...Negligence Assessors: Abu Zaman Student: Sulaiman Adebakin According to the case of Carlill v Carbolic smoke ball co [1893] Q.B 256 Alice has made what can be defined as offer. An offer is an ‘an expression of a willingness to be bound by the terms of the offer should the offer be accepted’. The claimant has advertised publicly products she is selling and the conditions that need to be met in order for acceptance to be valid. This shows an objective intention to enter into a binding agreement. Sincerity was shown in the Carlill case as the defendant had deposited £1000 with the alliance bank. Therefore one could say Wendy has shown her sincere intention by stating her contact details in the advert. Bowen LJ allows us to be aware within the Carlil case that it is possible for an offer to ‘be made to the world at large’ as the claimant has done. Conversely an invitation to treat will allow room for negotiation such as in the case of Fisher v Bell [1953] 1 All ER 482, CA. Within this case the defendant was said to be offering flick knives for sale. This was a statutory offence under the Restriction of offensive weapons Act 1959. The divisional court came to this decision that no offence had been committed as there was no obligation for the shopkeeper to sell the item neither was the customer obliged to buy it. This approach was later taken in Partridge v Crittenden [1968] 2 All ER 421, HC QBD; although the appellants were convicted for ‘offering for sale’ it was later quashed on appeal...
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...Gye (1853) 2 E & B 21: Lumley v Gye is a foundational English tort law case, heard in 1853, in the field of economic tort. It was held that a person may claim damages from a third person who interferes in the fulfillment of a contract by another. Having the same facts is Lumley v Wagner, where Mr. Lumley successfully secured an injunction from Ms. Wagner against performing for Mr. Gye further. Frederick Gye, who ran Covent Garden Theatre, induced the singer Johanna Wanger to break her contract with Mr. Lumley and promised her to pay more. Though an injunction was issued to stop her singing at Covent Garden, Gye persuaded her to disregard it. Lumley hence sued Gye for damage of the income he had lost. Crompton J held that Lumley could claim damages from Gye. He said that though according to the general law is there is no action, by then it was clear that a claim lay for wrongfully and maliciously enticing a person to break their contract with...
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...contracts. a) Bilateral contract It will happen when made between two or more parties where the parties have been identified and can be determined. b) Unilateral contract This contract may be made by one party to the public in any of the other unidentified. For example, such as advertisements in the newspapers addressed to the public. 1.3 Forms of Contract Contract may be made orally or in writing. Contracts made orally are contracts that are made through our words or actions of the parties involved. This type of contract is difficult to prove in the event of a default or breach of contract. However, this method is binding in law. As provided for in Section 9 of the Contracts Act 1950, the contract may be made orally. In the case of Syed Jaafar vs Maju Mehar Travel Sdn Bhd, court held that the oral contract is binding between the two parties who agree to pay commissions to Syed Jaafar when he managed to get as many pilgrims to Mecca. The court ruled that the oral agreement...
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...Checkpoint Contents Federal Library Federal Source Materials Federal Tax Decisions American Federal Tax Reports American Federal Tax Reports (Prior Years) 2002 AFTR 2d Vol. 89 89 AFTR 2d 2002-966 (240 B.R. 216) - 89 AFTR 2d 2002-783 SKLAR v. COMM., 89 AFTR 2d 2002-808 (282 F.3d 610), Code Sec(s) 170; 6103; 6104; 6651, (CA9), 02/27/2002 Notes Top of Form [pic][pic][pic][pic][pic]Saturday Feb. 09, 2013 2:32 PM CST Folder: My Folder sklar Bottom of Form American Federal Tax Reports SKLAR v. COMM., Cite as 89 AFTR 2d 2002-808 (282 F.3d 610), 02/27/2002 , Code Sec(s) 170; 6651 Michael SKLAR; Marla SKLAR, PETITIONERS-APPELLANTS v. COMMISSIONER of Internal Revenue, RESPONDENT-APPELLEE. Case Information: |Code Sec(s): |170; 6651[pg. 2002-808] | |Court Name: |U.S. Court of Appeals, Ninth Circuit, | |Docket No.: |Docket No. 00-70753, | |Date Decided: |02/27/2002. | |Prior History: |Tax Court, (2000) [pic]TC Memo 2000-118,[pic] RIA TC Memo ¶2000-118, [pic]79 CCH TCM 1815 (opinion by | | ...
