Based on the Sita’s case, we can relate the case with free consent under the law of contract because there are elements of free consent such as coercion and undue influence. The definition of consent for the purposes of the sexual assault offences and for greater certainty sets out specific situations that do not constitute consent at law according to section 273.1 and the subsection of the 237.1(1) consent is defined as the voluntary agreement of the complaint to engage in the sexual activity in question.
Free consent is one of the essential elements of a valid contract. All agreements are contracts if they are made by the free consent of parties. Parties to a contract may agree upon the same thing in the same sense, and along with the same,
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So Sita might in undue influence during make the decision. Section 16 of the Contracts Act 1950 has stated that the doctrine of ‘undue influence’ is a development of equity to cover cases of particular relations and is sometimes used as a comprehensive phrase to include cases of coercion, domination or pressure within or without those special relations. The 3 matters are to dealt with under section 16 (3) of the Act said such as the relationship between the parties to each other must be such that one is in a position to dominate the will of the other, the issue whether the contract has been induced by undue influence, and the burden of proving that the contract was not induced by undue influence lies upon the person who was in a position to dominate the will of the …show more content…
There is nobody that influences her to make a decision. Based on the article, her husband just brought his bank manager to their house because want her to sign a document which guaranteed the bank loan. Sita was still doubtful about it and she asked the bank manager. The bank manager just can consult her as financial consultant or lawyer for the advice. For her she felt that there could be little danger of her home being put at risk as the economy might start to recover after Deepavali. On this content, it shows that Sita is overthinking by herself and made her decision by her own without undue influence from her
Whether oral or written, the contract must manifest a mutual intent to be bound expressed in a manner capable of being understood, and include a definite offer, unconditional acceptance and consideration.” (Express Contract 2016) The above definition is a much clearer explanation with key elements outlined; 1. mutual intent, 2, expressed in a manner capable of being understood, 3. definite offer, 4. unconditional acceptance and 5. Consideration.
Sexual assault is the act of sexual intercourse without consent of the other person according to the New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31). It has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting the individual on the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of the community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010).
existent within the unwanted advances adds another reason as to why this is explicitly rape and
In the article, “The Sexual Contract, by Carole Pateman discusses the social contract that affects the legal system and how society treats each
According to RAINN, (2009) approximately 10 per cent of all victims of sexual assault and abuse are adult and juvenile males. In terms of the nature of assault, real figures include a compendium of reported incidents ranging from unwanted sexual touching to forced penetration. To qualify this statement, it must be understood that the percentage does not reflect a vast number of crimes that go unreported due to issues that will be discussed in the present paper.
ABSTRACT: A commonly accepted criticism of the social contract approach to justifying political authority targets the notion of hypothetical consent. Hypothetical contracts, it is argued, are not binding; therefore hypothetical consent cannot justify political authority. I argue that although hypothetical consent may not be capable of creating political obligation, it has the power to legitimate political arrangements.
The Ramayana is the most famous and well-known of all Indian epics, originally based on an epic poem it has taken many variations and forms over the centuries. Traditionally the story centers on the hero Prince Rama, who is the embodiment of virtue and perseverance, as he is wrongfully denied his birthright of being crowned king and instead is unjustly exiled into the forest where he encounters his fair share of dilemma. In R. K. Narayan’s condensed, modern version of The Ramayana the classic conflict of duality is a predominant theme, as Rama faces many instances of uncertainty and trivial chaos which are eventually balanced by order and goodness under the laws of karmic causation and dharma alike which he virtuously strives to uphold. Nina
The definition of sexual assault was recently brought into question after a story was released in which a woman, anonymously, accused actor and comedian Aziz Ansari of sexual assault. The woman, dubbed “Grace,” accused Ansari of ignoring her “non-verbal cues.” There are two big issues with this story. The first being that “non-verbal cues” is quite ambiguous and, in many states, is not a clear rejection of sexual intercourse. To be charged with sexual abuse in New York, where the incident occurred, state law requires that the victim did not “expressly or impliedly acquiesce in the actor’s conduct” meaning the accuser must either clearly state or imply they do not want to participate. Based on this definition, Ansari could, arguably, be guilty of sexual abuse in the third degree. One could also argue, however, that by not saying no Grace implied “acquiesce.” He could not, however, be guilty of rape, which requires the victim to clearly state lack of consent. This is the second issue. Grace willingly engaged in sexual activity. While many people chalk this up to a “bad date” others believe it to be sexual assault. This story is an example of vertical concept creep. The differing degrees of sexual assault make it difficult to distinguish exactly what Grace is accusing Ansari
In January 2011, while in the midst of going through physiotherapy for her neck and lower back symptoms, a young woman alleges that she was digitally raped by the accused, who is a qualified physiotherapist. The accused admits that he inserted his finger into her vagina but proclaims that the act was reasonable for diagnostic mean and her consent was received before such procedure was carried out. The accused was charged under rape as provided under section 48 of the Criminal Law Consolidation Act (CLCA) 1935. Rape consists of three elements and all of them must be fulfilled by the prosecutor.
