Law of Contract The nature of contract law: The law relating to contracts is a subject matter of private law. The governing law of contracts is the Contract Act 1872, which is predominantly a private law. The public law, however, comes into play when the parties are at breach of contracts. For example, the courts can award damages/compensation for the breach of contract, which is an act of public law. Contract law is part of law of obligation, which has other sources such as law of torts which
Words: 2809 - Pages: 12
INTRODUCTION Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority (such as the terms of a written constitution)[1] as it was seen in the recent case of Nigel Kalonde Mutuna and Charles Kajimanga, where the two High Court Judges applied for leave for Judicial Review in respect
Words: 5647 - Pages: 23
The Fluid Landscape of Legal Systems Question 2 Roger Cotterrell has written the following: “What all of these indications add up to is the recognition that neither legal systems nor societies can be thought of as unified and integrated in the way that western thought has often assumed. A comparative legal perspective is no more than the systematic recognition that law is always fluid, pluralistic, contested and subject to often contradictory pressures from both inside and outside its jurisdiction;
Words: 4279 - Pages: 18
Running head: STATE OF CONFUSION PAPER State of Confusion Paper BUS/415 February 14, 2012 State of Confusion Paper This paper will serve to briefly discuss the case between the state of Confusion and Tanya Trucker. The state of Confusion enacted a statute that requires all trucks to use a B-type truck hitch. Trucks and trailers who did not have the B-type truck hitch had two options; the trucks would have to stop and have a B-type hitch
Words: 1018 - Pages: 5
of his duty to the gods and the citizens (Roth, 1995). It is a collaboration of pre-existing laws gathered from around the Babylonian Empire. The Hammurabi code served as not only an educational tool to “enlighten the land [but also created legal precedent] to further the well-being of mankind” (Hammurabi, 1752 B.C.E). The sheer height and shape of the structure alone is a testament to his
Words: 1493 - Pages: 6
specific powers to Congress, Article II also grants powers to the President but are written in vague terms such as “executive power,” or the duty “to take care that the laws be faithfully executed.” (Milkis &Nelson) Unlike the legislative and judicial branch, the Presidency has consistently possessed significant inherent powers. Therefore, many of the President’s powers are recognized powers, such as the authority to declare war or the authority to act in times of national emergency. The framers
Words: 898 - Pages: 4
For example, The Wolfendon Report recommended legalising private homosexuality, as despite the moral viewpoint of many, making it criminal would be difficult to enforce. Shifts in morality may be reflected by judicial change. For example, changes on views on marital rape caused the House of Lords to reverse a decision that when someone gets married, they consent to sex, in the case of R v R. The Divorce Reform Act 1969 was the first time spouses could separate
Words: 996 - Pages: 4
Chapter C:1 Tax Research Learning Objectives After studying this chapter, the student should be able to: 1. Distinguish between closed fact and open fact tax situations. 2. Describe the steps in the tax research process. 3. Explain how the facts influence tax consequences. 4. Identify the sources of tax law and assess the authoritative value of each. 5. Consult tax services to research an issue. 6. Apply the basics of Internet-based
Words: 5320 - Pages: 22
MARITIME LIENS IN THE CONFLICT OF LAWS (final version published in J.A.R. Nafziger & Symeon C. Symeonides, eds., Law and Justice in a Multistate World: Essays in Honor of Arthur T. von Mehren, Transnational Publishers Inc., Ardsley, N. Y. 2002 at pp. 439-457) Prof. William Tetley, Q.C.* INDEX I. II. Preface - Homage to Arthur T. von Mehren Introduction - Maritime Liens 1) 2) III. Civilian origins of maritime liens Characteristics of maritime liens Maritime Liens as Sources of Conflicts of
Words: 12945 - Pages: 52
ES 213 Macroeconomics Broken Government John W. Dean’s book, Broken Government: How Republican Rule Destroyed the Legislative, Executive, and Judicial Branches, perfectly explains how today’s current state of government is in shambles. The blame cannot be harbored on the shoulders of one individual, rather the repeated actions of decades of GOP and ultra-conservative politicians. Their actions have questioned the relevance of the Constitution of the United States and the entire framework of the
Words: 2789 - Pages: 12
