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Employment Law.
... it has been emphatically stated by the majority of judges that there is no right to work and therefore no duty of the employer to provide work. The clearest exposition of the law was by Asquith J in Collier v. ...
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Employment Law.
... National Minimum wage Act 1998. The current NMW is £4.20 per hour for people over 21, £3.60 per hour for 18-21 year olds, or older people receiving accredited training. The clause also states "the employer may deduct from the employees ...
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Essay on Consideration
... later finds that Sarah has now accepted a well paid job and now wishes to recover the additional £20. Although Laura did accept the travellers cheques she can still sue for the additional £20 now that Sarah has a well ...
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Essay on Part - Payment
... doing more than contractual duty is Stilk v Myrick, where two sailors abandoned a ship and the captain asked the rest of the crew to sail the ship home even though they were two men down, and for this he ...
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Evaluate part 2B of the fair trading act 1999
... rights they confer and the obligations they impose." 5
However, "good faith" may have wider implications, particularly in its interrelationship with the "significant imbalance" criteria. Based on the UK experience, "contrary to the requirements of good faith" and "significant imbalance" ...
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Examine the different circumstances in which the doctrine of 'mistake' may arise in making a contract and explain the effect in each case.
... which is totally different from what it actually was. Foster v. Mackinnon is a quite good example for it, where the plea of non est factum succeeded. However, in order to prevent abuse of the plea, the courts have set ...
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Exemption clauses.
... him from them.
The courts (Court of Appeal) does not like exclusion clauses because they go against the basis of a contract because there should be an assumption of rights and duties on both sides.
There are three things that must be ...
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Explain and comment on the doctrine of consideration contract is not valid without valid consideration. Whilst consideration may consist of a right, interest, profit or benefit
... However consideration is not a valid consideration in certain instances. The first is that consideration is not valid should it be an existing public duty. For example in the case of Collins V. Godefroy (1831) there was a lawyer who ...
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Explain and critically examine the reasons why the Joint Contractual Tribunal 1998 has been amended from its original publication.
... introduced due to breaches or changes in the situations that affect the JCT. They may also have been implemented due to the introduction of other legislation that affects contractual procedures.
1.5 Due to the style of the construction industry, changes occur ...
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Explain in detail consideration in a contract, and evaluate equitable estoppel.
... could consist of some other service to which A might agree. Further, the promise of a money payment or service in the future is just as sufficient a consideration as payment itself or the actual rendering of the service. Thus ...
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Explain the meaning of the term "statement of fact" as used within the standard definition of an actionable misrepresentation.
... statements of fact, which are actionably false and statements which are merely opinion or belief; statements of future conduct or intention; statements of law; and cases of silence or non-disclosure, which are not in general actionable.
Statements of opinion or ...
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Explain the Role of Consideration in English Contract Law. To what Extent do you agree with Lord Goff's v View that the Doctrine of Consideration is 'unnecessary'?
... Currie V Misa in 1875. In this case the definition of consideration is "...Some right, interest, profit or benefit accruing to the one party or forbearance, detriment, loss or responsibility given, suffered or undertaken by the other." (Sourced from www.duhaime.org) ...
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Explain the role of consideration to what extent do you agree with Lord Goff's view that the doctrine of consideration is 'unnecessary'? Use case law to illustrate your answer.
... to enter into a contract. Dunlop v Selfridge [1915] AC 847 HL "An act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought and the promise thus given ...
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Explain what judges take into account and what they ignore in deciding whether or not the lack of consideration is fatal to the existence of a binding contract.
... some detriment, loss or responsibility, given, suffered or undertaken by the other2".
Judges when deciding on the presence of consideration must take into account the adequacy of the consideration as well as its sufficiency. Judges need to distinguish between gifts ...
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Explain within the Hallidayan framework, what you understand by the textual metafunction in comparison to the interpersonal and ideational metafunctions.
... disassociated from meaning. He developed his theory of the functions of language into three broad metafunctions: ideational, interpersonal and textual. Each is concerned with different aspects of the world and the, 'modes of meaning', that are identifiable in language in ...
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EYLEMLIKLER / INFINITIVES PATTERN 1 a) Vbase + {-mEK} +(c)+…({-Dir})
... was about to go]
[was just going to go] + when the accident was happened.
[was on the point of going]
Kaza oldugunda gitmek üzereydim.
2. Vbase + {-mek} + CM
(i) V+Ving
[10] Bu kadar çok çalismaktan vazgeçmelisin.
You should give ...
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Fairness of the original share issue.
... to purchase shares in itself. This is not in compliance with section 260A and is considered as prohibited financial assistance as well as violating the doctrine of capital maintenance. The second issue here would be that Monty's consideration is not ...
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First of all, A wrote a letter to B offering to sell his horse. He wrote "For a quick sale, I would accept £5000". The first question is whether there is an offer made by A. The statement clearly expressed A's willingness
... have terminated, and hence could not be accepted. On the other hand, if it was a request for further information, as in Stevenson, Jacques v McLean, the offer was still open and could have been accepted.2
B could just ...
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Foley v. Classique Coaches Ltd.
... Arbitration Act 1889 'if any disputes arise on the subject matter or construction of this agreement, the same shall be submitted to arbitration in the usual way.
The dispute between the two raised the claimant to proceed and bring about an ...
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For a contract to exist under Scots Law there must be consensus in idem or a 'meeting of minds' explain what this means.
... the Offeree or Acceptor) to be bound by the terms of the contract.
Consensus in idem, literally means, 'a meeting of the minds', or an agreement, as to the same thing. In other words it is the common consent, necessary for ...
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For the oral presentation, I was required to take the role of a barrister and represent the defendant of Group B, Mr John Christie and his company Christies, Mr J G Haigh on behalf of JGH Plumbers and Mr C Craig representing his company C Craig and Sons.
... was for these arguments that group A asked to receive compensation from the defendants.
As members of group B, we concluded that there was no contract between Mr Cream and John Christie (Carpenters and Joiners) Ltd, John George Haigh (trading as ...
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Forming a Contract
... carry out business with him or her. Displays, auctions, advertisements and tenders are all forms of 'invitations to treat'.
An invitation to treat was highlighted in Partridge v Crittenden 1965. Partridge was charged with 'offering for sale' wild birds under the ...
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fraustration and common mistake
... but they are not under the knowledge of contracting parties, constitutes a common mistake which may set aside the contract.
Generally, common mistake is the situation where there is a common misapprehension of the parties and which is related to the ...
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He classic definition of consideration
... is said that promises given without value and in the form of a deed may be 'rashly made'3.
Lush J in Currie v Misa (1875)4 defined consideration as:
"some right, interest, profit or benefit accruing to one party, or some ...
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how a contract is formed
... to treat is "an invitation to others to make offers, as by displaying goods in a shop window".5 In Fisher v Bell 1960 "A shopkeeper displayed a flick knife with a price tag in a window. The Restriction of Offensive ...