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...Formation of a Contract 3 Consideration and Promissory Estoppel 1. CONSIDERATION In general, agreements or promises are contractually binding in English law only if supported by consideration. The requirement of consideration means that each party must receive or be promised something in return for giving or promising something. Consideration is, therefore, the legal description of the element of exchange and its practical effect is to ensure that gratuitous promises are not binding whereas bargains are. So if A promises B £1000, B cannot enforce that promise because B has provided no consideration (nothing in exchange) for it. It is traditional to define consideration as a benefit to the promisor or a detriment to the promisee. So in Currie v Misa (1875) LR 10 Ex 153, 162 Lush J stated, ‘A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility, given, suffered, or undertaken by the other.’ This definition can be misleading unless one emphasises, in line with the need for an exchange, that the detriment to the promisee must be requested by the promisor. So if A promises B £1000 and B, in reliance on receiving that money, buys a car, that may constitute detrimental reliance by B but B has not thereby provided any consideration for A’s promise. In contrast, if A promises B £1000 in return for B’s car (ie A requests the car), B’s transfer of the car...
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...ADMINISTRATIVE LAW INTRODUCTION Administrative law refers to the body of principles and procedures by which the exercise of executive government is controlled and supervised FOUR MECHANISMS OF ADMINISTRATIVE LAW 1. JUDICIAL REVIEW Whether the actions of the relevant public authority or official are legally correct and whether they acted within the confines of the power conferred on them or correctly exercised that power by adherence to procedures they were required to follow 2. MERITS REVIEW An independent or impartial reconsideration of all aspects of a decision by a public authority or official, the review body notionally “standing in the shoes” of the original decision maker and determining what is the correct or preferable decision 3. FREEDOM OF INFORMATION Provides the public at large with rights of access to government held information 4. OMBUDSMAN REVIEW Independent investigation of complaints about incorrect or unjust executive actions by public bodies or officials particularly in other circumstances where remedies are unavailable or unsuitable IF QUESTION INVOLVES ANY OF THESE IT IS A FEDERAL TRIBUNAL ISSUE • • • • • Immigration Social Security Tax Customs and Excise Native title IF QUESTION INVOLVES THESE IT IS STATE • • • • • Land and resources management Occupational and business regulation Local government Prisons Education JUDICIAL REVIEW • Judicial review is the means by which courts determine whether or not...
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...Reardon v. U.S. 947 F.2d 1509 C.A.1 (Mass.),1991. Heard May 8, 1991. (Approx. 19 pages) [pic] Lien on real property created by CERCLA when Environmental Protection Agency (EPA) determines that property owners may be liable for cleanup costs amounts to deprivation of a significant property interest within meaning of the due process clause. Comprehensive Environmental Response, Compensation, and Liability Act of 1980, § 107(l ), as amended, 42 U.S.C.A. § 9607(l ); U.S.C.A. Const.Amend. 5. Absence of notice and hearing may be justified by exigent circumstances. U.S.C.A. Const.Amend. 5. 92k251.5 k. Procedural Due Process in General. Most Cited Cases Constitution allows the process due to be tailored to fit realities of the situation. U.S.C.A. Const.Amend. 5. *1510 Lynn Wright, with whom Robin F. Price and Edwards and Angell, New York City, were on supplemental brief, for plaintiffs, appellants. George W. Van Cleve, Deputy Asst. Atty. Gen., with whom Barry Hartman, Asst. Atty. Gen., Washington, D.C., Wayne A. Budd, U.S. Atty., George B. Henderson, II, Asst. U.S. Atty., Boston, Mass., Stephen L. Samuels, Steve C. Gold, Jacques B. Gelin, Attys., Dept. of Justice, Charles Openschowski, Office of Gen. Counsel, E.P.A. and Luis Rodriguez, Asst. Regional Counsel, E.P.A., Washington, D.C., were on supplemental brief, for defendants, appellees. OPINION EN BANC TORRUELLA, Circuit Judge. After removing hazardous substances from property belonging to the Reardons, EPA filed...
