...contract – the words of the ad did not amount to a promise b/c: • the ad was too vague to make a contract – there was no limit as to time & no means of checking use of the ball by consumers; • the terms are too vague to make a contract- no limit as to time – a person might claim they contracted flu 10 yrs after using the remedy • No contract b/c a contract requires communication of intention to accept the offer or performance of some overt act Plaintiff’s argument is: ad was an offer they were under an obligation to fulfill because it was published so it would be read and acted upon & it was not an empty boast. • The promise was not vague - & there was consideration. Held: (Application). There was a binding contract. Carlill successful. Lindley LJ – The ad was an express promise – to pay 100 pounds to anyone who contracts flu after using the ball three times daily x 2 weeks. • The ad was not a mere puff: b/c of this statement “1000 is deposited with the Alliance Bank, shewing our sincerity in the matter” – proof of sincerity to pay • Promise is binding even though not made to anyone in particular – a unilateral offer – ie. “offers to anybody who performs the conditions named in the advertisement, and anybody who does perform the condition accepts the offer”. • The ad is not so vague that it...
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...contract – the words of the ad did not amount to a promise b/c: • the ad was too vague to make a contract – there was no limit as to time & no means of checking use of the ball by consumers; • the terms are too vague to make a contract- no limit as to time – a person might claim they contracted flu 10 yrs after using the remedy • No contract b/c a contract requires communication of intention to accept the offer or performance of some overt act Plaintiff’s argument is: ad was an offer they were under an obligation to fulfill because it was published so it would be read and acted upon & it was not an empty boast. • The promise was not vague - & there was consideration. Held: (Application). There was a binding contract. Carlill successful. Lindley LJ – The ad was an express promise – to pay 100 pounds to anyone who contracts flu after using the ball three times daily x 2 weeks. • The ad was not a mere puff: b/c of this statement “1000 is deposited with the Alliance Bank, shewing our sincerity in the matter” – proof of sincerity to pay • Promise is binding even though not made to anyone in particular – a unilateral offer – ie. “offers to anybody who performs the conditions named in the advertisement, and anybody who does perform the condition accepts the offer”. • The ad is not so vague that it...
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...did not amount to a promise b/c: • the ad was too vague to make a contract – there was no limit as to time & no means of checking use of the ball by consumers; • the terms are too vague to make a contract- no limit as to time – a person might claim they contracted flu 10 yrs after using the remedy • No contract b/c a contract requires communication of intention to accept the offer or performance of some overt act Plaintiff’s argument is: ad was an offer they were under an obligation to fulfill because it was published so it would be read and acted upon & it was not an empty boast. • The promise was not vague - & there was consideration. Held: (Application). There was a binding contract. Carlill successful. Lindley LJ – The ad was an express promise – to pay 100 pounds to anyone who contracts flu after using the ball three times daily x 2 weeks. • The ad was not a mere puff: b/c of this statement “1000 is deposited with the Alliance Bank, shewing our sincerity in the matter” – proof of sincerity to pay • Promise is binding even though not made to anyone in particular – a unilateral offer – ie. “offers to anybody who performs the conditions named in the advertisement, and anybody who does perform the condition accepts the offer”. • The ad is not so vague that it cannot be...
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...Abstract Universities and College campus are a hot topic because every year they attract and house hundreds of thousands of not always quite mature teens and young adults. The perception is that the Campus Carry Law will not be very effective and could quite possibly back fire on innocent faculty and student body members, victimizing anyone who may come in contact with one of these radically violent individuals intent on harming people. (2015) Arrigo Bruce and Acheson Austin Contemporary Justice Review, Concealed carry bans and the America college Campus. Statistically numbers are down when looking back over the past couple decades. Since 1990 there have been 143 school shooting related instances and over 450 deaths and injuries. (2006) Norton Elia and Jennifer Ansier, USA Today, Behind the Bloodshed. The very fact any person could possibly be murdered or injured by another person at any moment in America has always been known and terrifies the majority of citizens. Like many Americans I have to ask, what we can do as a Nation, one unit, to better insure the public safety of every individual. To understand this problem we must go to the root. The American System and its five sets of institutions which ultimately control American way of life. The five institutions are legal, political, economic, educational and sociocultural. All of which too often combine to leave our efforts short of progression. Introduction The issue with gun laws and the legal system have to do with the...
