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I disagree with the statement as collateral contract is defined as a contract where the consideration is the entry into another contract and co-exist side by side with the main contract. This can be between one party and a third party. A collateral contract will be in the form of unilateral contract where only one party will make a promise and that is to do something for return. Here the promise to enter in to the original agreement is the consideration of a collateral contract. A collateral...
Judicial precedent is somewhere the past decisions of the panel of judges create law for future judges to follow. This allows the rules system to be consistent: like cases treated alike, and it is just, as people can decide on a course of conduct knowing what the legal consequences will be. The practice of binding precedent within the court hierarchy and the discretion of judges to make law in the English Legal System. In context of English Legal System the doctrine of precedent means the...
Section 11. Stipulations As To Time. Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract. Section 12. Condition And Warranty. (1) A stipulation in a contract of sale with reference to goods which are the subject thereof may, be a condition or a warranty.(2) A condition...
According to the fact, Tania can sued the defendants (parties involved in Tom death (Tania Husband)) under the law of torts. The aims of the law of torts are claim monetary compensation from defendant whenever a person suffer damages/losses[1]. As an alternative way rather than criminal law, Tania can sue the defendants under law of tort and can recover reasonable damages for her and her son for future use, after the death of her husband Tom.Tania had rights to sue the defendants behalf of Tom...
If everyone were an attractive, averagely tall, heterosexual, athletic white male with a neutral religion and with no physical or mental disabilities, then discrimination would not be a concern. Unfortunately, this is obviously not the case. Workplace discrimination in the United States is not only morally wrong as well as in most cases illegal, but it can ruin the lives of the individuals affected by it through creating a hostile working environment as well as possibly costing them their jobs....
Introduction (LOC3 /AC1 & AC2) Based on the website, (http://www.investorwords.com/5004/tort.html ) a tort is a civil wrong other than a breach of contract. The civil wrong means that any wrong done by citizens or person who may be unintentional, which results to damages such as death, personal injury, property damages, nervous shock or any consequential loss. A person that suffers the damages may be able to use the tort law to get the compensation from the person that is liable for the...
Physician's Long-Term Disability Claim Against Provident Life And Unum Stands An opinion issued by the United States District Court for the Middle District of Pennsylvania in November 2009 highlights the challenges an attorney faces when a complaint for denial of disability insurance benefits involves parties from different jurisdictions. He/she must be very knowledgeable regarding insurance contract law in their state, because the laws of the state in which the contract is signed are the laws...
Since 1990 alone, 32 new countries have been created, causing the issue of state succession to become extremely relevant to the international community (Rosenberg 1). This issue addresses the definition of a state, a crucial concept to international politics and one that has serious political and social ramifications, as well as the legitimacy, longevity, and sustainability of humanitarian treaties.State succession, as defined by international law, is the process by which “the...
Question 1 Exemption clauses are terms of a contract that limit liability and allow one party not to be liable under certain circumstances for a breach of contract. Based on http://www.oup.com/uk/orc/bin/9780199299997/taylor_chap06.pdf (7 December 2009), it has been written that exemption clauses are used to allocate risk between parties. There are two branches of exemption clauses, which are the Unfair Contract Terms Act (UCTA) - the exception of business liability against consumers or other...
Alan needs to be advised with regard to the bullying he has received from his colleagues at work hearing them refer to him as 'a codger basher' and could claim constructive dismissal because of this (Waltons & Morse v. Dorrington – section 95(1)(c) of the Employment Rights Act 1996) since the constant bullying made him feel ill (Harvest Press Ltd v. McCaffrey) since every employee must not be unfairly dismissed (Employment Rights Act 1996 at section 94(1)). In addition, in view of the fact...