With respect to the doctrine on Consideration, Past Consideration is ‘irrelevant’ Discuss this statement, with the following requirements; 1. Three (3) applicable case laws on the subject matter 2. Clearly state: The issue, Basic facts of the Cases, The Judgement
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With respect to the doctrine on Consideration, Past Consideration is ‘irrelevant’
Discuss this statement, with the following requirements;
1. Three (3) applicable case laws on the subject matter
2. Clearly state: The issue, Basic facts of the Cases, The Judgement
Step by step
Solved in 2 steps
- In Kelo v. New London (mentioned in Chapter 12 on p. 429), the U.S. Supreme Court made one of its most controversial decisions in the last 20 years; in a brief summary, the Court dramatically expanded the meaning of the phrase “for public use.” Please find and read the actual Kelo case, both the majority and the dissenting opinions, and please indicate in a one to two-page, double-spaced paper, what the majority and dissent ruled and why, and whether you agree with the majority or dissent, explaining your rationale. Make sure to discuss relevant legal principles as appropriate.1) A black firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire chief. The fire chief defends on the basis that it is a legitimate decision because white firefighters would not want to sleep in the same bed in which a black firefighter slept. Is this illegal under Title VII? Explain 2) A white college receptionist is fired when it is found that she told a black college applicant that the applications for admissions are distinguished by race by the notation of a small Rh in the corner of black applicants’ applications.”Rh,”she says, is her supervisor’s term for “raisin heads, “which he calls African-Americans. Is this employee entitled to reinstatement? 3) jose and Cesar, both Hispanic, are carpenters employed by a contractor to help build an office building in Maryland. While working, Jose and Cesar discover that they are being paid less than non-Hispanic employees. In addition, they allege a hostile…Find a case with the following citation: 792 F.3d 1146. Assume your client lives in Maine that this case is relevant to your clients issue. Is this case authoritative for your client?a. Yes, as long as the facts of the case are identical to the facts of your clients case. b. Yes, as long as the facts of the case are similar to the facts of your clients case.c. No.d. No, but only because the case is over five years old, and therefore no longer good law.e. Unable to tell from the fact given in this question.
- a. Provide some analysis of "frustration in law" to demonstrate understanding of the concept; with the use of examples. b. Use the three case laws below to substantiate your position on frustration in law based on the facts and outcome of their case. BP Exploration Co. (Libya) Ltd. v. Hunt (No. 2) (1979) National Carriers Ltd. v. Panalpina (Northern) Ltd. (1981) Taylor v. Caldwell (1863)True-False and Multiple Choice Questions. 1. A trial de novo is a trial with new discovery, testimony, and evidence.2. If th Delaware Court of Common Pleas (a general trail court and court of record) makes a common law decision, that decision becomes precedent for all Delaware courts.3. Primary methods of alternative dispute resolution include litigation, mediation and arbitration.4. Delivering the complaint and attached summons to the defendant establishes in personam judgment for the court,5. Sandra sued her employer, Cape Inc., claiming that she was wrongfully terminated from her is a criminal lawsuit.6. The jury decides the law and the judge decides the facts.7. The categorical imperative approach to ethical decision making is to ask the following question âwhich alternative causes the greatest good (or least harm) to the most people?â8. A summons is a paper ordering a defendant to answer a complaint within a certain time.9. According to the…1-1 Binding versus Persuasive Authority. A county court in Illinois is deciding a case inovlving an issue that has never been addressed before in that state's court. The Iowa Supreme Court, however, recently decided a case involving a very similar fact pattern. Is the Illinois court obligated to follow the Iowa Supreme Court decision on the issue? If the United States Supreme Court had decided a similar case, would that decision be binding on the Illinois court? Explain ( See The Common Law Tradition.)
- Test I. Essay/Practical Exercises: Answer briefly, concisely, and clearly. Further, Analyze with Legal Basis and Application in each question 1. In your own understanding kindly explain the (5) sources of obligations and cite at least (1) example each source 2. Distinguish Civil Obligation from Natural Obligation? 3. What are the remedies which are available to the creditor in order to protect his rights against the debtor? 4. Ma’am Jenny is obliged to transport the goods of Ma’am Irish from Manila to Cebu, and Ma’am Irish is obliged to pay Ma’am Jenny 10,000 Pesos as transport cost, under contract of carriage. i. Who is the active subject? ii. Who is the passive subject? iii. Which is the prestation? iv. What is the efficient cause?Subject: Business Law Discuss what is intoxication in law ? How can an person avoid a contract entered into under intoxication? Using the following case and THREE of your own, You are required to research relevant case laws on this matter and discuss in detail. Also discuss in detail the outcome of the cases. Nash V. Inman (1908) Sherrington v. Sherrington (2005) Howe v. Smith (2017) Additional requirements Introduction- The introduction and objectives are clearly stated. Background and context are clearly articulated and linked to objectives effectively. Analysis- Analysis is highly relevant to the assignment requirements and presented clearly and logically. Very strong link made between theory and practice. Case laws- The Case law presented and facts is highly relevant to the assignment Conclusion- Conclusion is clearly stated and connections to the arguments and positions are clear and relevant. The underlying logic is explicit.With reference to the English legal system: a) elaborate on what is meant by common law and its advantages and disadvantages b) identify the key characteristics of case law (how cases are decided) and explain the doctrine of prece
- The Supreme Court of State G decided that the U.S. Constitution requires professors to warn students of their right to remain silent before questioning the students about cheating. This ruling directly conflicts with a decision of the Federal Court of Appeals for the circuit that includes State G. a. Must the Federal Circuit Court of Appeals withdraw its ruling? b. Must the Supreme Court of State G withdraw its ruling?What is the National Conference of Commissioners on Uniform State Laws? A group of experts who develop laws for states to adopt so that laws on specific subjects will be the same from state to state An organization made up of representatives from the legislatures in each state that negotiates changes to state laws intended to standardize state laws A committee of the U.S. Congress whose purpose is to propose how differences in state laws can be resolved A committee of the American Bar Association whose purpose is to recommend to the U.S. Congress how differences in state laws can be eliminated What is the legal concept that rulings made by the highest courts must be followed by lower courts in future cases? Civil law Model laws Stare decisis Restatement of the law1 Discuss the distinguishing factors between Jooste v Score Supermarket Trading (Pty) Ltd (Minister of labour intervening) (1999) 2 BCLR139 (CC) and Mankayi v AngloGold Ashanti Ltd (2011) 6 BLLR 527 (CC) decisions insofar as claims for compensation is concerned. Note:- Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism. Answer completely. You will get up vote for sure.