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...Unit Name: Aspects of Contract And 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...
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...Nick vs John This case involves an analysis of sufficiency of consideration regarding the performance of an existing contractual duty. There is no dispute with regard to the initial contract between the two parties; the key issue here is whether John can claim the bonus of $1000 from Nick. Provided the consideration has ‘something of value in the eye of the law’ to support the bargain, the courts will not concern themselves with its adequacy and the relative values exchanged. Therefore, it can be argued that if a party does, or promises to do something, which he is already bound to do, he then provides no consideration for the promise. In Stilk v Myrick, two sailors deserted during a voyage, the master promising to apportion the deserters’ wages amongst the remaining sailors if they would sail the ship home safely. The courts held that the claim for additional wages must fail since no consideration had been provided in performing the existing contractual obligation which was to get the ship home. On this basis, it can be argued that John has performed no more than his contractual duty and Consequently;, he has no sufficient consideration for the bonus money. However, a more recent “refinement and limitation” to the rule in Stilk made In Williams v Roffey Bro & Nicholls(Contractors) Ltd , has fundamentally altered our perception of the doctrine of consideration. In this case, the defendant was a firm of builders contracted to refurbish blocks of flats, the carpentry...
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...specific provisions in relevant Acts * Apply relevant Legislation to the case study, and present findings 1. To: Devindra Subject: Contract Information CC: None Greetings, I’m writing to advise you regarding any legaly bindiing contract made from the advertisemnt of the caravan. A Contract is a transaction which two or more people voluntarily enter together for the transfer of wealth, assets or services. It can be written or it can be oral. Furthermore for a contract to be valid there must be an offer for the proposed item. There are two types of offers, a firm offer which is the indication that someone is seriously prepared to contract to someone such as the case of ‘CARLILL v CARBOLIC SMOKE BALL COMPANY [1893] – Bowen LJ’, where an ordinary person reading such document would construe it to be a blatent pledge to create a contract. The other type would be invitation to treat, where the suggesting party puts forward an invitation to offer, that of which is not serious and can be taken into consideration, discussed or denied, such as in the case...
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...Consideration and Promissory Estoppel The 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...
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...depends on the shoulders of the directors and the directors are also responsible for the interests of the company as well as shareholders. Directors are basically fiduciary agents and they owe duties to the company, directors' are appointed by the company's shareholders to run the company's affairs for the benefits of the shareholders. Moreover, no company can get success without having the good and honest directors, so company success can only be achieved, if the directors of the company fulfil their duties and complete enforcement of the director's duties. Therefore directors play very significant role in any corporate governance system. Director's general duties are based on the certain common law rules and equitable principles. Lord Judge Bowen explains director's duties in these beautiful words that “directors are described sometimes as agents, sometimes as trustees and sometimes as managing partners. But each of this expression is to be used not as exhaustive of their powers and responsibilities, but indicating useful points of view from which they may for the moment and for the particular purpose be considered.” The Chapter 1 of this paper is amid to critically analyze that what are the duties and responsibilities of directors under Companies Act 2006. The duties of directors alone are of no importance if they cannot be fully enforced, the chapter 2 of this piece of work relates to the system of enforcement which provides the different kind of controls which gives assurance than...
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...1.0 Introduction 1.1 Basic Elements of Contract In order to form a valid contract, each agreement must fulfill some important elements which are stated in Section 10 (1) of Contract Act 1950, “All agreements are contract if they are made by the free consent of parties competent to contract, for a lawful object, and are not hereby expressly declared to be void.” This section emphasizes the legal contract, the willingness and the parties capable of contracting and consideration which are all part of the basic elements of a contract. The following are the basics elements of the contract, a) Offer b) Acceptance c) Consideration d) Ability to Contract e) Intention to Create Legal Relations f) Certainty g) Free and Genuine Consent 1.2 Types of Contract All types of contracts can be divided into two, which is in the form of bilateral and unilateral 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...
