Question 1 The issues: The problem is Wendy she will succeed in legal claiming the money back? The first step is to look at the agreement legal approach of offer and acceptance (James 2012). The legal agreement checklist (James 2012), firstly, the offeror has made the offer. Dave, he is the offeror to make the offer to Wendy sponsor her $3000, if she decides to complete the run”. Second, the offeree has accepted the offer, at that moment Wendy did not accept the offer immediately, that cannot be become legally obliged, but Wendy’s behaviour is interest the offer. In this case, if Dave did not change his mind and the offer has not cancelled, Wendy can accept the offer without saying anything, therefore, the parties become legally obliged (James 2012). Thirdly, they both have communicated in an unclear way, Dave …show more content…
The important thing is a statement alleged to be an offer and willingness in both parties without further negotiation (Dowler & Miles 2003, p.129). If we took this case back in today, Mrs. Carlill would much easier win her case, especially we got Australian Competition and Consumer Commission or Department of Fair Trading would research and follow these complaints (Dowler & Miles 2003, p.133). Same as Dave v Wendy case, Dave delightful to make an offer to Wendy, and hope Wendy can take the offer, just the point is Dave short of money, but Dave keeps the offer to Wendy, and also Dave need the runner the show after three days. The argument is Dave made an offer in the social agreement the court was not intended to be a contract. For example, case Balfour v Balfour (1919) (James 2012), friend and relatives cannot make contracts, the wife and husband are not legally enforceable arrangement of the court. Look back on Wendy v Dave case, they are relationship could be the only business
The Bryan v McPherson case is in reference to the use of a Taser gun. Carl Bryan was stopped by Coronado Police Department Officer McPherson for not wearing his seatbelt. Bryan was irate with himself for not putting it back on after being stopped and cited by the California Highway Patrol for speeding just a short time prior to encountering Officer McPherson. Officer McPherson stated that Mr. Bryan was acting irrational, not listening to verbal commands, and exited his vehicle after being told to stay in his vehicle. “Then, without any warning, Officer McPherson shot Bryan with his ModelX26 Taser gun” (Wu, 2010, p. 365). As a result of being shot with a Taser, he fell to the asphalt face first causing severe damage to his teeth and bruising
Chief Justice John Marshall was an intelligent man who served in the United States Supreme Court from 1801 until the year 1835. During this time, Marshall heard over 1,000 cases and wrote 519 decisions (Fox). One of the cases he heard took place in 1824, and it’s known as Gibbons v. Ogden. This case is a rather simple one, but an important one nonetheless. A problem arose when two men, named Thomas Gibbons and Aaron Ogden, found out that they were both operating steamboat ferries along the same route. These men had both received permission to operate their steamboats from two different places. Gibbons received permission from the Federal Government, while Ogden had received his from a state government. When the case reached the Supreme Court,
The case of Graham v. Connor is about DeThorne Graham a diabetic that had an insulin reaction, and was pulled over and stopped by Officer Connor. The case is important because it has set the bar when it comes to other cases and the use of force and violation of Fourth Amendment rights.
The Dread Scott decision exacerbated the debate over slavery by declaring that blacks cannot be citizens and that Congress does not have the power to prohibit slavery in the territories, which further divided the North and the South. The decision also deeply affected politics, and was one of the causes of the Civil War.
The duty of prosecutorial disclosure is one that is safely entrenched in our understanding of the legal system. The prosecution must disclose evidence that relates to the case and is favorable to the defendant. While not explicitly stated in that duty, it also means that the histories of the witnesses are available to the defense. And when police officers are called to testify at cases, their disciplinary histories come into play as a factor in their credibility. Taking all this prior information into account when addressing the dilemma of the police officer with a good record who used the department computers to look at pornography using his login information, and then lied about it only to confess when the internal investigation proved
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v. Jones, People v. McFarlin, and People v. Price to determine the outcome of Smith’s motion to be resentenced.
The duties of a police officer are to ensure that there is maintenance of public peace and order. In order to perform their duties and obligations they require certain powers, authority in order to perform their duties and this extends the power to arrest. This paper focuses on the decision of the court in DPP v Carr, the amendments on Law Enforcement (Powers and Responsibilities) Act (LEPRA) section 99 and a critical evaluation of statements made by Sentas and Cowdery.
Skinner v state of oklahoma The first case of many cases dealing with the topic of the reproductive system , the rights of an individual to have the rights to a choice in reproduction . Though Roe v Wade is the most commonly known of the Supreme Court cases regarding reproductive rights it was not the first Supreme Court case regarding this topic. Reproductive rights was in fact not Roe v. Wade , but rather this case had no element that discussed the principle of abortion or contraceptive use.Skinner V, State of oklahoma Rather this case dealt with the topic of a discipline/ punishment based forced sterilization,( the removal of the reproductive capabilities
On the 11th of June, 1982 following the conviction of a criminal offense, Robert Johnson was sentenced to two years probation. The terms of his probation included his person, posessions, and residence being searched upon reasonable request. When a search warrant was executed for Johnson’s roommate, officers testified that with enough reasonable suspicion, they were able to search Johnson’s living area as well.
