Problem Question - Contract Formation and Settling Disputes a). A contract is a legally binding or valid agreement between two parties. A contract can be seen to be authentic if it includes; offer, acceptance, consideration and intent to create legal relations. As Professor Treitel describes it as ‘ contract is an agreement giving rise to obligations which are enforced or recognised by law. At first glance it may seem as if there is not a contract between Alfie and Beth, however, there is an agreement between both sides. If we look at the requirements of a contract (offer, acceptance, consideration, and intent to create legal relations), there is an offer placed by Alfie for the product, Beth accepts the offer by purchasing the product. It can also be argued that the inconvenience caused to Beth to use the head massager can be seen as consideration. Finally, the money put by Alfie in the bank account shows intent to create legal relations. As depicted by ‘Carlill v Carbolic Smoke Ball co (1893),’ even though the company may try and argue that it was making a contract with the whole world which is seen as impossible. In response to that it can be said that as the company attempted to make an offer to the whole world, it would be liable to anyone who came forward and performed the required conditions. Another argument that could be made on Alfie’s part is, the advertisement sent out to the public did not have enough information and hence, the nature of the advertisement was too vague to be a contract, be that as it may, Alfie deposited money into a separate bank account just for this and therefore can be seen as evidence of an intention to be bound. Alfie also has the option of pursuing the path of claiming that Beth had paid no ... ... middle of paper ... ...two agree. Along with that it is also a much cheaper option than going to court. If there still continues to be no success then they could try mediation. Mediation can be a bit more expensive than the normal types of alternative dispute resolution, however it would be cheaper than going to court and would be more informal. If all fails then it is possible that the two may have to resolve the dispute in a more formal way, that being the courts. The biggest downfall with court action is that, it is very expensive, starting with fees right from the starting of the procedure to the end and there is also a possibility to have to pay legal fees if they lose, hence the other parties cost as well as their own solicitor. Even though it may not be the ideal route for some people to take, it may be necessary for it to take place if they wish to resolve the issue at hand.
Law Personal Statement Aristotle once said" The Law is reason free from passion" meaning the Law is subjective and arbitrary, throughout my academic career I have always believed that Law is a concept which evolves from our logic and reason which are slaves from passion, it is created by what we feel is justice. This quote speaks profoundly out to me, as I passionately believe that Law is supposed to be administrated without passion or favour to either side and to fight for what’s right. As being
Law is “that portion of the established habit and thought of mankind which has gained distinct and formal recognition in the shape of uniform rules backed by the authority and power of the Government” Woodrow Wilson. Rules are established by the state and then they are controlled and run by those having legal power in the society. It consists of strict guidelines which run and correct wrong behavior in the society. Those who do not obey the law will be brought to justice and punished .Law must protect
create law. A leader must have the ability to provide for all, no matter the case. Thus, they must have the “power of many” in order to understand the will of the people. A population cannot create laws for itself without guidance from some higher power. An effective leader must be able to harness the power of many in order to create effective laws and rules for the collective good. Rousseau uses several examples of worthy leaders in order to prove that quality leadership determines fair law in Book
Statutory Law versus Common Law. How does statutory law come into existence? How does it differ from the common law? If statutory law conflicts with the common law, which law will govern? Statutory law comes into existence by Congress and the various state legislative bodies that make up another source of law. Courts develop the common law rules from the principles behind the decisions in actual disputes. Common law is the law created by judges when interpreting statutory law. If statutory law conflicts
The law of torts is the law regarding to torts and tortfeasors, which means people who commit torts.[ Nicholas J McBride & Roderick Bagshaw.2005.2nd edition.Tort Law.p.15]Tort covers subjects such as negligence, trespass, defamation, and nuisance.The purpose of the law of torts is to allocate or prevent losses that are bound to occur in the society.[ W.V.H.Rogers.1984.Winfield and Jolowicz on Tort.14th Ed.London:Sweet & Maxwell.p.1] The dominant action in torts in negligence. According to Winfield
quarrel between the understanding of God’s law versus human law, and how man can be corrupted by attempting altering God’s law. In Antigone by Sophocles, Antigone defies her uncle’s austere orders and buries Polyneices based on her perception that God’s law overpowers man’s law in all circumstances. The overall moral conflicts in the play are between Antigone and her religious beliefs about God’s law, and between Creon and Thebes’ justice system about human law. When an individual is not allowed to be
Themes of law and justice are represented in numerous variations in Franz Kafka's The Trial . Most noteworthy are the themes and relations presented in Chapter 9 of the novel. Here, the reader experiences the parable "Vor dem Gesetzt" or "Before the Law." This parable represents a social construction present almost everywhere. Human beings seek out acceptance into various societal constructions and the law is no different. Humans, and specifically Joseph K, attempt to reach a state of understanding
Introduction: Business law, likewise regularly known as business law, is made up of standards, statutes, codes and regulations that administer business connections. Those connections could be either business-to-business or business-to-shopper. Where a business has abused business law, and that violation has brought about damage, shoppers, organizations or contenders can record claims against the culpable gathering, or gatherings, in an endeavor to recuperate their misfortunes. Business law blankets a wide
series of laws to help protect the daily lives of the citizens. The government spends a great deal of time and money creating laws to ensure that potential problems are held to a minimum by limiting the chance of controversy. Unfortunately, several laws appear vague in nature and consequently create a series of problematic issues. Obscenity laws have been proven to fall into this category of question due to the fact numerous definitions exist in attempt to gauge obscenity. Obscenity laws are highly
Laws of War The term "laws of war" refers to the rules governing the actual conduct of armed conflict. This idea that there actually exists rules that govern war is a difficult concept to understand. The simple act of war in and of itself seems to be in violation of an almost universal law prohibiting one human being from killing another. But during times of war murder of the enemy is allowed, which leads one to the question, "if murder is permissible then what possible "laws of war" could there
three basic systems. There is Western law which is divided into civil law and common law. Then there is Religious law. Each country has its own unique legal system that they include variations of civil, common and religious law. Some have a combination of all three. Civil Law are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularized over the
Laws are in place for protection. Often one may look at rules and only think that it protects one side but in reality, laws exist to protect everyone involved. Whereas the initial viewing of a law seems to protect a particular demographic, the reality is that laws protect those who need to adhere to said laws as well. In the case of employees and employers as long as everyone follows the rules everyone benefits. The employers have happy employees and the employees can concentrate on work because
nature of law in order to reveal its functions in the organizations of power and to undermine the pervasive legitimating ideology in modern industrial societies known as the Rule of Law. - Professor Hugh Collins Law and economics has always been a complementary arrangement one assisting the other in the validation of keeping law and order. This may not always be beneficial for the whole but as an inevitable reality, order tends to not exist in poverty and economic decline . The rule of laws origins
society as a whole. Secular law seeks to use moral guidelines to benefit the citizens of the nation, making crimes such as theft, murder, and physical harms highly punishable. However, where do these law codes get their structure? What, before the separation, influenced these legal structures and developed society? The answer is simple, religious law. Throughout time law and religion have parallel one another. Many secular law codes share the same moral values that religious law used to unify a society
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that