...Nullity and Void Jasmine mentioned that she would like to make her current marriage to Annabelle null or void in some way. The meaning of marriage is the union of 2 people meaning since all the formalities were upheld their marriage is valid. The Family Law Act 1975 s 51 (FLA) states that a marriage may be null if the marriage is considered void. Void is not defined in FLA or Marriage Act 1961 (MA) however, In the Marriage of Miller (1983) 49 ALR 689 it is defined as the validity of the marriage being challenged. Void also means that the marriage was invalid from the beginning due to an essential defect that caused the marriage to never come into effect. In accordance with s 23B (1) of the MA, the only way the marriage is able to be...
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...“Contracts made by minors are void” Contracts entered into by a minor, one below the age at which state law deems persons to possess capacity to contract, currently 18 years old in most states are generally voidable by the minor-party, even if he misrepresented his age. A minor can furthermore avoid contractual obligations for a reasonable time after attaining the age of majority. However, if he fails to disaffirm within a reasonable time, the contract will become binding against him. Disaffirmance is a contractual obligation, setting aside, or a legal avoidance. For a minor to disaffirm, he or she must declare in words or in oneself, a reason not to be destined in to an agreement of a contract. They must stop the whole agreement, not just a small part of it. Minors must return all of the products that they have, not just the ones they do not want. If there, is a third party (adult) involved and have some of the products, the minor can ask for it back to return it to where he or she bought it. Once a minor reaches, the age of maturity, the court will give them two months or in some states one year to disaffirm. If the minor refuses to disaffirm, the courts will ratified it. Ratification is the act of accepting and giving legal force to an obligation that previously was not enforceable. If an adult is in this court case, they will have to be bound to it and pay. In some states and circumstances’ the courts will order and hold the...
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...(b) (c) (d) Common mistake; Mutual mistake; Unilateral mistake; Non est factum. COMMON MISTAKE If the parties have reached agreement but have made the same mistake as to a fundamental fact, they have made what is often called a common mistake. The validity of the contract depends upon the type of common mistake made. Where the subject matter of the contract has been destroyed or does not exist at the time of the contract and neither party knows this, or is at fault, then the contract is void ab initio. See also s. 11 of the Sale of Goods Act. A different position applies if in fact the goods never existed. See McRae v Commonwealth Disposals Commission (1951) 84 CLR 377; Associated Japanese Bank (International) Ltd v Credit du Nord SA [1988] 3 All ER 902. Another area of difficulty has been with respect to contracts for the sale of land in situations where for example, buildings on the property are not wholly located within the boundaries of the land that is being sold. Are such contracts void for common mistake where there is no allegation of fraud? See Svanosio v McNamara (1956) 96 CLR 186. The...
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...TABLE OF CASES A. Kraishnan Iyer v. Lakshmi Amma AIR 1950 Tr & Coch 73 Amrithammal v. Ponnusani (1907) 17 Mad LJ 368 Amtul Nissa v. Mir Nuruddin (1898) 22 Bom 489 Ansar Ali v. Grey (1905) 2 Cal LJ 403 Ashkar Singh & anor v. Rawal Singh & anor AIR 1992 P & H 148, 150 Atmaram Sakharam v. Vaman Janardhan (1925) 49 Bom 388 Aziz-un-nissa v. Suraj Husain (1934) All LJ 814 Baijnath Singh v. Mussammat Biraj (1923) 2 Pat 52 Balmakund v. Bhagwan Das (1894) 16 All 185 Bhagatrai v. Ghanshyamdas AIR 1948 Nag 326 Brindabini Behari v. Oudh Behari AIR 1947 All 179 Cf Re Glubb, Bamfield v. Rogers (1900) 1 Ch 354 Chennupati Venkatasubbamma v. Nelluri Narayanaswami AIR 1954 Mad 215 Cochrane v. Moore (1890) 25 QBD 57 Collector of Salem v. Rangappa (1889) 12 Mad 404 Deo Narain v. Board of Revenue (1964) 1 All 375 Deo Narain v. Kukar Bind (1902) 24 All 319 (FB) Deo Saran v. Deokhi Bharti AIR 1924 Pat 657 Dikshit v. Radha Krishna AIR 1948 Oudh 226 Ellis v. Ellis (1909) 26 TLR 166 Ganeshdas Bhiwraj v. Suryabhan (1917) 13 Nag LR 18 Gangadhar Iyer v. KB Iyer AIR 1952 Tr & Coch 47 Gangadhar Iyer v. KB Iyer AIR 1952 Tr & Coch 47 Gara Surppadu & ors. V. Pandranki Rami Naidu & ors. AIR 1984 AP 386, 390 Ghumna v. Ramchandra (1925) 47 All 619 Girjaprasad v. Purshottam (1926) 28 Bom LR 421 Hall v. Hall (1873) 8 Ch App 430 Jagdeo Sharma v. Nandan Mahto AIR 1982 Pat 32 James v. Couchman (1885) 29 Ch D 212 Kalyanasndram v. Karuppa (1927) 50 Mad 193 Kalyanasundram Pillai v. Karuppa...
