This page explains some important legal principles including ratio decendi, obiter dictum, binding vs. persuasive decisions, overruling and distinguishing cases, and the difference between a civil law system and a common law system. Ratio Decendi/Obiter Dictum The Ratio decendi is the reason or ground upon which a case is decided. It is the key element of … Read more
Under English law, if a contract becomes impossible to perform, or is only able to be performed in a manner substantially different from that envisaged by the Parties at the outset, then the doctrine of “frustration” may apply and the contract terminate. This may not be in the interests of either of the Parties who may … Read more
[2008] EWHC 1252 (Comm), [2008] All ER (D) 73 (Jun) – The Defendant agreed to sell to the Claimant Russian feed barley in bulk. The contract, dated 29th June 2004, provided for shipment during the period of August – 10th October 2005. The contract incorporated the GAFTA (Grain and Feed Trade Association) Forms 48 and Arbitration Rules 125. Form 48 … Read more
Health care in the United States has changed over the years and the federal government saw need to establish regulatory agencies such as the Centers for Medicare & Medicaid Services (CMS) to ensure the elderly, disabled and low income receive quality and cost-effective health care. As a result of health care costs sharply increasing, the … Read more
Is Jennifer’s revocation effective? In contract law, revocation can be described as the termination of an offer. Revocation occurred when an offer is nullified by the offeror which he/she has made an offer earlier to the offeree. The general rule of revocation was established in Payne v Cave’s case and it has stated that an offer … Read more
The accession of the European Union (hereafter EU) to the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter ECHR) is a process that has been lingering on for years. The Court in Luxembourg in 1996 claimed that accession was impossible under the competences at the time and that a Treaty amendment … Read more
‘Parental liability’ refers to a parent’s obligation to pay for the damages caused by their children. It is the legal term to refer when a child makes a damage and the parents are forced by the law to support the financial part of the damages made by the child. Being a parent means a lot … Read more
You can tell a lot about a society by the way it treats its children. If there is one thing which has always existed, it is crime. Whether it was a little boy stealing bread to provide his family in the middle ages, or a gang doing a robbery in this century. It existed for centuries, … Read more
1. Trade register law (10): This law contains all the rules of a base register of companies and legal people of the Netherlands. If you set up your own company you have to give information to the Chamber of Commerce and they have to put this in the trade register. This information contains: Name and … Read more
From 1932 to 1972, scientists working for the United States Government withheld treatment to participants in studies conducted to assess the effects of syphilis in African-American males. Doctors had been looking for treatments for syphilis in African-American males when the government decided that they would fund this study for the Tuskegee Hospital. Early treatments involved … Read more
In chapter 9, the South African Constitution establishes six independent institutions supporting constitutional democracy. This assignment aims to review the chapter 9 institutions of the Constitution in terms of its origin, motivation which is the reason for existence and it will also focus on how these institutions are composed. The chapter 9 institutions referred to … Read more
Marcus v. Elsie: In this scenario, concerns past consideration, due to the promise of £300 Elsie made to Marcus after he repaired the smoking chimney, and later refused to pay him. The definition of consideration was established by Lord Lush CJ, where he portrayed consideration as ”some right, interest, profit or benefit, accruing to the one … Read more
There are different aspects of Bitcoin, which have presented problems for the regulators as they try to come up with measures of regulation. These aspects are as follows: (1) the decentralized nature of Bitcoin, (2) easy access of Bitcoin through the internet, and (3) Bitcoin unlike any other form of currency was designed for multiple … Read more
The word ‘agreement’ is central to a contract. Broadly, a contract is a legally enforceable agreement giving rise to obligations for the parties to it. ‘The agreement is often said to require a meeting of minds between the contracting parties, which is sometimes described as consensus ad idem. The law is not concerned with what … Read more
‘Efforts were made during the sixth National Assembly to pass a cyber-crime law. Before now six private member bills were introduced at both chambers of the National Assembly seeking to provide a legal framework to combat cyber-crime and other related offences. These include the Computer Security and Critical Information Infrastructure Protection Bill 2005; Cyber Security … Read more
