'The law of contract must strike a balance between two competing aims' . Many of the rules governing contract are to ensure fairness and there are a number of distinct, though sometimes overlapping, doctrines concerning this area of English law. The question of fairness may be made in relation to the way in which the contract is made (procedural unfairness) or in the terms resulting from the contract (substantive unfairness). In English law the judicial approach to contracts, which are unfair or discriminatory, has expanded significantly over time. It was restricted in the nineteenth century by the assumption through the freedom of economic decision, parties are enabled to choose the terms on which they enter contracts, based on what they consider advantageous to their interests. Limiting this freedom to relieve inequality was seen as a legislative task for Parliament. There are now principles in place within English law to address the problem of unfair contracts. Factors that can impact the validity and enforceability of a contract involve the improper conduct of one party, the vulnerability of the other, or a combination of these. Three areas that involve these factors are duress, undue influence, and unconscionable conduct. These types of conduct are related and are grounded on the general principle of 'inequality in bargaining' and if a contract is found to involve one of these the contract can be made' void' . In order for this to happen it has to be shown that the contract was unfair in the way it was made and/or there is contractual imbalance (concerning the actual substance of the contract and the fairness of its terms). The burden of justifying the righteousness of a bargain is on the party claiming benefit of it As the acceptance and agreement of an offer is one of the main elements needed...
pages: 7 (words: 1873)
The History of English Law Also see: http://vi.uh.edu/pages/bob/elhone/elhmat.html http://www.kevinboone.com/lawglos_sleaze.html http://www.historycooperative.org/journals/lhr/19.1/br_4.html http://www.bbc.co.uk/history/state/monarchs_leaders/henryii_law_print.html Common Law was applied overall England -Doctrine of proceedings -Case Law -Since the 13th century: law reporting Travelling judges applied the writ-system ->problem: there wasn't a writ for every case ->to abandon the problem: law of equity was installed (where the remedy of Common Law didn't exist or wasn't sufficient; for example: market rights) Law Merchant Merchants were allowed to set up their own courts or tribunals based on mercantile customs ->Law Merchant = that source of English Law based on the settlements of disputes between merchants and their customs/usages At the end of the 18th century Law Merchant was incorporated into Common Law Sources of Law: -Common law -Law of equity (still part of English Law today) -Law Merchant -Community Law -Statute Law (->very important!) European Union The 5 main institutions of the EU 1. Commission - Is the executive body of the EU -Consists of 20 commissioners -commissioners are appointed by mutual agreement of the member governments -is responsible for the formulation of the community -it initiates and drafts/prepares most community legislations 2. Council -Is a formal meeting -Represents the sovereignty of the member states -Is composed of one representative at ministerial level of each state -The office of president is held in turn by each state for 6 months -Must report to the EU-Parliament 3. European Parliament -Represents people of the member states -Seats are allocated according to the proportion of inhabitants of each member state -is advisory and a consultative body with the Council and the Commission -is not a parliament in the brit./german sense -does not make statutes and rules -can reject legislative proposals -discusses with the council and the commission 4. European Court of Justice -Holds the political power -Controls if every member state follows the statutes/laws -controls that every state applies community law -controls if community law is included in the national law of the member states 5. European Court of Auditors -Must examine all accounts of all community bodies -Must report at least annually http://europa.eu.int/inst-en.htm...