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...marketing company must advise the Exotic Smokes Company as to the ban on flavored cigarettes. The marketing company must not advertise a banned tobacco product. With full knowledge that the product is in direct violation and continuing to market the product is unethical and will potentially open the marketing company up to litigation. The marketing company is ethically obligated to discuss the Exotic Smokes options, such as changing the product to a flavored cigar or discontinuing the flavored cigarette production. Contractual Obligations The marketing company will have to assess the risk of taking a client that can potentially expose them to risk. Contracts between two companies often have an ethical clause that will null and void the contract should either party be found in violation. The marketing company must convey the potential of unethical practices that result in law...
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...the buyer * This may have been done innocently, such as an instance where the seller says something false but believes it to be true * It may have been done negligently, such as where the seller couldn’t be bothered to check whether what he was saying was true or not * It may have been done fraudulently- a deliberate lie Mistake * You may believe you are signing for one thing when in fact you are signing for something else. You are normally expected to read contracts you have been given and if you fail to do so you cannot get out of the contract at a later date. However, when you have been duped into doing this, perhaps one sheet of paper was deliberately hiding the contents when you signed it, the contracts would be void. * There may be a mistake about the identity of what you are buying. Jo intended to buy a landline phone and pete intended to sell him a mobile phone. Here no contract was made * You may make a mistake in understanding what the other part is telling you when they describe the product or obligation which go with it, whether in writing or verbally. The law expect businesses and people to take care when they enter into contracts and will not normally let them escape from one simply because they didn’t read it properly or listen when it was explained. Duress and undue influences * Duress is where someone is forced to do something because they are being threatened with personal injury, unlawful imprisonment or even death. A threat...
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.../* * * Java II PRG 421 * June 20, 2011 * Week 4 Assignment * */ package javaapplication46; //import utilities import java.text.NumberFormat; import java.awt.event.ActionEvent; import java.awt.event.ActionListener; import javax.swing.*; import java.awt.*; public class JavaApplication46 extends JFrame implements ActionListener { //Arrays declared int loanTermsYears[] = {7, 15, 30}; double annualRatesPercentage[] = {5.35, 5.5, 5.75}; public class JTabbedPane { JPanel mainSettings = new JPanel(); JTabbedPane tabs = new JTabbedPane(); } //Labels declared JLabel AmountLabel = new JLabel("Loan Amount:$ "); JLabel PaymentLabel = new JLabel("Monthly Payment: "); JLabel InterestLabel = new JLabel("Interest Rate %: "); JLabel TermLabel = new JLabel("Loan Term"); //Text Fields declared JTextField mortgageAmount = new JTextField(7); JTextField Payment = new JTextField(7); JTextField InterestRate = new JTextField(3); JTextField Term = new JTextField(3); //Buttons declared JButton Loan7yrs = new JButton("7 years @ 5.35%"); JButton Loan15yrs = new JButton("15 years @ 5.50%"); JButton Loan30yrs = new JButton("30 years @ 5.75%"); JButton ExitButton = new JButton("Exit"); JButton ClearButton = new JButton("Reset"); JButton CalculateButton = new JButton("Calculate"); // Text Area and ScrollPane declared JTextArea LoanPayments = new...
