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A contract is between two parties, an offeror and an offeree. If a contract is to be enforceable, it must have all the required elements such as offer, acceptance, consideration, intention to enter into legal relations, etc. The issue of this case is to determine whether there was a contract between Bob and Jack and if there was one, who was in breach of the contract.Bob has a boat that he wants to sell and has been negotiating with Jack for a few weeks. Bob negotiated with Jack to sell his...
Introduction The acquisition and formation of states is a very important topic in international law, as states are generally considered as the main subject in the international legal system. The quest for a suitable definition of a state as a person of international law has largely raised the idea of recognition in the international legal system.The world war era marks the period where many territorial entities struggled for independence and to achieve statehood. The need for criteria for...
Any agreements enforceable by law are a contract in a sense. However, not all agreements are contract which are not enforceable by law.The conceptual meaning of a contract can be defined as “the sum of all transaction and interaction that have taken place between two parties both before and after the actual award of a contract.” (Saxena, 2008, p. 5) A contract thus consists of an actionable promise. Every such action promises involves two parties consents, and the intention is to...
Abstract The law of extradition governs the relations between two sovereign States over the question of whether or not a given person should be handed over by one sovereign State to another sovereign State. Coordination and cooperation required among the law enforcement personnel, prosecutors, and other government officials of two states in the process of Extradition often helps countries avoid international tension and diplomatic crisis. Even though bilateral and multilateral treaties...
Two major international conventions, the Maritime Labour Convention 2006 and the Convention on Standards of Training , certification and watch keeping 1978 as amended (STCW) are aimed at the human element in maritime operations.Critically discuss the extent to which these two conventions compliment the international Safety Management (ISM) code in addressing the reduction of maritime operational risk.IntroductionOperational risks associated with all maritime operation have very significant...
The World Trade Organization (WTO) was established in 1995 and is the principal international organization governing world trade. It has 149 member countries, representing over 95% of world trade. It was established as a successor institution to the General Agreement on Tariffs and Trade (GATT) which was a post-World War II institution intended to promote nondiscrimination in trade among countries with the view that open trade was crucial for economic stability and peace (Fergusson, 2006).From...
Introduction Common Property Resources are usually non-exclusive resources to which rights of use are distributed among a number of co-owners, generally identified by their membership in a community or a village. In the context of Indian villages, common property resources include community forests, common grazing grounds, tanks and their beds, foreshores, threshing grounds, rivers and riverbeds, where well-defined property regime may not exist. Common property resources are those resources...
A life is worth when the person makes the most of it. The idea of medical futility derives its base from this fact. According to contemporary medical practice, when physicians conclude; either through personal experience or consideration of published data, that in last 100 cases the medical treatment has been useless and cannot end patient’s dependence on intensive medical care, a physician can regard that treatment as futile (Tonelli, 2007). Interventions that only succeed in prolonging...
Establishing negligent infliction of emotional distress as a cause of action for filing a tort case has met with several criticisms. In Boyles v Kerr, the majority opinion held that “…An independent cause of action for negligent infliction of emotional distress would encompass conduct far less outrageous than that involved here, and such a broad tort is not necessary to allow compensation in a truly egregious case such as this..” Thus negligent infliction of emotional...
“The Laws Of Nation States Do Not Apply To The Internet.” Discuss This Statement With Reference To Jurisdiction. In seeking to discuss the statement that “The laws of nation states do not apply to the Internet” it is necessary to seek to evaluate this statement with reference to matters of jurisdiction and through consideration of relevant court decisions as part of this essay. With this in mind, this essay will look to provide an introduction to the issue under...