written law in the society It is important because rules need to be established in case someone breaks them (and people tend to). If they aren’t written‚ smooth-talkers will be able to talk their way out of punishment while less charismatic people will be punished more severely‚ and some judges will be far kinder than others (warning versus jail term). It is also harder to say "we need to punish domestic crimes more severely" when there is no set rule or punishment. Simply put‚ written laws are required
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used mainly for transporting goods on public roads. S 3(2) a person is not a consumer if the goods (regardless of price paid) are acquired: -for the purpose of re-supply or -for using them up or transforming them‚ in trade or commerce (business) in production or manufacture or -repairing or treating other goods for fixtures on land. Crago v Multiquip Pty Ltd (1998) Ostrich egg incubator is not ordinarily acquired for personal‚ household or domestic use. Atkinson v Hastings Deering
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Contract Law – Formative Assessment Alex would be suing Betty for a breach of contract. He would only succeed if he’s able to prove that a contract was in place. A contract can be defined as “a written or spoken agreement that is intended to be enforceable by law.” In order for it to be formed‚ agreement must take place and it can be broken down into two elements. Firstly‚ an offer. This can be described as an expression of willingness to contract on clear terms‚ with the intention that it will
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The action failed because there was no indication that the arrangement was intended to be a contract. .1 Difference between the Tortuous Liability and Contractual Liability. 3.1.1 Contract Law Contract law is that body of rules that govern contractual agreements between persons or merchants. Contract laws outline what a person can or cannot include in a contract‚ and what the remedies are if a party breaches their contractual duties. For example: Silva contracts with James to purchase a van for
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Sterling computer has entered into a partnership with NoBugs a microchip processing computer. The collaboration was developing into a something successful until an incident put a strain in the business relationship. Some month ago Sterling computer has had several of their computers explode shortly after customers install them. Upon an investigation which was conducted by Sterling researchers have discovered evidence of NoBugs’s microchips aggravating a dormant defect in their computers‚ causing
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a new dress‚ shoes and accessories for the date. He does not turn up and does not text you with an explanation. Can you sue him? If so‚ why? If not‚ why not? She would be unable to sue him as this is a social agreement which is unenforceable by law. Neither party has entered into a legally binding contract. Should you chose to break such an agreement‚ the consequences will be no more serious than upsetting or dissappointing your friends. This is similar to the case of Spellman v Spellman‚ in
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Smith but it cannot be enforceable by law. 09. Yes‚ Leitner’s proposal was supported by consideration because he was promised to pay 3‚500 within next 5 years‚ but his son refused to pay the partners the amount agreed on. 10. When the common object of a contract can no longer be carried out‚ the court may declare the contract has been frustrated. There are some ways of frustration. The names are given below: I. Destruction of an object‚ II. Changes of law‚ III. Failure of pre-conditions IV
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refused to carry out it. The different point is case did not have the intention to create a legal relations‚ but Anthony’s case did. Therefore‚ the previous one is not binding‚ but the latter one is binding. The second condition is about the family law‚ there are two different cases and they happened between husband and wife. The first one is Balfour v Balfour (1919)‚ it states that the husband promised to give the wife maintenance payments‚ because he worked overseas. After reaching this agreement
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Business Discussion You own University Heights Apartments‚ a business that rents primarily to students. One evening‚ your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon’s screams attract the attention of Darryl‚ your resident manager‚ who comes to Sharon’s aid. Together‚ he and Sharon drive the intruder off‚ but not before they both are badly cut by the intruder. 1. Is the intruder liable for what he has done? a. Yes
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Any Kind Checks Cashed‚ Inc. v. Talcott it was crucial to determine whether holder of the instrument acted in good faith and fair dealing‚ as is required to have status of holder in due course. The definition of “good faith” is found in Commercial Law Article § 3-103(a)(4): “Good faith’ means honesty in fact and the observance of reasonable commercial standards of fair dealing.” The court upheld a trial court finding’s that Any Kind had not acted in good faith in cashing a check for $10‚000 but
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