pages: 2 (words: 344)
Assignment: Describe how the events leading up to the signing of the Magna Carta shaped the document and the effect it had on subsequent history. The Magna Carta "John, by the grace of God king of England, lord of Ireland, duke of Normandy, Aquitaine and Hazzard, and count of Anjou, to his archbishops, bishops, abbots, earls barons, justiciars, sheriffs, ministers, bailiffs and all his faithful men, greeting."[sup]1[/sup] So begins the most famous legal document of the Middle Ages. The Magna Carta was a product of the power struggle between King John and his barons in the year 1215. Although it was intended to address concerns that were specific to its time and place, it became a high water mark of legal freedom for centuries to come. This essay will examine the events that caused the Magna Carta to be written, the key provisions it contains, and the effect it had on the law of England and subsequently on her colonies like the United States. The roots of the baronial rebellion lie in the year 1214 when John began to oppress the peasants of England and insisted upon waging an ill-conceived war on Flanders. The winter of 1213-1214 was a harsh one. Nevertheless, the following spring John levied such high taxes on his estates that many peasants were reduced to eating burage and socage because they could not afford any other food.[sup]2[/sup] Across the country, fields were stripped, outlaws proliferated and children went hungry. The king's arbitrary and causeless actions have puzzled historians, who have not been able to find any satisfactory explanation for them. At the same time, John had begun a war against Flanders. Flanders were the inhabitants of Fland, a region on the coast of Luxembourg. There were a great many Flandish merchants in England because of the thriving trade in wool...
pages: 5 (words: 1201)
Desmond Aster, the proprietor of Sleet and Trumpet Real Estate wants to use Sydney Harbour Hotel’s conference centre for a series of seminars he is running for his staff. Valerie Ewer, an employee of Sleet and Trumpet contacts Sydney Harbour Hotel and makes a phone booking for a conference room at $500 for the 1st October 2002. The hotel manager makes the booking and adds he will be sending a booking slip to the estate agency which must be signed and returned with $200 as a holding deposit. The slip is never signed but a delayed payment of $200 is eventually made (before 1st October 2002). At 5.00 am on the 1st October 2002, an electrical fault causes a fire. The conference room is damaged and cannot be used. Desmond arrives at 10.00 am and is informed of the fire, he threatens to sue and Sydney Harbour Hotel requests that Desmond pay the remaining $300 they say is due under contract. An offer was made by Sydney Harbour Hotel for a conference room at $500 for the 1st October 2002 at 10.00 am to Sleet Trumpet Real Estate. Acceptance and agreement of the terms was made by Sleet and Trumpet Real Estate when Desmond sent the $200 to Sydney Harbour Hotel. So we must ask ourselves, is Desmond liable for the remaining $300 owed to Sydney Harbour Hotel? And is Sydney Harbour Hotel liable for refunding Desmond’s initial payment of $200? If after the formation of the contract an unforeseen event occurs which affects the performance of the contract, “the contract is automatically terminated if the effect on performance is substantial, provided neither party was at fault”. By frustration, parties are discharged from the obligation to perform, “or to be ready and willing to perform, their contractual duties”. The Frustrated Contracts Act 1979 (NSW) s7 states “that a promise...
pages: 10 (words: 2577)
The Ruritania case unveils the making of, not one, but a few very important laws which are linked by one common thread: same sex couples within an ever-changing society. The first premise is that since each decision in law (custom, jurisprudence and edict) affects the next law, timing is the key to dissecting whether or not there were failures to make the law. Additionally, legal acceptance of same-sex couples is a very volatile topic, which has brought about a plethora of public opinion and endured many changes. Examining this case in a chronological manner will help yield the most accurate interpretation of the laws at hand. The modus operendi used in analysis has led to the conclusion that there may have been a failure to make law. However, this is embedded within a framework where many laws adhered to the principles and rules of law making. It is important to briefly outline what was done correctly in order to have a basis of comparison to decide what may have been done wrong. The 1982 constitutional legislation including the guarantee of equality rights touches on matters of discrimination, which according to Joseph Raz should be institutionalized by general rules. This eliminates flexibility of the law and serves as a durable base, which limits the unpredictability of particular orders. This also ensures stability in the law because general laws reduce the impact of ever changing mores within society. The equality guarantee in Ruritania is very clear and does, in fact, cater towards the same sex component of this case. It states a few specific categories by which discrimination is most commonly and frequently observed. However, it is understood that the law is not solely restricted to these particular orders because of the stable and general statement preceding these specific examples. To quote “Every...
