A legally binding contract must have good consideration for the purpose of limiting the enforceability of agreements and to avoid any ‘mistake, misrepresentation, duress or illegality’. Lush J defines consideration as ‘some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other’. In simple terms, consideration is a doctrine of reciprocity where each party must ascertain a benefit and detriment; it is ‘the price for which the promise of the other is bought’. In the Jubilee Media (JB) case, the benefit and detriment analysis will be used to determine whether the promise to pay the extra £100,000 constituted to sufficient consideration since Bobby Bodgit Ltd (BB) were already contractually bound to complete the work under the original contract or should ‘the law be…suspicious of contract modification’. General principles of consideration will also be analysed to determine whether JB is liable to pay the wages initially promised to the voice actors and engineers or whether part payment of a debt is sufficient. Consideration must move from the promisee is an important principle found in Tweddle v Atkinson where Crompton J. justifies this principle by suggesting that ‘it would be a monstrous proposition to say that a person was a party to the contract for the purpose of suing upon it for his own advantage’. In the case of JB, the consideration moved from BB, the actors and the engineers as they were providing their services to JB. So there is consideration in this instance, should the actors and engineers wish to sue JB for breach of contract for only partly paying their wages, there is likeliness their claim would succeed. C... ... middle of paper ... ...ir promise by agreeing to pay BB a further £100,000. Lady Justice Arden also enforced the principles of the High Trees case in Collier v P & MJ Wright Ltd as she states that ‘a debtor may be able to show that the right to recover the debt is not merely postponed but extinguished’. In Conclusion, the first issue is regarding whether or not Jubilee Media is liable to pay Bobby Bodgit Ltd an extra sum of £100,000 in order to complete the work on time. It is found that there is a practical, if not legal, benefit to Jubilee Media which is of completing and airing the documentary as well as not being sued by the advertisement companies he has already contracted with. The second issue is regarding part payment of a debt to the voice actors and engineer, principles of part payment and promissory estoppel clarify that they can not claim the payments initially promised.
Equuscorp launched proceedings in the Supreme Court of Victoria against each of the respondents. Equuscorp’s claims were for “loss and damage” for breach of the loan agreements and for money had and received. The trial judge dismissed Equuscorp’s contractual claim in all eight cases and upheld the restitution claim in two cases. The respondents appealed this decision in the Supreme Court of Victoria’s Court of Appeal. In this appeal, the majority held that the trial judge erred and that Equuscorp was not entitled to restitution. Equuscorp appealed against the decision of the Court of Appeal in relation to the three respondents. Its grounds for appeal included that the Court of Appeal erred in deciding: a) that Equuscorp was not entitled to restitution for the unenforceable loan agreements; b) that it was not unjust for the respondents to keep the amounts pursuant to the unenforceable loan agreements; and c) that restitution was not assigned as a right or remedy to recover the amounts under the unenforceable loan agreements.
The High Court focused primarily on the nature of the employment relationship between Vabu Pty Ltd and its cour...
The scenario I have been given highlights the main complexity of contract law. It touches on issues such as unilateral contracts, revocation as well as advertisement. I will be advising Mick (claimant) answering: Whether Yummy chocolate is liable to give a year supply of chocolate as advertised?
Had Mr Virgo disclosed all information to the Amadio’s, especially when Mr Amadio made the statement which suggested he was not properly informed of the terms of the mortgage, and the Amadio’s understood everything, they would not have been able to take to court the Commercial Bank of Australia on the grounds of unconscionable conduct. The fact that their ‘special disadvantage’ was exploited gave passage for them to receive equitable relief for unconscionable
...ncil from reading 1, in this case we see a London council attempting to fulfill an inpractical fee reduction on orders from Government. Both asides are held to account.
Andrews N, Strangers to Justice No Longer: The Reversal of the Privity Rule under the Contracts (Rights of Third Parties) Act 1999 (2001) 60 The Cambridge Law Journal 353
Having evaluated the current state of English contract law, mainly made up of piecemeal solutions, it can be seen that despite being satisfactory and doing its job, there still remain gaps within the law of contract where unfairness is not dealt with. Moreover, due to the ad hoc nature of those piecemeal solutions, the latter have often produced inconsistent justice and have manifested cases of unfairness. Hence, “a relatively small number of respected Justices have endeavored to draw attention to the fact that the application of a general principle might be useful and even necessary in English law.”
Civil Rights were rights guaranteed by the bill of rights, and the rights of citizens to political, social equality and social freedom. The rights were also established by the 13th and 14th amendments. There were so many civil rights leaders in history. Civil rights leaders wanted to get their message across the nation fast. Media was one of the ways that helped get their message across the nation. Media can be associated with so many things. Media could be a newspaper or a magazine. Media could also be a television or a radio. Media had a huge impact on the whole civil rights movement in so many different ways. The media helped develop Civil Rights in the United States by allowing people to view discrimination first hand, and attracted people to the Civil Rights Movement.
The Hidden Relationship Between Government and Media Rather than being a neutral conduit for the communication of information, the U.S. media plays an intricate role in shaping and controlling political opinions. Media is extremely powerful in the sense that without an adequate functioning media, it is virtually impossible for a sophisticated social structure like the U.S. Government to exist. Henceforth, all known sophisticated social structures, have always been dependent upon the media’s ability to socialize. The U.S. government generally exploits the media, often times manipulating the enormous power of the printed word. Ultimately empowering the U.S. government, strengthening it with the ability to determine and control the popular perception of reality.
It appears that, we might do well to heed Lincoln’s advice to lawyers – “"Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often the real loser - in fees, expenses, and waste of time.”
I chose brief 3 and wanted to make a website and a poster of my artist. I chose brief 3 because i am quite passionate about music since a very small age. I also did the music as my GCSE option in Year 9 which gave me a lot of ideas about the music industry and how things function there. I took these skills and knowledge that I have learnt as an advantage. Also, being fans of various artists and visiting concerts inspired me to use my all-time dream to create my own singer and make it realistic.
Reality for most people, is what they “assume exists independently of any concept or representation”. (Grossberg, 1998:184) That’s “reality” to us, no second thought about it. Fiske says that reality “is the product of that culture’s codes”; (1987:4) meaning, that our society presents us with “a collection of material facts, that we can accurately perceive”. (Grossberg, 1998:185) The concept that the material facts have to be collected is peculiar. It implies that a negotiation between the public and reality has taken place, that someone, had to decide what was to be collected, and what was to be deserted.
The purpose of the media has become an ongoing question since the large amount of conflicts between the consumer and media. Why is the original purpose of the media so damn hard to figure out? It is time to confront this issue instead of blowing it off by saying, "We can never change the media, so why bother?" What kind of chickenshit statement is that?! If there are so many people with so much power, surely one of them realizes the downward spiral of the ethics of the media.
The case of R v Hughes will be used throughout this essay to supplement ...
Media imperialism is a specific way of discussing cultural imperialism and in order to define media imperialism we must understand cultural imperialism. Essentially, it’s described as a theory based upon over-concentration of mass media, from larger nations as an important variable which affects smaller nations in negative way. These nations have lessened because of media control from Western countries. As media imperialism is a sub-category under the broader of heading of cultural imperialism the dependency raised due to the global media system, which results in what is known as media imperialism– which is a highly debated concept amongst sociologists. There are two known models of media imperialism, the 'Schiller one ' which is focused on the media dominance by the UK, France, and U.S. And the alternative model; which is the 'generic model ' initially developed in Europe stating the great influence of media expansion of media powers, and unlike Schiller It recognises the multidimensionality of media forms (Thussu, International Communication: A Reader, 2010)