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A contract is an agreement which is binding and can be enforced in the courts of law. “Traditionally to concluding a contract it requires offer, acceptance and consideration. Mere silence does in general not imply acceptance of an offer. There are generally no form requirements and contracts may be formed orally, in writing or by conduct”, (Dr. Unger,).According to legal scholar Sir John William Salmond, a contract is "an agreement creating and defining the obligations between...
What Is A Will? A will is a legal declaration of a written document, which sets out how your assets and possessions are to be distributed after death. It sets out how assets and possessions include everything that is owned by you, for example land, houses, bank accounts, insurance policies, etc. Making a will is the only way that will assure all possessions and assets being will be passed on exactly how it is wished after your death. A valid will must be written or typed, with a signature at...
Negligence as a tort is a “breach of a legal duty to take care which results in damage undesired by the defendant to the plaintiff.” The elements of liability in tort of negligence can be outlined as follows. The defendant must owe the claimant a duty of care, must be in breach of that duty, and must cause loss to the claimant. The loss caused must not be too remote and must not be able to raise a defence to the claimant's action.The general principle for determining the existence...
Examine The Relationship Between Wrongful And Unfair Dismissal. Do You Consider This Is An Area Of Law That Merits Reform?To establish whether the aspects of wrongful and unfair dismissal merit reform we must first identify how the two notions have affected the law till today, and how effective the remedies are of each concept. Unfair dismissal is a completely distinctive concept first established by the Industrial Relations Act 1971 which has been modified by Section 94 of the Employment...
Q.1) With the aid of case law, discuss and apply the law of negligence to deal with Miss Fortune’s claim for compensation for her injuries.Ans. In the case mentioned in relation with Miss Fortune clearly shows that she is a victim of negligence on the part of QR Ltd. The UK legislation approach to negligent action requires a series of ingredients to be established by the party making the claim. The four key ingredients to prove negligence are;1) Duty of care2) Breach of duty3) Causation4)...
Charles has chartered a vessel to David for a voyage or ocean trip under the conditions of charter party contracts. And under this contract the ship owner has the control over vessel and it is his duty to make sure the ship is seaworthiness and can complete the journey efficiently. In this assignment we will analyze the rights and liabilities of ship owner and charter party and this will cover various issues relating to loading, unloading, laytime, demurrage and deviation.In initial stage I...
Relationship & Friendship Between Apartheid South Africa And Israel. Introduction : Israeli Apartheid Vs Security Analysing the Israeli-Palestinian conflict has demonstrated thus far to be a rather perplexing task. In the midst of the stormy sea of ambiguity, there seems to be an unsettling abundance of waves of extensively varied view points crashing down onto the paradoxical accounts of history, and utterly contrasting rationalization in relation to the root of the quandary. This paper...
Introduction and Delimitation As a part of human rights, every accused person has protected rights under international law and under Australian laws.The rights of the accused rest on the wider concept of human rights which is recognized by the different religions throughout history and developed through protracted struggle and strife culminating in their contemporary manifestation in universal declarations and international instruments of human rights as well as in national constitutions of...
This essay will look at what justifies a state to interfere with other states domestic affairs. Intervention by states can take place in many forms via military intervention, which can take the form in self-defence and humanitarian intervention. Military intervention will be closely examined in this essay as its use takes interference to a much higher level, often involving the intended loss of life. Intervention is seen as a controversial issue when looking at states sovereignty.R. J. Vincent...
In order for Telford's gifts to be valid it is first important to mention that the creation of a trust will depend on whether Telford has the right to hold and dispose of a legal/equitable interest in property. People under the age of 18years and anyone over the age of 18 who suffer from mental incapacity cannot create a trust. As we can see from the information given that Telford is certainty over 18 and was not mentally incapable so this is not a problem.For there to be a valid trust for...