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Example research essay topic: Sum Of Money Contract Law - 1,653 words

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... the Court can offer the same remedies (Colebatch, 46). The definition of a federal board, commission or other tribunal is found in section 2 of the Federal Court Act. The particular boards, commissions and tribunals in regard to which judicial review may be sought in the Court of Appeal are listed in section 28. As of this writing, they are the following (Ackerman, 49): An application for judicial review in either division must be made in accordance with the provisions of section 18. 1. (1) An application for judicial review is an originating application and must be brought by petition. (2) On an application for judicial review, the court may grant any relief that the applicant would be entitled to in any one or more of the proceedings for: (a) relief in the nature of mandamus, prohibition or certiorari; (b) a declaration or injunction, or both, in relation to the exercise, refusal to exercise, or proposed or purported exercise, of a statutory power (Warhurst, 160). In general terms, administrative law is the law governing the administration of government business.

It governs both central and local government and public bodies in their exercise of statutory or other public powers, or when performing public duties. In both civil and common law countries in Europe, these types of functions are sometimes called public law functions to distinguish them from the private law functions, which govern the relationships between individual citizens and some forms of relationships with the state. For example, if a citizen works in a state-owned factory and is injured, he or she would sue as a private law function. It should also be note that if residents of the surrounding community were concerned about a decision to enlarge the state-owned factory because of environmental pollution, the legality of the decision may be reviewed by the courts as being a public law function (Stretton, 66).

In terms of administrative review, the basic and the most important question asked is not whether a particular decision is right, or whether the judge, had he been the minister or the official, would have come to a different decision. The questions are: what the power or discretion which the law has conferred on the official is? And has that power has been exceeded, or otherwise unlawfully exercised? For example, in England, a local authority was given the statutory power to provide wash houses where people could come and do their own laundry. It should also be noted that a court decided that this power was not sufficiently broad to permit a local authority to open a full laundry service which was trading for profit (Colebatch, 42). 4.

What are the elements of "consideration" in contract law. Give examples. Contract law is the law that governs contracts. A contract can take several forms - it can be written on a piece of paper (or napkin, even) or it can be just a verbal agreement if it satisfies the Statute of Frauds. A contract is basically an agreement between two or more people which creates an obligation to do, or not do, something. The agreement creates a legal relationship of rights and duties.

If the agreement is broken, then the law provides certain remedies. There are three factors necessary to create a contract: 1) an offer, 2) acceptance, and 3) consideration. One party makes an offer, the second party must accept the offer and there must be consideration exchanged (Colebatch, 43). One of the other important elements of contract law, which is difficult for the non-lawyer to understand, is the requirement of consideration (Stretton, 69). "Consideration" is what is given by each party to bind the other. It can be money, property, a promise or even the agreement not to do something. For instance, when you buy a candy bar at the convenience store, the candy is the consideration given by the store and the purchase price is the consideration you give.

I should also note that likewise, if a person agrees not to sue another for a sum of money, the promise not to sue is the consideration given (Ackerman, 49). There is a requirement that consideration be "mutual", that is, each party must give consideration. This does not mean that the consideration must be of equal, or close to equal value. If the buyer and seller are willing, a Rolls Royce can be sold for a nickel.

Consideration can also come from a third party. Suppose, after an auto accident, the injured party agrees not to sue the other driver in exchange for a sum of money. Even though the money comes from an insurance company or the other driver's parents, the agreement is still valid and binding (Colebatch, 44). As such, a contract differs from a gift. This also explains why you sometimes hear of very expensive objects sold for $ 1; which is done to ensure that what is essentially a gift, comes with the legal protection of contract law.

Under contract law, there is no contract if there is no consideration (Stretton, 71). Contract law covers the legal implications of a contract. For instance, contract law determines what is and is not consideration, whether a contract was actually intended, if the parties making the contract were legally competent, whether there was fraud or duress involved, or how a contract is terminated. Certain contracts are not legally valid, for instance, if the contract goes against public policy (such as a contract to satisfy a gambling debt). In most instances, people who are not of the age of majority are not allowed to make contracts. When writing a contract, it is important to remember a central principle to contract law - terms of a contract will be construed against the drafter of the contract.

Thus, any ambiguities or uncertainties will be resolved against the writer. For instance, if someone drafts a contract where there is uncertainty as to whether the drafter has to pay $ 500 or $ 800 for a good or service, the contract will be interpreted against the drafter - i. e. he or she will have to pay the $ 800 amount.

But consideration does not necessarily have to be quantified or quantifiable in monetary terms. Any discernible detriment to one of the parties could be that party's consideration. In one case, Hubbs v. Black, 1918, agreeing not to take a certain plot in a cemetery was considered to be sufficient consideration. Giving a right to sue on a "bona fide" claim has been deemed to be adequate consideration. Also, the courts don't really care about the adequacy of the consideration.

This is the business of the parties and not a matter for judicial interference. I should like to note that the consideration must be reciprocal, each party offering consideration. Motive is different from consideration (Stretton, 74). Your motive for contracting is your personal reason for contracting. It may not coincide with the consideration you are giving, or receiving, as part of the contract. If a consideration is already "spent" in a prior contract, a new contract using that same consideration would be valid (Warhurst, 162).

Also, the consideration cannot be something or some act which is illegal, immoral or contrary to public policy (see also the section on Restraint of Trade contracts below). If a certain act is punishable by some law, then it is "illegal." An example would be a work contract to an unlicensed electrician. There is one exception to the requirement of "consideration" and that is a "deed", which is a contract "under seal" or a "specialty contract." In centuries past, persons contracting would drip a drop of hot wax on the bottom of the contract and press a family ring into the wax, thereby signifying consent to the terms of the document. Nowadays, deeds are used mostly in contracts that involve real estate. If a contract is a "deed", then no consideration is required. If charitable donations are made under seal, they are valid contracts even though there is no valid consideration.

Above, it is said that only a party to a contract can sue under it's terms, except for where agents have been employed, this later state of affairs allowing the principal to assume legal rights under the contract. Not so with contracts under seal. Only signatories to a contract under seal can seek to enforce it even if these signatories were agents. This is a peculiar rule of law.

Also, the time limits within which you can enforce contracts under seal may be different, depending on which provincial laws govern the contract. Considering the confused state of common law's contract law component, and the extent of contemporary commercial transactions, the special status of contracts under seal is now so far outdated that it verges on ludicrous. Judges have squirmed when faced with arguments based on "deeds" or "under seal" and have since added that the absence of a seal is not fatal as long as the intention to seal was clear! There is building pressure in legal circles to eliminate the requirement for consideration entirely from the list of contract requisites. Bibliography: Thomas Keneally, ANU Reporter, 12 June 1991, 1.

T W A Baker, "Manning Clark", in Overland 124 - 1991, 28 at 29. H Stretton, "Clark on Democracy" in Australian Book Review, No 227, January 2001, 14. M Dixon, "Clark and National Identity" in Bridge, January, 2001, p. 188. Holt, 224; J Rickard, "Manning Clark and Patrick White: A Reflection" (1992) 25 Australian Historical Studies 116. J Warhurst, "In the Public Arena" in Bridge, 153 - 167.

K Inglis, "Remembering Manning Clark" in Overland, 124 - 1991, 23 - 27. B Ackerman, "Anatomy of a Constitutional Coup" in London Review of Books, 2001. H Colebatch, "Manning Clark - Myth and Reality", Australian and World Affairs No 12 Autumn 1992, 37 - 46. "Honesty is the Best Federation Policy", Sydney Morning Herald, 20 November 2000, 14.


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Research essay sample on Sum Of Money Contract Law

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