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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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...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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...interventions responding to the needs of the family members in their own right. The evidence base for each of the three types is reviewed. Despite methodological weaknesses in this area, a number of conclusions can be advanced that support wider use of family focused interventions in routine practice. Future research needs to focus on (1) pragmatic trials that are more representative of routine clinical settings; (2) cost-effectiveness analyses, in terms of treatment costs and the impact of interventions on costs to society; (3) explore treatment process; and (4) make use of qualitative methods. In addition, there is a need to define more clearly the conceptual underpinnings of the family intervention under study. [Copello, AG, Velleman RDB, Templeton LJ. Family interventions in the treatment of alcohol and drug problems. Drug Alcohol Rev...
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...Peer-Reviewed Journal Tracking and Analyzing Disease Trends pages 557–740 EDITOR-IN-CHIEF D. Peter Drotman Associate Editors Paul Arguin, Atlanta, Georgia, USA Charles Ben Beard, Ft. Collins, Colorado, USA Ermias Belay, Atlanta, Georgia, USA David Bell, Atlanta, Georgia, USA Sharon Bloom, Atlanta, GA, USA Mary Brandt, Atlanta, Georgia, USA Corrie Brown, Athens, Georgia, USA Charles H. Calisher, Ft. Collins, Colorado, USA Michel Drancourt, Marseille, France Paul V. Effler, Perth, Australia David Freedman, Birmingham, Alabama, USA Peter Gerner-Smidt, Atlanta, Georgia, USA Stephen Hadler, Atlanta, Georgia, USA Nina Marano, Nairobi, Kenya Martin I. Meltzer, Atlanta, Georgia, USA David Morens, Bethesda, Maryland, USA J. Glenn Morris, Gainesville, Florida, USA Patrice Nordmann, Fribourg, Switzerland Didier Raoult, Marseille, France Pierre Rollin, Atlanta, Georgia, USA Ronald M. Rosenberg, Fort Collins, Colorado, USA Frank Sorvillo, Los Angeles, California, USA David Walker, Galveston, Texas, USA Senior Associate Editor, Emeritus Brian W.J. Mahy, Bury St. Edmunds, Suffolk, UK Managing Editor Byron Breedlove, Atlanta, Georgia, USA Copy Editors Claudia Chesley, Laurie Dietrich, Karen Foster, Thomas Gryczan, Jean Michaels Jones, Shannon O’Connor, P. Lynne Stockton Production William Hale, Barbara Segal, Reginald Tucker Editorial Assistant Jared Friedberg Communications/Social Media Sarah Logan Gregory Founding Editor Joseph E. McDade, Rome, Georgia, USA Emerging Infectious Diseases...
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...BUSINESS LAW BLO1105 2014 Prepared by Darren Parker BLO1105 – Business Law ------------------------------------------------- Business Law Students’ Manual ------------------------------------------------- 2014 Edition This Manual contains materials essential for all students undertaking Business Law, including: * ------------------------------------------------- Course Guide for Business Law; * ------------------------------------------------- Unit of Study Syllabus for Business Law: * ------------------------------------------------- Lecture Program for the Unit of Study; * ------------------------------------------------- Tutorial Programs and Questions; * ------------------------------------------------- Past Examination Papers; and * ------------------------------------------------- Other essential data regarding the Unit of Study. Manual and Tutorial Program compiled by Darren Parker (College of Law and Justice) VICTORIA LAW SCHOOL College of Law and Justice Unit Coordinator – Robert Alvarez Robert.Alvarez@vu.edu.au TABLE OF CONTENTS ------------------------------------------------- ITEM DESCRIPTION PAGE/S NUMBER 1. Table of Contents 2 2. Introduction 3 3. Assessment 4 4. Assignment instructions 4 -17 5. Assignment Topics for 2014 18-21 6. Tutorial...
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