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Question The purported basis of the doctrine of mistake is that contracts within law are about agreement, consensus ad idem, when which all parties involved have a uniform understanding of the terms to the agreement, such comprehension is crucial to maintaining a valid contract. The doctrine of mistake is a grounds for setting aside a contract, the term “mistake”, in a legal context retains a much narrower sense than in common usage. With this however not every mistake renders a...
After critically analyzing and evaluating above facts we can identify what is the essence of the British constitution. Is it the unwritten nature of the British Constitution? Or whose dominant characteristic is the sovereignty of Parliament?The term Constitution is defined in many ways by various professors, philosophers and Constitutional scholars. It basically means set of rules to govern citizens within a state. Finer has defined Constitution as:“Codes of rules which aspire to...
Date of judgment: 9 July 2008In January 2003, Transfield Shipping Inc of Panama (Transfield) chartered The Achilleas[2]from the Mercator Shipping Inc of Monrovia (Mercator) for five to seven months[3]. The charter establishes the duty of Mercator to supply the crew and maintain the operation of the vessel while Transfield is responsible for the commercial operation of the vessel[4]. In September 2003, both parties agreed to extend the charter to a further five to seven months and set the date...
The European Union law and its powers derived from a series of treaties created by the member states, and these treaties indebted them to give effect to the community law that generally is binding upon the domestic law of the member states1. Generally EU Law can only utilize its proper power within the members of European Union. However the European council, which encompasses the heads of the EU states, can resolve matter dealing with foreign policy, economic, and human rights among...
Introduction With the approach of the TRIPS deadline, the pharmaceutical industry in India was gearing up to face new challenges. The product patent regime is no longer the challenge—it is a reality that the Indian pharmaceutical industry had to accept. The new set of challenges stemmed from the deeper implications of the imminent product patent regime. With the exception of a few, most Indian pharmaceutical companies were unfamiliar with the nuances of complex patent prosecution strategies. ...
Scope The scope of this compliance program is providing protection to employees from the excessive exposure of occupational noise in accordance with federal regulations 29 CFR 1910.95. Purpose The forestalling of occupational hearing loss is the principal goal for this program. Definitions Action Level - The level of exposure from a potentially hazardous source which requires the development of a hearing control program and employee hearing monitoring.dB - The preferred unit for the...
they are entering into a contract if they can prove that they have disability or they are of unsound mind at that time they enter into the contract, the contract is voidable if he was not aware of the nature of the contract at the time he enter into the contract. Also people that have one form of depression are not capable of entering into a contract.STANDARD FORM CONTRACTSIt is also known as contract of adhesion. This type of contract is legally binding agreement of two or more people who...
Introduction Government contracts have assumed great importance in today's day and age. Today the state is a source of wealth. As a democracy with social welfare on its high priority list, government's economic activities are expanding and the government is increasingly assuming the role of the dispenser of a large number of benefits. The government earns its income mainly through taxes, which it invests in social welfare. The government also owns stake in many public companies. Today a large...
Human trafficking is occurring in countries within The Asia-Pacific region. As described by many scholars these countries include developing countries such as Indonesia (for example, see Wright cited in Latifa and Noveria, 2010). Some of the reasons behind the increasing rate of human trafficking are economic opportunities, which come from cheap workers. Indraswari cited in Jakarta Post (2010), indicates that from two to four million of women and children trafficked every year worldwide, it is...
Introduction An ongoing debate in international human rights law concerns the universality of human rights treaties versus their integrity. The use of reservations and unilateral declarations by states, while apparently encouraging the universality of human rights treaties, has also created ‘a feeling of unease' among human rights activists and jurists considering the ‘indivisible and interdependent nature of the rights set out in such treaties'. The question here, therefore, is to...