed-rich widow‚ was enticed into joint a group as a Way of Life (PAWOL) by Alias‚the leader of the group. Alias promised Nur Aini that by transferring‚ all her wealth to him‚ he would ensure that she is cleansed of all evil and would not be burden with any worldly problems. Believing his words‚ Nur Aini transferred all her wealth to Alias and stayed together other followers. Two years after joining the group‚ Nur Aini realized that she had been tricked into parting
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What is the legal meaning and grounds of rectifications? Rectification is a discretionary equitable remedy whereby an instrument which does not accord with the intentions of the parties to it‚ due to fraud or mistake‚ may be corrected. -It is not the contract that is rectified but the instrument recording the contract. What is instrument? Instrument is when put writing as the means of giving formal expression to some act‚ writing expressive of some act‚ contract‚ process‚ as a deed‚ or contract
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The Constitution of India has some distinct and unique features as compared to other constitutions to the world. As Dr. B.R. Ambedkar‚ the Chairman of the Drafting Committee puts it‚ the framers had tried to accumulate and accommodate the best features of other constitutions‚ keeping in view the peculiar problems and needs of our country. The following are the salient features of the Constitution of India. 1. Longest written constitution Indian Constitution can be called the largest
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ADMINISTRATIVE LAW I TUTORIAL SHEET 1 1. What is a Constitution? What are the features of constitutions in general? 2. Explain the difference between a federal and a unitary constitution 3. Why is the UK constitution considered to be (i) flexible and (ii) not entrenched? 4. What are the characteristics of the Constitution of Trinidad and Tobago? 5. Explain the following doctrines:- Constitutional Supremacy Separation of Powers The Rule of Law Conventions 6. Explain the contemporary
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SYMBIOSIS LAW SCHOOL‚ PUNE Legal research and methodology “SEPARATION OF POWER IN INDIAN CONTEXT” “FUNCTIONAL OVERLAPPING” Submitted by: Prashant Kumar Singh‚ LL.M. 1st yr.
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Constitution‚ how do you classify Malaysia’s basic law? (6 marks) QUESTION 2 "Constitutionalism" is an important concept for checking abuse or misuse of government powers. Elaborate. (6 marks) QUESTION 3 Explain‚ with examples‚ the concept of judicial review on the ground of constitutionality. (6 marks) QUESTION 4 Distinguish four features of a ’responsible government’ with counterpart features of an ’independent government’. (6 marks) QUESTION 5 State three exceptions to the "rule
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INTRODUCTION In the world at large there is a very great need to achieve and maintain peace and harmony in the ruling atmosphere of a particular state. In order to put this in place the doctrine of separation of powers is put in action in the different parts of the nation. in this essay I will simply define the key terms which are separation of powers and then proceed by elaborating how how this separation of powers is important in running a state and how it came to be practiced in Botswana. I will
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