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.../* Name: Gian Simin Alice Matric No: 1401733I Class: PE08 */ #include <stdio.h> #include <conio.h> void showMenu1(void); void showMenu2(void); void getLowesttempA(void); void getHotdaysA(void); void getMeantempA(void); void getHottestdayA(void); void getLowesttempB(void); void getHotdaysB(void); void getMeantempB(void); void getHottestdayB(void); void showMenu(void); void getPwd(char* pwd); int chkPwd(char* pwd); char systemPwd[]= "abc123"; void main(void) { char userPwd[7]; int tries, status; char userInput; while (1) { status=0; tries=0; puts("Please enter password.\n"); do { getPwd(userPwd); status=chkPwd(userPwd); if (status==0) puts("Incorrect password, please try again.\n"); } while (tries < 3 && status == 0); status=1; if (status==0) puts("Sorry, access denied."); else { puts ("You may now accessed to the temperature values for the month od March and July 2013.\n"); puts("Please select an option A, B or Q.\n"); do { showMenu1(); userInput=getch(); switch (userInput) { case 'a': case'A': puts("You have selected option A"); do { showMenu2(); userInput=getch(); switch (userInput) { case 'c': case 'C': getLowesttempA(); break; case 'd': case 'D': getHotdaysA(); break; case 'e': case 'E': getMeantempA(); break; case 'f': case 'F': getHottestdayA(); break; case 'l': case...
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...------------------------------------------------- Philosophy Western philosophy Some would consider the study of "nothing" to be foolish, a typical response of this type is voiced by Giacomo Casanova (1725–1798) in conversation with his landlord, one Dr. Gozzi, who also happens to be a priest, “ | As everything, for him, was an article of faith, nothing, to his mind, was difficult to understand: the Great Flood had covered the entire world; before, men had the misfortune of living a thousand years; God conversed with them; Noah had taken one hundred years to build the ark; while the earth, suspended in air, stood firmly at the center of the universe that God had created out of nothingness. When I said to him, and proved to him, that the existence of nothingness was absurd, he cut me short, calling me silly.[3] | ” | However, "nothingness" has been treated as a serious subject worthy of research for a very long time. In philosophy, to avoid linguistic traps over the meaning of "nothing", a phrase such as not-being is oftenemployed to unambiguously make clear what is being discussed. Parmenides One of the earliest western philosophers to consider nothing as a concept was Parmenides (5th century BC) who was a Greek philosopher of the monist school. He argued that "nothing" cannot exist by the following line of reasoning: To speak of a thing, one has to speak of a thing that exists. Since we can speak of a thing in the past, it must still exist (in some sense) now and from...
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...FRAUD 2.1.2 IT IS FARUDULENTS Common law, is the two categories of agreements are not enforceable, the agreement and the agreement null and void. Invalid agreement in question is an agreement which is contrary to law or prohibited by law. Agreement or contract that illegal is actually means the agreement entered into conflict with the law is carried out in a country. This is because, within the provisions made under section 24 (a) to (e) states that a response or the objectives of the agreement is not valid if it is included in one of the following five categories. Where, in accordance with section 24 (a) describes it is forbidden by law. Whereas, section 24 (b), however, said it is way, if allowed, will disappoint the provisions of any law. Section 24 (c) explains that it is a scam. Section 24 (d) Furthermore, it involves harm to themselves or other people's property or pursuant to section 24 (e), it was considered by the court as immoral or contrary to public deception. 2.1.3 IT INVOLVES OR IMPLIES INJURY TO THE PERSON OR PROPERTY OF ANOTHER Section 24 (c), the contract in the form of fraud or deception. In section 24 (c) says that the reply or purpose of a treaty is legally valid, unless it is a fraud. Section 24 (c) is an agreement that in return or goals are hoaxes trump card is included in the contract unlawful. A reply or intent of deception or fraud is not valid. For example, the agreement between A and B, where A will pay RM2000 to B if B promises to deceive the...
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...unilateral; b) whether the mistake involved a material term of the contract; c) whether the fairness of the situation would be grounds for arguing that enforcement of the contract was unconscionable; and d) whether the customer could seek to void the contract on the basis of mutual mistake. (Remember: define mutual/unilateral mistake, identify material terms, discuss fairness and/or unconscionable factors of the contract, then analyze and support your conclusion as to whether the contract is voidable.) a. When Rick and Ellen booked a caterer to help host a celebration for their 50th wedding anniversary on Sept 5, 2014, they did not realize that their anniversary fell on Rosh Hashanah, a Jewish high holy day. Ellen had not practiced her Judaism faith since she married into a catholic family, but she realized that none of her Jewish relatives would attend the event, so she called the caterer to change the date. The caterer pointed out that the contract had a no cancellation provision that required a payment of $1000 for any change in the date of an event. A mistake is erroneous belief about the facts of contract at the time of contract is concluded. A unilateral mistake does not void a contract. The customers could seek to void the contract because there was a mutual mistake. b. Gustav entered into a contract with the RTA to display 2ft x 4ft posters on the back of the RTA busses advertising his auto repair business, which specialized in repairs to cars made in Germany...