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...INTRODUCTION TO THE LAW OF CONTRACT DEFINITION A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default. CLASSIFICATION Contracts may be divided into two broad classes: 1. Contracts by deed A deed is a formal legal document signed, witnessed and delivered to effect a conveyance or transfer of property or to create a legal obligation or contract. 2. Simple contracts Contracts which are not deeds are known as simple contracts. They are informal contracts and may be made in any way – in writing, orally or they may be implied from conduct. Another way of classifying contracts is according to whether they are “bilateral” or “unilateral”. 1. Bilateral contracts A bilateral contract is one where a promise by one party is exchanged for a promise by the other. The exchange of promises is enough to render them both enforceable. Thus in a contract for the sale of goods, the buyer promises to pay the price and the seller promises to deliver the goods. 2. Unilateral contracts A unilateral contract is one where one party promises to do something in return for an act of the other party, as opposed to a promise, eg, where X promises...
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...INTRODUCTION TO THE LAW OF CONTRACT DEFINITION A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default. CLASSIFICATION Contracts may be divided into two broad classes: 1. Contracts by deed A deed is a formal legal document signed, witnessed and delivered to effect a conveyance or transfer of property or to create a legal obligation or contract. 2. Simple contracts Contracts which are not deeds are known as simple contracts. They are informal contracts and may be made in any way – in writing, orally or they may be implied from conduct. Another way of classifying contracts is according to whether they are “bilateral” or “unilateral”. 1. Bilateral contracts A bilateral contract is one where a promise by one party is exchanged for a promise by the other. The exchange of promises is enough to render them both enforceable. Thus in a contract for the sale of goods, the buyer promises to pay the price and the seller promises to deliver the goods. 2. Unilateral contracts A unilateral contract is one where one party promises to do something in return for an act of the other party, as opposed to a promise, eg, where...
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...Contract Remedies for Breach of Contract and Quasi-contract Agency PAGE 2-10 11-22 23-34 35-49 50-62 63-72 73-81 82-99 SALES OF GOODS ACT Sales of Goods Act CONSUMER PROTECTION ACT Consumer Protection Act NEGOTIABLE INSTRUMENT ACT Negotiable Instrument Act THE PARTNERSHIP LAW The Partnership Law THE COMPANIES ACT 1956 & COMPANIES LAW 2013 Companies Act 1956: Types of Company and Its Characters 101-127 129-140 142-167 169-191 193-211 Companies Act 1956: Memorandum, Article of Association and 212-239 Prospectus Companies Act 1956: Share Capital Companies Act 1956: Meeting Companies Act 1956: Management of the Company Companies Act 2013 240-275 276-302 303-340 341-364 THE CYBER LAW 2000 & AMENDMENTS IN 2008 CASES 0 MODULE-1 INDIAN CONTRACT ACT 1872 Chapters 1. Nature and Kind of Contracts 2. Offer and Acceptance of an Offer 3. Capacity of Parties and Consideration 4. Void Agreement and Contingent Contract 5. Performance of Contract 6. Discharge of a Contract 7. Remedies for Breach of Contract and Quasi-contract 8. Agency 1 The Indian Contract Act 1872: Nature and Kind of Contracts Learning Objectives In this chapter, students will come to know What is an agreement and a contract? What are the essential elements of a contract? Types of contracts. 1.1 SCOPE OF THE ACT The Indian Contract Act was passed and implemented to control various kinds of commercial and business contracts. The preamble of the Contract Act states...