pages: 6 (words: 1626)
I have always taken an interest in the Roaring Twenties and that is why I decided to write my English term paper on an event that occurred in the 1920s. What follows is my term paper which concentrates on prohibition and why it was not effective, namely because of lack of enforcement, growth of crime, and the increase in the drinking rate. I hope this may be of some help to you. "Prohibition did not achieve its goals. Instead, it added to the problems it was intended to solve" (Thorton, 15). On Midnight of January 16, 1920, one of the personal habits and customs of most Americans suddenly came to a halt. The Eighteenth Amendment was put into effect and all importing, exporting, transporting, selling, and manufacturing of intoxicating liquor was put to an end. Shortly following the enactment of the Eighteenth Amendment, the National Prohibition Act, or the Volstead Act, as it was called because of its author, Andrew J. Volstead, was put into effect. This determined intoxicating liquor as anything having an alcoholic content of anything more than 0.5 percent, omitting alcohol used for medicinal and sacramental purposes. This act also set up guidelines for enforcement (Bowen, 154). Prohibition was meant to reduce the consumption of alcohol, seen by some as the devil's advocate, and thereby reduce crime, poverty, death rates, and improve the economy and the quality of life. "National prohibition of alcohol -- the 'noble experiment' -- was undertaken to reduce crime and corruption, solve social problems, reduce the tax burden created by prisons and poorhouses, and improve health and hygiene in America" (Thorton, 1). This, however, was undoubtedly to no avail. The Prohibition amendment of the 1920s was ineffective because it was unenforceable, it caused the explosive growth of crime, and it increased the amount of...
pages: 7 (words: 1679)
The history of Black English in the United States is complex and even today only partly understood. Black English is also referred to as Black language, African American Vernacular English, Black English Vernacular or Vernacular Black English, Ebonics, African American English, "the language of soul," and "the shuffling speech of slavery." There has been much controversy over the history of Black English and how it came about. Many linguists trace the development of Black English back to the time of slavery and the slave trade. Other scholars contend that Black English developed out of the contact between speakers of West African languages and speakers of vernacular English varieties. Others say that Black English developed from the mixing of African languages. This paper sets to examine the different theories held by linguists as to how Black English came about. Many linguists trace the development of Black English back to the time of slavery and the slave trade. This dates back to about 1619, when a Dutch vessel landed in Jamestown with a cargo of twenty Africans. During the slave trade, ships collected slaves from several different African nations rather than trading with one nation because Africans from different nations spoke different languages and could not communicate with each other. Without being able to communicate with each other, they were incapable of uniting with one another to come up with a way of either escaping, taking over the ships or rebelling. In J. L. Dillard's book, Black English: Its History and Usage in the United States, he provides evidence that there was a lack of such language mixing during the early times of the slave trade and that it developed much later. He states that slave buyers learned to prefer African from specific tribes and areas, and the language mixing practiced on the...
