The old common law had a doctrine of absolute contract under which contractual obligations were binding no matter what might occur (Paradine v Jane, 1647). In order to ease the hardship which this rule caused in cases where the contract could not be properly fulfilled through no fault of either party but due to occurrence of unforeseen events, the doctrine of frustration was developed. The original theory was that frustration discharged
MLC101 Business Law Short Essay Yu Peng YUPC1501 Word Count:1107 Introduction Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 ()will affect from 12 November 2016. it has changed some sections to the Australian consumer law. Last version of this law only applicable to the individual consumer, Act 2015 extend the scope to the small business that employs fewer than 20 persons. This thesis will discuss the following questions; What is an unfair
The rules of law must be prepared to justify themselves against criticism and therefore it seems appropriate to consider the rules which under the common law prescripts what are the essential requirement by which it is determined whether an agreement can be legally obliged. It appears whether an approach can be adopted by the Court is when there is a seriousness intention to enter into such obligations which is enforceable at law. Of course, if there is no incapacity or impossibility in circumstances
promise.”1 Whilst the doctrine of consideration does, in some cases, cause parties to experience injustice, sometimes something that the courts fail to resolve, consideration is a crucial element to the formation of a legally binding contract. This paper will not only explain why the High Court should not abolish the requirement for consideration but will also highlight its usefulness in contract formation. Origin of the Doctrine of Consideration The origin of the doctrine of consideration can trace
Employment at-will Employment at will is a common law that governs work relationships in most states in the U.S. The rule states that if an employee is contracted by an employer for an indefinite period of time then the contract can be terminated by either the employee or the employer at any time and for any given reason unless there is another law in places that guide otherwise. This simply implies that if an employee is hired under the ‘at will’ law then the employer can fire the employee for any
binding under the doctrine of promissory estoppel. Promissory estoppel excludes the general need of consideration within a contract and stops a person going back on their promise. This is to avoid any injustice. This essay will look at how promissory estoppel relates to the doctrine of consideration and whether it overlaps when considering the creditors promise to accept less. Consideration is where the parties need to promise to do something or give something. The common law helps us understand
1. law is not and an exact science. Lawyers cannot provide a precise answer to a legal question or predict with certainty the outcome of legal disagreement. Law and medicine are similar fields; both are practiced and that change is common. Legal uncertainty is as complication as the human body or as human society The law is interpretation which create uncertainty, and when questions are answered by the courts or legislature, those answers may change the act of higher court, someone with greater
enforceable contract was entered into between Milhouse and Bart for constructing a deck. After the contract was entered into Bart requested Milhouse pay an additional amount of $3,000 as the work could not be completed with the amount stipulated in the contract. Milhouse agreed to pay the extra amount. Later after the work was completed Milhouse disagreed to pay the excess amount. Issues • Whether the promise by Milhouse to pay Bart an additional $3,000 is enforceable in law? Rules In order to
Contract Law Bingham LJ's statement expresses well the purpose of the doctrine of frustration which is to moderate the general rule, as expressed in Paradine v. Jane (1647), that, unless they have been expressly qualified, contractual obligations are absolute. It does not tell us much about the underlying principles of the doctrine. How and when does it apply and what are the effects? Contract law needs certainty and a doctrine that excuses parties from the performance
The doctrine of Indoor management, popularly known as the Turquand's rule initially arose some 150 years ago in the context of the doctrine of constructive notice. The doctrine of constructive notice of a company's public documents was, of course, abolished prospectively. The rule was partly dictated by practical necessity - persons contracting with a company were not expected to spend their time checking that any required resolutions had properly been passed, at meetings that had been correctly