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Offer And Acceptance Analysis Formula
The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been weakened by developments in the law of estoppel, misleading conduct, misrepresentation and unjust enrichment.OfferThe nature of an offerAn offer is an expression of willingness to contract on certain terms, made with the the intention that it shall become binding as soon as it is accepted by the person to whom...
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Purchaser Register Property
Overriding interests are a major hazard for any purchaser of a registered title. Such interests do not appear on the register, yet a purchaser is bound by overriding interests affecting the title purchased whether he knew about them or not. Chhokar v Chhokar and another [1984] FLR 313In this case, a husband, who was seeking to deprive his wife of her equitable interest in the matrimonial home, completed the sale of his property to his accomplice while his wife was in hospital. The husband than...
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Contract should be fully consensual and voluntary
Helen is a real estate agent and Joan is a 20 year old woman. Helen sells a block of land which was “zoned for light industrial” to Joan. Helen intends to start her printing business which is considered “light industrial” in this land. At the inspection Helen confirms with Joan that the property is zoned for light industrial and Helen also said that it is perfect for Joan’s business plans. That afternoon, Joan offers to buy the property for the listed price. The...
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Law of restitution
Introduction There is no doubt that the purpose of the law of restitution is to prevent unjust enrichment. However, some scholars argue that the normative basis for mistaken transfer should be corrective justice. It is fiercely argued by Saprai that corrective justice cannot be the normative basis for the whole field of restitution, but could only be the basis for wrongdoings. Moreover, as regards unjust enrichment, Krebs and Burrows hold similar points of view to Dannemann, and with regard to...
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Land Law Templeman
Module Title: Land Law Explain the circumstances that lead Lord Templeman to make this comment, the principles established in this case and how the law has developed subsequently.The doctrine prior toStreet was laid out in several cases and in particular by Lord Denning. InAbbeyfield (Harpenden) Society Ltd v Woods, it was held that 'The modern cases show that a man may be a licensee even though he has exclusive possession, even though the word rent is used, and even though the word tenancy is...
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Term paper of mercantile law
To achieve the zenith of cultural excellence and prepare generations to meet future challenges The YSN School is regarded as the hallmark of educational excellence besides carrying the Indian philosophy. Introduction About Firm Rights And Duties Of A Partner Rights Every partner has a right to take active part in the management and administration of the firm. The books of accounts of the firm must be kept at the principal lace of business and every partner has a...
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Doctrine of privity and rules of consideration
The general rule under the doctrine of privity is that someone not a party to a contract cannot be liable under it nor benefit from it.The relationship the privity rule has with the rules of consideration is that under the doctrine of consideration, consideration must move from a promisee which is similar to the privity rule in the sense that only the parties in the contract who have offered consideration can benefit from the right.2) The Privity rule can be avoided in a number of...
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Do we need gender biased laws
Domestic violence is behaviour that is learned through observation and reinforcement in both the family and society. It is not caused by genetics or illness. Domestic violence is repeated because it works. The pattern of domestic violence allows the perpetrator to gain control of the victim through fear and intimidation. Gaining the victim's compliance, even temporarily, reinforces the perpetrator's use of these tactics of control. More importantly, however, the perpetrator is able to...
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Euthanasia Terminal Illness
Euthanasia: People Should Not Be Forced To Stay Alive Abstract Recently, euthanasia has become the current issue in many countries. So, this paper provides an overview and clarification of the issues. The author agrees that euthanasia should be legalized in the case of a terminal illness. In this insistence, it is giving rise to a great deal of debate. This paper introduces why the euthanasia should be legalized. Opponents of euthanasia consider euthanasia to be homicide. However, to prolong...
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The Sources Of Letter Of Credit International Law
The law of letters of credit has developed mainly through customs. As Kozolchyk explains:“Many of its operative rules, regardless of geography or legal system, have emerged from the customs of the bankers dealing with importers and exporters, and with shipping and insurance companies”[1].Today, the International Chamber of Commerce embodied these customs in the Uniform Customs and Practice for Documentary Credits (UCP).Banks in most cases subject their letter of credit to the UCP,...
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