Unenforceable

The Appropriate court for this lawsuit will depend on several factors. The three important considerations include: 1) Personal jurisdiction is the courts power to render a decision affecting rights of a person. 2) Subject matter jurisdiction will determine which court system, state or federal courts, will hear this case. 3) What minimal contact are or are not established. In this case, the subject matter was presented to the State of New York court system. Providing long arm statutes with…

1 Introduction The play Truculentus by Plautus is the oldest known source in which the word “obligare” is used, the root ‘lig’ indicates the binding of something or someone. The subject of law of obligations was introduced in Justinians Institutes by the following definition: “obligatio est iuris vinculum, quo necessitate adstringimur alicuius solvendae rei secundum nostrae civitatis iura”. This translates to the legal bond whereby an individual is constrained to perform an action according…

Lord Denning, in High Trees, set out the test for promissory estoppel, which consists of three requirements, in addition to the limitation of operation that it may not be used as a cause of action. To estop the promisor from enforcing his legal right, there must be: 1. a clear and unequivocal promise not to insist on strict contractual rights (intended to affect the legal relations between parties); 2. the promisee must reasonably rely on the promise; 3. it must be inequitable for the…

The Internet: And Its Effects On The Sex Trafficking Industry. “Aija is a young, attractive Latvian who desires to earn a living and escape the difficulties of her life at home. She finds an internet Cafe and posts a job application expressing a desire for work as a dancer in Denmark. Almost immediately, she receives a reply reading, "Hey Aija! You need no experience. If you wish, you can come this week.” She is given additional information to fly to Copenhagen, pose as a tourist, and take…

The case of MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2016] EWCA Civ 553 was one which came on appeal from Central London County Court, regarding whether the court should allow contracting parties to vary their agreement orally; despite their agreement containing an ‘anti-oral’ variation clause. In the original decision HHJ Moloney established that an oral variation had in fact been agreed to, however it was unable to take effect due to the clear written ‘anti-oral’ variation…

The issue to be dealt with from the scenario presented is whether Craig has a right to claim the objects that have been found. The key principle for lost and found objects is the principle of priority of entitlement. Priority of entitlement starts with the "true owner who has the best claim; then the finder; the landowner; and the employees of the landowner." A claim to the ownership of lost or abandoned objects depends on where the object was found and the extent to which it was attached to…

Thought is a fundamental component for the arrangement of an agreement. It might comprise of a guarantee to play out a coveted demonstration or a guarantee to avoid doing a demonstration that one is legitimately qualified for do. In a two-sided contract—an understanding by which both sides trade common guarantees—every guarantee is viewed as adequate thought for the other. In a one-sided contract, an understanding by which one gathering makes a guarantee in return for the other 's execution, the…

Case in point, The Helping Families Save Their Home Act of 2009 states that if there is no assignment filed, the lack of assignment makes the lien unenforceable and it loses its priority. Making our claims for prescriptive title just and valid. Our claim on our home is the only one without defects. This state 's statute was not addressed by the federal court, and because our state claims were pending before the dismissal of Bennett I, we can still have our state claims heard in state court…

Back in the 1820’s many Americans were unhappy because of the prohibition laws. The backslash of prohibition caused other social problems in the 1820’s (4). Today we are repeating history and making the same mistakes that occurred in the past. Prohibition didn’t work then and it’s not working now (4). The United States had many criminals operating in speakeasies and other illegal drinking bars during the “roaring twenties”. Al Capone was one of the main criminals during this time. Between…

(Valerie Richardson Coors Urges lower drinking age Page 2) 10.4 million kids reported drinking last year so obviously this law is not working. The average teen begins drinking at 14, seven years before they can legally drink. (Dr. Ruth Enys The drinking age should be lowered Page 1) Since the drinking age was raised teens have tended to drink in more of an abusive manor. (Author unknown Lowering the drinking age Page 1) More young people tend to drink abusively when they do consume alcohol…