obligations arising under the contract on the parties to the contract. Third parties cannot be under such an obligation to perform or demand performance under a contract. This is referred to as Privity of contract. The Doctrine of Privity of Contract under English Law The doctrine of “Privity of Contract” which means that a contract is a contract between the parties only and no stranger to the contract can sue even if the contract is avowedly made for his benefit. Thus a stranger to the consideration
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Identification Doctrine: Limitations in Establishing Corporate Criminal Liability The identification doctrine is the traditional method by which companies are held liable under the principles of the common law. According to this theory‚ the solution for the problem of attributing the unlawful acts to a corporation for offences that require intention was to merge the identified individual with the corporation. For the purpose of establishing corporate liability‚ a company may be responsible for the
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article I will present what Descartes considered to be the central ideas of scholastic metaphysics‚ as well as show what he chose reject from that doctrine‚ why he chose to reject it‚ and what he chose to retain‚ in the development of Cartesian metaphysics. The central ideas of the scholastic metaphysics stemmed from Aristotle’s Hylomorphic doctrine‚ a dualistic body of principles. It was believed that all things were made up of Primary Matter and Substantial Form‚ together resulting in a complete
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Doctrine of the Separation of Powers and how it operates in Australia Political theory identifies three organs of state‚ namely‚ the legislature‚ the executive and the judiciary - legislative power to make laws; the executive power to implement and enforce the laws; and the judicial power to interpret laws and to judge whether they apply in individual cases. The principle of the separation of powers is that the three powers of government should be held by separate bodies in order to prevent the tyrannical
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concept of Aristotle’s virtue ethics; his “doctrine of the mean”. I will provide a detailed explanation of Aristotle’s mean‚ how it is meant to be applied when making decisions‚ provide arguments from various sources that agree with the main concept of the “doctrine of the mean” and with all of the information gathered‚ I will prove that this doctrine is extremely useful to people when it comes to making moral decisions in life. To begin with‚ Aristotle’s doctrine of the mean is an essential concept of
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the United States pursued a nationalistic foreign policy while still maintaining peace. Throughout the presidential administration of James Monroe‚ many treaties‚ agreements and doctrines were established directly with or directed to European monarchs. The Rush-Bagot Agreement‚ the Treaty of 1818‚ and the Monroe Doctrine were just a few of these. The Rush-Bagot agreement‚ the first of the relations between foreign countries was directed to Great Brittan. This agreement established a median between
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amendment. In spite of other cases‚ a three judge federal district court rejected relief to the plaintiffs on the separate but equal doctrine announced by the court in Plessy vs Fergson. That doctrine accorded equality of treatment when the races are provided noticeable equal facilities‚ even though these facilities are separate. The Supreme Court of Delaware obeyed to the doctrine but ordered that the plaintiffs be accepted to the Caucasian schools. The adoption of the 14th amendment in1868 was the cause
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Issue #3: Monroe Doctrine. Would the League permit international interference with American privileges under the Monroe Doctrine? No. The League would have to respect the Monroe Doctrine as it was the new policy of the world and America’s child. Violating the doctrine of the most powerful nation in the League would surely be a folly on any country’s part. It was assured in the conference in Paris that the Doctrine would remain valid‚ and certainly those violated the doctrine would endure repercussions
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process of judicial precedent works‚ including the hierarchical structure of the courts‚ moving on to the advantages and disadvantages of using the doctrine. A binding precedent is created when the facts of a latter case are sufficiently similar to the facts of a previous case. The doctrine of precedent is often referred to as being a rigid doctrine. Within the court hierarchy‚ every court is bound to previous decisions made by courts higher than them. At the very top of the court hierarchy is the
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to prevent fraud to be used as an instrument of fraud’. Therefore‚ in order to prove the express trust‚ parole evidence was included‚ despite the statutory requirement of written evidence in s53(1)(b) (Penner‚ Law of Trusts). This is known as the ‘doctrine of Rochefoucauld v Boustead and it is reflected in this quote given by Lindley LJ. He is essentially declaring that equity abhors the use of statute as an instrument of fraud. The core function of the statutory formality rule is to prevent fraud
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