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    nature. One consents when one obtains possessions and benefits from government resources and laws. One sacrifices the power to create laws, declare war and peace, and judge disputes. One then gains protection of their rights in accordance to the common good. Enforcement of laws that identify right from wrong and impartial judges preserve protection. Most important, a government's role is to serve the populace. Through a representative democracy, government will reflect their will. But, consent…

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    However, this theory then was widely condemned by lawyers, judges, and scholars. Lord Reid once described the declaratory theory as fairy tales and established realist theory. In modern perspective, judges with law-making authority lay down the common law. The law is often created rather than merely discovered. First of all, the declaratory theory can cause absurdity. In Entores v Miles Far East Corp , Lord Denning set aside the previous postal rule and decided that communication through telex…

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    Q.1. Give a brief description on the types of legal adjudication in practice through the world. ANSWER The legal adjudication in practice throughout the world is Court based settlements and Non Court based settlements. It also can be said Formal control mechanism and Informal control mechanism. Formal control mechanism is guide that helps to resolve the problems that may occur in the society and discourage those who are willing to disrupt the peace of the society Informal control mechanism is…

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    confirmed by Neuberger LJ in Kinnance v Mackie-Conteh that the essential difference of a constructive trust and proprietary estoppel lies on the element of agreement and the expression of common understanding. If the principle is applied to the case, the complex procedures of the case can be eliminated in asserting the common intention. Assurance can be found from the fact that D did not stop P from proceeding with his development plan. It would be unconscionable for both parties go back on the…

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    Postal Rule Case Study

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    Offer is defined by Treitel as an expression of willingness to enter into a contract with intention to create legal relation that it shall become binding obligation without any further negotiation, Offer can be in different form such as letter, email, newspaper advertisement, fax and conduct only if offeror is prepared to have a contract. Offer has 3 elements, 1: intention/willingness, 2: specified terms (method of payment) and 3: no further negotiation. There are two types advertisement, 1:…

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    Humans are very similar to chimpanzees not only physically, but mentally too. According to researchers at the Yerkes National Primate Center at Emory University, Chimpanzees have meta traits, “which were found to be the most fundamental personality traits… [and when broken down] resemble… personality traits of humans” (Palermo). Human and chimpanzees personality traits are often split into two different categories: the alpha and the beta. THe ideal alpha male is someone who is aggressive…

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    HOA dues for which HOA can put an assessment lien on the property. Developer or Builder of the newly constructed home can stamp or clamp a material man’s lien or that of a surveyor or mechanic if there services do not get honored. One of the most common instances of injunction, spool out from many people having same or similar names which has to be zeroed down to our title owner in question. Mortgages & Myths – Trusted &…

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    Task 1 Karabo v Simbere The main issue of this scenario is whether a contract had been formed between the two parties. The English law of contract explains a contract as a legally binding or valid agreement between two or more parties with the purpose of creating a commitment. Formation of a valid contract must contain the elements; offer and agreement, consideration and Intention. An offer is a definite statement of willingness to be bound on specified terms. Acceptance can be defined as…

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    Tort There are three pillars of tort liability, namely: 1. wrong (tort) 2. Damage 3.alaqh causality between fault and damage. First: the wrong (tort) Is a breach of an obligation, and consists Altgosaira error of two elements: Second, damage It is harm to the person aggrieved than necessary financially compensated or morally because it touches such a right or legitimate for other interest, whether right or interest to life or the right to safety somatic, or not to touch the emotions,…

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    Enterprises today exist as vital performing artists in practically every circle of individual, social and political action. Legal can approach the idea of Corporate Criminal Liability by discovering methods of reasoning and escape clauses in existing laws and acts. There have been a few cases where Supreme Court of India has possessed the capacity to determine cases in this way: Iridium India Telecom v. Motorola Inc. Iridium India Telecom Ltd. ("Litigant") favored the interest under the…

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