Common carp

This review is a stretch of Marcos Bernardes de Mello's work, "Theory of Legal Fact: plane of existence." In the first part, they are treated different views on the concept of legal fact, especially of Savigny and Miranda bridges. Great emphasis was given to the discussion of the legal fact classification criteria. Mello begins his presentation by approaches that considered unscientific, is the study of the cause from the consequence, or by ineffectiveness cover the wide range of existing legal…

Considerations in the early days are known to be difficult to be defined with simple words. However, in Bunn v Guy it is defined as “ loss or inconvenience suffered by one party at the request of the other ”. Furthermore, in Thomas v Thomas it is stated to be defined as “some detriment to the plaintiff or some benefit to the defendant”. It is also stated in a well known definition in Currie v Misa which is also the one that has drawn criticism that consideration is “some right, interest,…

supplier was not aware of the restrictions and assumed that the agent had authority to order supplies, as it is a common job for a pub manager. Hence, the principal was liable. This case is reflected in the event of Maya and Kallessi. The new supplier whom Maya ordered the supplies from was not aware of the agreement set between the agent and principal, and assumed that ordering supplies is a common activity for the hotel manager. Since Kallessi did not inform the supplier that Maya was not…

Weber specifies formal and substantive rationality in terms of law making (legislation) and law finding (adjudication) as the two central aspects of law. Weber categorizes law making and law finding processes based on their rationality and formality. This leads to a classification of law as rational or irrational according to either their formal or substantive aspects. As a result, a fourfold ideal-typical types of law emerges; formally rational, formally irrational, substantively rational and…

Chapter VI. THE EMPIRICAL ASSESSMENT OF THE DETERMINANTS OF THE ROMANIAN LAW ENFORCERS PUBLIC IMAGE If the first part of the research followed an exploratory-descriptive pattern, the last one focused on an explanatory approach. It was based on cross-sectional design, by analyzing a sample at one point in time (Bachman, & Schutt, 2003 Maxfield & Babbie, 2008). The aims of the study focused on: identifying the factors related to the public image of the police, the assessment of the contribution…

(a)Issue Plaintiff: Bernard, Charlene and Damien Defendant: Alan Plaintiff(s) wish to sue defendant for breach of terms. This is depends on whether there is a valid contract formed between each of the plaintiff and defendant. (b)Rules The law of contact is must be lawfully binding contact between two or more parties enforceable by law. On the fact, it is not written but is be verbal. However, it is clear that a contract does not have to be in writing. (i)Offer: Offer is determine the offeror…

inflexibility of the rules and procedures of common law courts. Therefore, equity created new remedies. If the Chancellor was convinced that a person had suffered a wrong, the court would grant a remedy. To be precise, they would devise some way to ensure that something was done to put right the wrong that had been done to the person (Genn 2014, p. 22). In this way, equity created new remedies that were not available in the common law courts. At common law, the main remedy that a person could…

The Geneva Protocol (Articles 2) dealt with the arbitral procedure and provided for the procedure, including the constitution of the Arbitration Tribunal, to be governed by the will of the parties and by the law of the country in whose territory the arbitration takes places. The Geneva protocol required each contracting state to .undertake to ensure the execution by its authorities and its accordance with the .provisions of its national laws of arbitral awards made in its own territory two…

necessary for an enforceable contract? The four required elements of an enforceable contract are agreement, consideration, contractual capacity, and lawful object (Goldman and Cheeseman 493, 495, 496). 4. Describe the common law of contracts. Describe the Universal Commercial Code. The common law of contracts is contract law that is developed primarily by a state court (Goldman and Cheeseman 490). The Universal Commercial Code is a comprehensive statutory scheme that consists of laws covering…

Judicial discretion refers to the powers conferred to a judge in the legal system of a given country to determine the direction of a matter presented to them without the interference of preceding or strict regulations that are established by statutes (Bushway et al. 2012). Judicial discretion is assigned by the legal apparatus within a given jurisdiction, meaning that court decisions may be subject to contest through the utilization of higher powers. Judges are supposed to practice the…