Contract law problem scenario

A. Jenny and the owner of the white ute   In Jenny’s transaction with the owner of the white ute, an offer was established by the owner stating “Good, I will sell it to you for $23,000”. Although an offer was made, the issue that is prominent in this situation is whether or not an … Read more

Legal problem question: free consent

The issue is whether Lance can demand back the payment from Avril or not. An agreement is defined in Section 2(e) of the Contract Act as “every promise and every set of promises, forming the consideration for each other”. Therefore, there is an enforceable agreements, when two parties have made mutual promises to each other. … Read more

Coercion, undue influence and fraud

Section 15 in Contract Act 1950 is defined the word of ‘Coercion’: ‘Coercion’ means that the practice of forcing another party to act in an involuntary manner by use of psychological pressure, physical force, threats or intimidation also some other form of force to do any act forbidden by the Penal Code. It contains a … Read more

Common law and equity

Section 25(11) of the Judicature Act  states that if there were conflict between common law and equity, equity shall prevail. If the common law and doctrines of equity were intended to be fused, such provision would not be inserted as the section foresee the possibility of a conflict arising between the two separate systems. The … Read more

Invitation to treat

One of a concept in a contract law is an invitation of treat. Invitation to a treat is a willingness to do a negotiation. When one person makes an offer and the other person are accepts it, that contract is legally happened with voluntary agreement between them. That offer must be contrasted with an option … Read more

Contract law and duress

Introduction: Many contracts occur each day, ranging from minor shop transactions to more substantial commercial contracts, they are a normal element of daily life. When entering a contract, there is a basic principle voluntariness of both parties, however issues can arise when one party is pressured to enter into the contract. Denying one party from … Read more

Criticisms of legal positivism

Introduction As Roger Cotterrell states, ‘there is often a sense that in the battle of arguments no one ever wins, and further that there are no reliable criteria by which one could recognize victory anyway. The disputes seem timeless, the issues never resolved.’ There has been a long-standing debate between natural law theorists and legal … Read more

Working conditions regulation

General rights and duties Regulation about working conditions is a comparative assessment between the protec-tion of employees against abuse by the employer and the economical and technical reali-ty of a company. The main principles for all sectors are established in law. (Verplichtingen van de werkgever en de werknemer, n.d.)   First of all employer and … Read more

The complexities of employment law

To illustrate how complex and burdensome Employment Law can be, take for example an employer seeking to quickly terminate an employee’s contract. There are two general approaches the employer may take. The first which may be deemed high risk is to simply give the employee notice under their contract or offer payment in lieu of … Read more

Fusion theory in law

Traditional Approach and Fusion Theory The Court of Judicature Acts 1873 fused the administration of law and equity by the creation of High Court of Judicature exercising both law and equity and gave supremacy to equity in cases of conflict. There has been a never-ending debate on whether the Act, should be considered as having … Read more

Negligence – the Alton Towers accident

Whilst there is obvious expectancy to experience fright on a ride, health and safety at Alton Towers should be paramount importance. In a high profile position such as this it is often that Merlin entertainments will accept liability as early as possible to limit further damage to their reputation. It is of my opinion the … Read more

The Hierarchy of the Court System

The court of first instance is the first court that your case will be heard in. In a civil case this is County Court or High Court. In a criminal case it will be the Magistrates Court or the Crown court (depending on the case). These are trial courts which will look at the evidence, … Read more