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...to ensure they are following the correct program map. i Message from President Tim McTiernan I am delighted to welcome you to the University of Ontario Institute of Technology (UOIT), one of Canada’s most modern and dynamic university communities. We are a university that lives by three words: challenge, innovate and connect. You have chosen a university known for how it helps students meet the challenges of the future. We have created a leading-edge, technology-enriched learning environment. We have invested in state-of-the-art research and teaching facilities. We have developed industry-ready programs that align with the university’s visionary research portfolio. UOIT is known for its innovative approaches to learning. In many cases, our undergraduate and graduate students are working alongside their professors on research projects and gaining valuable hands-on learning, which we believe is integral in preparing you to lead and succeed. I encourage you to take advantage of these opportunities to become the best you can be. We also invite our students to connect to the campus and the neighbouring communities. UOIT students enjoy a stimulating campus life experience that includes a wide variety of clubs, cultural and community events. We are proud of our outstanding recreational...
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...Contents Preface to the First Edition Introduction Part 1. Thought Control: The Case of the Middle East Part 2. Middle East Terrorism and the American Ideological System Part 3. Libya in U.S. Demonology Part 4. The U.S. Role in the Middle East Part 5. International Terrorism: Image and Reality Part 6. The World after September 11 Part 7. U.S./Israel-Palestine Notes Preface to the First Edition (1986) St. Augustine tells the story of a pirate captured by Alexander the Great, who asked him "how he dares molest the sea." "How dare you molest the whole world?" the pirate replied: "Because I do it with a little ship only, I am called a thief; you, doing it with a great navy, are called an Emperor." The pirate's answer was "elegant and excellent," St. Augustine relates. It captures with some accuracy the current relations between the United States and various minor actors on the stage of international terrorism: Libya, factions of the PLO, and others. More generally, St. Augustine's tale illuminates the meaning of the concept of international terrorism in contemporary Western usage, and reaches to the heart of the frenzy over selected incidents of terrorism currently being orchestrated, with supreme cynicism, as a cover for Western violence. The term "terrorism" came into use at the end of the eighteenth century, primarily to refer to violent acts of governments designed to ensure popular submission. That concept plainly is of little benefit to the practitioners of state terrorism...
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...62118 0/nm 1/n1 2/nm 3/nm 4/nm 5/nm 6/nm 7/nm 8/nm 9/nm 1990s 0th/pt 1st/p 1th/tc 2nd/p 2th/tc 3rd/p 3th/tc 4th/pt 5th/pt 6th/pt 7th/pt 8th/pt 9th/pt 0s/pt a A AA AAA Aachen/M aardvark/SM Aaren/M Aarhus/M Aarika/M Aaron/M AB aback abacus/SM abaft Abagael/M Abagail/M abalone/SM abandoner/M abandon/LGDRS abandonment/SM abase/LGDSR abasement/S abaser/M abashed/UY abashment/MS abash/SDLG abate/DSRLG abated/U abatement/MS abater/M abattoir/SM Abba/M Abbe/M abbé/S abbess/SM Abbey/M abbey/MS Abbie/M Abbi/M Abbot/M abbot/MS Abbott/M abbr abbrev abbreviated/UA abbreviates/A abbreviate/XDSNG abbreviating/A abbreviation/M Abbye/M Abby/M ABC/M Abdel/M abdicate/NGDSX abdication/M abdomen/SM abdominal/YS abduct/DGS abduction/SM abductor/SM Abdul/M ab/DY abeam Abelard/M Abel/M Abelson/M Abe/M Aberdeen/M Abernathy/M aberrant/YS aberrational aberration/SM abet/S abetted abetting abettor/SM Abeu/M abeyance/MS abeyant Abey/M abhorred abhorrence/MS abhorrent/Y abhorrer/M abhorring abhor/S abidance/MS abide/JGSR abider/M abiding/Y Abidjan/M Abie/M Abigael/M Abigail/M Abigale/M Abilene/M ability/IMES abjection/MS abjectness/SM abject/SGPDY abjuration/SM abjuratory abjurer/M abjure/ZGSRD ablate/VGNSDX ablation/M ablative/SY ablaze abler/E ables/E ablest able/U abloom ablution/MS Ab/M ABM/S abnegate/NGSDX abnegation/M Abner/M abnormality/SM abnormal/SY aboard ...
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