Introduction A Contract is a pledge that is enforceable by the law. The pledge could be to either perform or refrain from an act. Creating a contract needs the mutual consent of two or more people, one who makes an offer (Seller) and another of who accepts (Buyer). When one party fails to deliver on...
Principles and Risks of Partnerships, Trusts And Company Law The partnership is largely based on the principles of trust, commitment and respect between the partners mutually agreed upon a goal and outcome. The partners identify their strengths and weakness and share their assets and capabilities for the business. The partners have a feedback mechanism aimed...
Contracts and Legislation Relevant Legislation There are two types of legislation concerning contracts: Contract Law Consumer Law The Competition and Consumer Act of 2010 (CCA) is the main legislation that governs contracts. The Consumer Law, which is contained in the Competition and Consumer Act of 2010, controls ‘consumer transactions for all goods and services, except...
In reference to Francis Newark’s, it is evident that the tort of nuisance has been subjected to significant criticism through its ill formed origins and lack of boundaries. The criticism of this tort lies in its limited scope, which struggles to stand up to the test of time in providing environmental protection in a modern...
Negligence is a civil wrong based on the relationship between two parties, focusing on the doctrine known as neighbourhood. A compensation culture is one where there is an obligatory feeling to ‘blame, claim and gain’ once an individual has been wronged. This essay argues that negligence claims can create a compensation culture and costly redress...
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A contract is an agreement that the law will apply and it’s created between two or more parties or between businesses where both parties will sign a contract if they agree to the offer of one party. Acceptance is important in a contract as both parties would have to accept or reject the offer that’s...
Introduction “A woman is human. She is not better, wiser, stronger, more intelligent, more creative, or more responsible than a man. Likewise, she is never less. Equality is a given. A woman is human.”― Vera Nazarian, The Perpetual Calendar of Inspiration. Ladies and men must not just be given equivalent access to assets and opportunities...
Introduction The law of tort consists of principles and rules that pinpoint the various civil wrongs and the liability they evoke. It is inherited from English Common Law traditions and at times can be a millennium old. The tort of negligence is a substantial, though relatively modern area of tort. Whereas previously the law of...
Tort law is Civil Law and applies when contract cannot be reputable. The purpose of Civil Law is not to penalise people, but to recompense them for the wrongdoing of the defendant. The Breach of Duty of Care falls directly under the Tort of Negligence, Tort of Negligence came about due to loss or damage...
When signing a contract, both parties agree to honour the terms of the contractual obligation. These obligations can be breached by defective, delayed or failed performances and entitles the injured party to a course of action, as they did not receive the benefits of deal that was legally agreed upon. The action an injured party...