Sexual abuse includes any sexual act in which one person has not agreed to it. A woman can be sexually abused by means of, but not limited to force, coercion, blackmail, threat, or embarrassment. Sexual abuse may occur when a woman is forced to perform, watch, or in any other way engage in sexual acts. This includes but is not limited to vaginal, anal and oral sex, fondling, touching, disrespect of privacy, such as showering, being forced to watch pornography or view pornographic pictures, being forced into sexual poses, or being verbally abused in a sexual manner (Morris and Biehl 36, Haley 14).
Great books are epic because they are they was retold in many ways from the 300 BCE. They are retold in very forms in different languages and media. Retelling in different languages and media makes it understandable for different audiences for example, Ramayana has been rewritten by R.K Narayan in a short prose manner from the original 24000 verses from 7 kandas of Ramayana (Rao,), unlike Ramayana which had been retold in visual way, for example; the modern Bollywood version called Ravan but they changed the content and the characters in such a manner that it connects more to our situations stories. Even now, modern writers, write and direct movies which can relate to not just Indian but foreign audiences too like the short film like, “Sita
The issue of situational relativity is recognized within the article ‘No capacity to consent, judge rules in sex assault case’. The article discusses how a young woman was sexually assaulted, and how it is difficult to prove to a court that an assault took place. The article points to how the context of a given situation makes for a more difficult case to prosecute on the grounds of ethical and criminal behaviour. It is argued throughout the article that Mr. Tariq, the accused in this case, crossed the ethical line but given the elusive concept, it is an insurmountable task to come to a consensus and prosecute on legal ground due to situational relativism.
In today’s society marital rape, acquaintance rape, and stranger rape, is a huge crime all around the world. There is a difference between marital rape, acquaintance rape, and stranger rape. Martial rape is when a spouse forces you to have sexual intercourse without ones consent, and it is expected that the wife does her “duty” as a wife to have sex with her husband. An acquaintance rape is with someone that you just met, or dated in the past, or even a fiancé. Stranger rape occurs when someone that you’ve never met forces sexual intercourse upon someone without consent. Because of our patriarchal society, marital rape has become an accepted and overlooked part of society. Whether rape is a crime of sex, sexism or dominance, it is a serious crime and must not be taken lightly. The effects that it has on the individual getting assaulted are not only physical, but mentally damaging.
Law Commission accepted that there are compelling reasons due to which the concept of overriding interest cannot be abolished altogether. And denying of overriding status will contradict paramount policies. However, LRA 2002 has affected it in a number ...
The topic of marital rape, is an arduous topic due to the fact that it is a detestable act of ascendancy committed by a companion. Rape, in itself, is defined as the unlawful compelling of a person through physical force or duress to have sexual intercourse; it is deemed to be an act of possession and control versus an act of fulfilment from the individual consenting the action. So many times we hear of rape cases committed by complete strangers, or even by a trusted individual. Many people tend to think that rape happens to everyone, but according to studies women suffer more as victims that men do. In this paper, we will discuss how rape is not a crime of sex, but a crime of sexism, and how our patriarchal culture system leads to the acceptance of rape in marriage.