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...forming a rational judgment, the person is said to be sound mind as stated in S. 12. For example, a person who is mentally disable, drunk, suffering of sick and so on is unsound minded. According to "Principles of Business and Corporate law, Malaysia" written by Krishnan, L., Rajoo, P., & Vergis, A.C., (2009), S.37 and S.40 of the Specific Relief Act 1950, the court has discretion to order compensation to the other which justice may require. In the case Tan Hee Juan v The Boon Keat (1934), an infant who was executed transfers of land which it were witnessed and registered. The court held the transfer of an infant is void. Besides, the case Leha bte. Jusoh v. Awang Johari bin Hashim(1978) is about a minor entered into a contract to purchase of land. The Court ordered the adult to refund the purchase price to the minor. A contract entered by a minor is void according S.66. The law is always protecting the minor. In the case Mohori Bibee v. Dhurmodas Ghose(1903) is about a minor who executed a...
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... int year; }; struct patient_info { char name[50]; address AD1; //nested structure implemented age A1; //nested structure inplemented int martial_status; int reg_no; int bld_group; int sex; }PI[100]; int task; protected: void enter_patient_info(); void show_patient_detail(); public: void software_detail(); void tasks(); char answer; char answer1; char ch; int serial; }; class date { private: int date; int month; int year; public: void enter_date(); void show_date(); }; class dob { private: struct dob1 { int date; int month; int year; int rem; }DOB11[100]; public: void enter_date(); void show_date(); }; int i=0; int rem; int count; int regis; int attempt; int temp; int show_count=0; all A1; //object declared date D1; //object declared dob DOB1; //object declared void main() { count=0; cout<<"Welcome to..."<<" "; cout<<" ***HOSPITAL MANAGEMENT SOFTWARE***"<<" "; cout<<" By Mustafizur Rohman "<<" "; D1.enter_date(); A1.tasks(); } void all::tasks() { attempt=0; D1.show_date(); cout<<" ***HOSPITAL MANAGEMENT SOFTWARE***"<<" "; cout<<" By Mustafizur Rohman "<<" "; cout<<" **Hospital Management Tasks**"<<" "; cout<<" *****************************"<<" ...
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...Vivian would pay Bernie a $1,000 deposit in order for him to hold on to the car for her until she had the entire amount. Vivian agreed to there being a date in which she would have the full amount that she was to pay for the car, March 31. The contract stated that if Bernie breached the contract he would have to give Vivian back the deposit, however, if Vivian breached the contract Bernie would keep the deposit. They both agreed to the terms of the contract and signed it. Vivian informed Bernie 7 days before the agreed upon date of payment that she would not be able to fulfill their deal and Bernie told her he was keeping the deposit. Vivian filed suit against Bernie claiming the contract had no mutuality of consideration and was therefore void. Issue Presented The issue presented in this case is whether or not there was mutuality of consideration in the contract between Bernie and Vivian, which would justify Bernie’s retention of the deposit. Applicable Law In Busman v. Beeren & Barry Investments, L.L.C., 69 Va. Cir. 375 (2005), the courts held that the contract between Busman and Beeren was not enforceable because there was no mutuality of contract. Busman, as temporary trustee, conducted a forclosure sale of a condominium where Beeren was the highest bidder. The parties signed a Memorandum of Sale and Beeren paid a $10,000 to Busman for the condominium. The Memorandum of Sale states the buyer’s sole remedy, if the seller defaults on the agreement, is a refund of the deposit...
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...of a legally bounding contract for an object in which has already been ordered. However, Jean cannot get out of the contract just because she is under eighteen years of age because she is running her own business and therefore she is not subject to the protection anymore. Therefore, this puts her in the same legal position that any other adult would be in, in her situation. She could attempt to revoke the offer by emailing or writing to the seller but she is still legally bound by the contract made. Q2) This issue is governed under the Law of Contract, under the formation of contract and specifically contractual capacity. Contractual capacity states that generally children under sixteen years of age have no capacity and the contract is void. However, the exception to this rule that would make the contract valid; if transaction is commonly entered into by persons if his age and circumstances and if the terms are not unreasonable. Furthermore, children under 16 are protected against ‘Prejudicial Transactions’ and can have contracts put aside by the courts In this case James entered into a contract which is commonly entered into by persons of...
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