Was Dred Scott a free man or a slave? The Dred Scott v. Sandford case is about a slave named Dred Scott from Missouri who sued for his freedom. His owner, John Emerson, had taken Scott along with him to Illinois which was one of the states that prohibited slavery. Scott’s owner later passed away after returning back to Missouri. After suits and counter suits the case eventually made it to the Supreme Court with a 7-2 decision. Chief Justice Taney spoke for the majority, when saying that Dred Scott could not sue because he was not a citizen, also that congress did not have the constitutional power to abolish slavery, and that the Missouri compromise was unconstitutional. The case is very important, because it had a lot
The book, Celebrated Cases of Judge Dee (Dee Goong An), takes place in China, during the Tang dynasty. The Tang dynasty took place from 618-907 CE and included both Confucian and Legalist influences. Located in the Province of Shantung, is the town district called Chang-Ping, where Dee Goong An served as the town 's magistrate. A magistrate is a judge, detective, and peacekeeper who captures criminals and is responsible for their punishments. The people of China looked at magistrates as the "mother and father" of their town. Magistrates received a large amount of respect from the people due to the amount of authority and power they had. With so many people relying on him to make their home
The Supreme Court has decided many controversial cases over the years, but the 1857 case of Dred Scott v. Sandford and the 1944 case of Korematsu v. United States stand out as grave miscarriages of justice. In Dred Scott v. Sandford, Dred Scott, an enslaved man, tried to sue for his freedom, along with the freedom of his wife and two children (Konkoly, 2006-a). However, the Court ruled that blacks were not citizens under the United States Constitution and, therefore, could not sue (Konkoly, 2006-a). In a similar case of racial injustice, Fred Korematsu, a Japanese-American man, was arrested and convicted for refusing to leave his home and enter an internment camp during World War II (Konkoly, 2006-b). Though Korematsu later appealed his conviction, the Supreme Court upheld it in a vote of 6-3 (Konkoly, 2006-b). Close analysis of the assenting and dissenting opinions in Dred Scott v. Sandford and Korematsu v. United States suggests that racism played a major role in the Supreme Court’s final rulings. This is significant because the rulings not only stripped the plaintiffs of their citizenship and civil liberties, but also revealed that the highest Court in the land is capable of egregious errors in judgment, particularly
Intention to create legal relations can be defined as follows. ‘An agreement will only become a legally binding contract if the parties intend this to be so. This will be strongly presumed in the case of business agreements but presumed otherwise if the agreement is of a friendly, social or domestic nature.’ Source (HNC unit 5 Business law course book) In determining whether the parties intend their agreements to be legally binding the court is guided by two presumptions. Parties to a domestic or social agreement do not intend to be legally bond. Parties to a business agreement intend to be legally bond. These are presumptions only and can be rebutted by sufficient evidence to the contrary. Domestic and Social Agreements Balfour v Balfour (1919) Merritt v Merritt (1976) Simpkins v Pays (1955) Business Agreements Jones v Vemons Pools (1938) Source (HNC Business law notes) One of the essential elements in the creation of a binding contract, this intention is implied by the fact that it is not expressly denied. If expressly denied (as in a so-called gentlemen's agreement) the contract may not be enforceable. Consideration {text:bookmark-start} {text:bookmark-end} If you look at a legal agreement or contract, you will generally see a phrase in the opening paragraph indicating that the parties agree on an amount of money or "other good and valuable consideration." The concept of consideration has a long history in the law, but simply means something of value. An exchange of consideration between the parties to an agreement is necessary fo...
In Krell v. Henry {1903} a plea of frustration succeeded because the court held that the common purpose for which the contact was entered into, could no longer be carried out. But in the same year for similar set of facts, the Court of Appeal decided in Herne Bay v. Hutton [1903] that the contract had not been frustrated because the "common formation of the contract" had not changed. It clearly was a policy decision which shows the reluctance of the courts to provide an escape route for a party for whom the contract ha...
The issue in this case is whether there is a legally binding contract between Roland and Bernie. The things that needs to be considered is whether there is an agreement between Roland and Bernie. If there is an offer and acceptance, then there is an existence of agreement. According to Section 2(a) of the Contract Act 1950, offer can be defines as when one person implies his/her willingness to another in order to acquire their consent. (Abdullah et al, 2011) The person who make the offer is known as ‘offeror’ or ‘promisor’. (Lee and Detta, 2009) An offer can be made in the method of orally, by conduct, writing or by the mixture of these forms. An offer must require an effective communication with offeree. The formation of contract when offeree accepted the proposal. (Dass, 2005)