Part A Question 1: Step 1 The issue of law it that for a reasonable contract to be established‚ whether the element of agreement required for the formation of a contract can be formed in parties. Step 2 A legally enforceable contract can be organized by three significant parts; there are intention‚ agreement and consideration. With regards to agreement‚ it means a discussion of the consensus on critical terms needed for a workable transaction. Generally‚ while the parties intended‚ an agreement
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EUROPEAN UNION‚ BINDING ACTS AND ADAPTATION OF THE ITALIAN NATIONAL LAW TO THE COMMUNITY. The Treaty of Lisbon‚ signed on 13 December 2007 by the Heads of State and Government‚ was subject to ratification by all 27 Member States of the European Union. Article. 6 of the Treaty provided that it came into force on January 1‚ 2009‚ if by that date all Member States have deposited their instruments of ratification‚ otherwise on the first day of the month following the deposit of the instrument of
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LegCo: Historical Evolution Powers and functions‚ and Prerogatives Issues raised under the BL Case Law • Article 66 • The Legislative Council of the HKSAR shall be the legislature of the Region. • 2 I. LegCo – A Brief Retrospect • A. Generality – From 26 January 1841 to 30 June 1997‚ • Hong Kong was a British colony and its first constitution‚ in the form of Queen Victoria’s Letters Patent entitled the Charter of the Colony of Hong Kong and proclaimed at the Government House on
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nations in the world nowadays‚ and each has a different set of laws that govern its people and its relations with the rest of the world. Whereas‚ international law governs relations between states‚ institutions‚ and individuals across national boundaries‚ municipal law governs this same person within the boundaries of a particular state. The comparative law‚ which is the study‚ analysis‚ and comparison of the different municipal law systems‚ classifies countries into legal families. The two widely
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personality A. PROMOTERS • Background • Definition - no statutory definition - 2 common law definitions • Twycross v Grant (1877) 2 CPD – someone who “undertakes to form a company with reference to a given project‚ and to set it going and… takes the necessary steps to accomplish that purpose” (Cockburn CJ) • Whaley Bridge Calico Printing Co v Green (1880) 5 QBD 109 – “the term promoter is a term not of law but of business‚ usefully summing up in a single word a number of business operations
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where relevant. ISSUES Is Bob liable to Mary and to what extent? Does Bob have any defenses? Is Tom liable to Sam and to what extent? LAW In this case we are dealing with tort law and more specifically negligence in tort law. Negligence in tort law requires the plaintiff to prove the following: * The defendant owed a duty to the plaintiff (or a duty to the general public‚ including
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classification of ‘hard’ and ‘soft’ law is unhelpful and misleading in reflecting enforceability in international law. What are the sources of international law? What is meant by ‘hard’ and ‘soft’ law? Do you agree with Chinkin’s assessment and why? ------------------------------------------------- Introduction This essay first discusses the nature and lack enforcement of hard laws‚ being those defined under the ICJ statue and Vienna Convention on the Law of Treaties 1969 (VCLT). It argues
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Natural Law VS. Positive Law Laws are rules established by a governing authority to organize and maintain orderly existence. It can generally be divided into two principles: Natural law‚ which is based on the divine‚ and Positive law which states that laws are what the lawmakers command. Throughout history many philosophers have come to be linked to either branch of law. Philosophers such as Aristotle advocated Natural law‚ while others‚ such as Thomas Hobbes‚ supported Positive law. Each
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Business Law Assignment; Mistake in contract law‚ is a factual misunderstanding that may lead to a failure of a meeting of the minds. Unilateral mistake is mean that is only one party is mistaken‚ but the other party knows‚ or ought reasonably to be aware of the mistake. Contract may be void or voidable. Void is a contract that is no legal effect. While‚ voidable is an agreement that may be affirmed or rejected at the option of one of the party. The reason why Lord Denning took the view that these
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Common Law Tradition and Sources of Law Common Law Tradition: In early England‚ there was desire to establish a legal system that did not settle disputes by simply relying on local customs and traditions. Instead‚ there was desire to use a uniform legal system throughout the entire country. “What evolved was the beginning of common law‚ a body of general rules that applied throughout the entire English realm. Eventually‚ the common law tradition became part of the heritage of all nations
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