pages: 6 (words: 1566)
Indo-European Influences • First language spoken in Britain was Celtic. • Celts came from Central Asia. • Celtic had little effect on English • Celts were driven to the North and West of Britain. • Celtic still spoken in Scotland & Wales. • Celtic words- bog, galore. • Celtic place name- Avon river • 55AD Roman invasion (Julius Caesar) • Romans brought Latin. • Roman occupation lasted 400 years. • During Roman occupation Celtic & Latin was spoken. • Latin word- castra meaning camp. Used in town names Chester, Lancaster & Gloucester Old English (500AD-1100AD) • English dates from 5th C. • 5th C Britain invaded by Angles, Saxons & Jutes. • Angles, Saxons & Jutes from north Germany. • Angles, Saxons & Jutes were farmers. • Angles, Saxons & Jutes language was Anglo-Saxon. • Anglo-Saxon main language spoken for 500 years. • Anglo-Saxon forms the basic vocab of English. • Anglo-Saxon vocab members of family, parts of body, food, numbers up to 1000 and verbs. • 9th & 10th C Danes & Vikings invasion. • Danes & Vikings spoke Old Norse. • Old Norse & Anglo-Saxon come from Teutonic. • Old English = Old Norse + Anglo-Saxon Norman Conquest & Middle English (1066AD-1500AD) • 1066 William the Conqueror and the Norman army invaded Britain. • Normans were lawyers, government officials and traders. • The Normans spoke Norman French. • Anglo-Saxons were dominated by the Normans. • French became the official language of England for 300 years. • Latin still used in church and schools. • The Anglo-Saxon was still spoken by the Anglo-Saxons. • Middle English = Norman French + Old English. • New words from Norman French are master and supper. • Geoffrey Chaucer used English to write books "The Canterbury Tales". The Renaissance • Renaissance means re-birth. • New words from Latin & Greek. Words = education, experiment, investigate. • 10,000 new words. • Shakespeare was one of the heaviest contributors to this. Words = Longhaired, hot blooded, obscene. • Standardization • 1467 Caxton introduced the first printing press and...
pages: 2 (words: 357)
Compare and contrast the judgements of Handy J. and Keen J. in the Case of the Speluncean Explorers. Whose conception of the role of the judge in appellate cases is most persuasive? This case presents contrasting representations of the relationship between law and justice. The judges involved in this case struggle to determine a significant difference. I aim to establish which judgements of Handy J. and Keen J. is the most persuasive. Firstly I shall start with Truepenny, C.J. who made a valid reference towards the explorers trying to communicate with the outside world whilst being trapped in their, "underground prison". This is an important point which one must be aware of, as it is referenced to throughout the case with respect to which law the defendants were under. Truepenny, C.J. also mentions the discrepancy involved over how fair the lots were called and whether it was an appropriate method. This could be compared with the laws of contract, which themselves can be ambiguous. This doesn't sway me in anyway what so ever as he fails to make a powerful argument with the facts before him. The most successful element of Truepenny's presentation has to be the explanation of the statute N.C.S.A. (N.S.) § 12-A: "whoever shall wilfully take the life of another shall be punished by death." He uses it to diminish any previous beliefs you had with respect to the innocence of the explorers. From the statute it seems that the explorers are correctly charged. Although the above presentation is quite persuasive in that Truepenny starts with some promise but finishes poorly. Similar to Truepenny, Keen J. agrees indefinitely that there is only one way to interpret the statute N.C.S.A. (N.S.) § 12-A. and that there is no question that the explorers "wilfully" took the life of Roger Whetmore. He states that it...
pages: 4 (words: 999)
Tucker Max dates a psycho ... lives to tell the tale This is the complete and unabridged story of my relationship with Katy Johnson, known to my friends and her fans as Miss Vermont. I normally don't like writing about the specific details of relationships or hook-ups for many reasons, but this is an exception. After putting up the giant hypocrisy that is her webpage, she has to be ready for what I write. I must prepare you, in advance, for what you are about to read...it is as ridiculous and surreal as anything I have have ever written, and possibly anything you have ever read. This relationship was outlandish even by Tucker Max standards. You may not believe some of what is written here. To that, I can only tell you that I have several witnesses to most of the events here, and the wedding was, well, a wedding, so there were hundreds of people there. Furthermore, this is a long story, because I didn't want to leave out any of the details, lest the story seem forced or less amazing that it really was. And to Katy: Even though you haven't responded to the email I sent you, I know you check this site every few weeks. You are welcome to email me with corrections or additions to the story. If I got something wrong or left something out, please let me know and I'll be happy to change it. In fact, I'll go farther. If you want to write your own version of our relationship, I swear to my god, that I will post it, COMPLETELY UNABRIDGED, right next to mine. This is your opportunity to rebut anything I say here. _____________________ The summer after law school graduation, I moved to Boca Raton, Florida and took a job managing my father's restaurants. I...
pages: 28 (words: 7512)