Sunday, December 29, 2019

Valuable Consideration in Contract Law - Free Essay Example

Sample details Pages: 5 Words: 1501 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Contract Law Essay Did you like this example? Valuable Consideration in Law of Contract Consideration: Consideration may be the benefit that every party will get or expects to obtain from your contractual deal by way of example, Levis wall socket gets your cash; you receive the jeans. In order for consideration to deliver a legitimate basis to get a contract and understand that every legitimate contract should have consideration every single party must create a change inside their position. Consideration is usually either a result of: a new promise to try and do something you are not legally obligated to try and do, or a promise to not do something youve the to certainly do (often, this implies a promise to not file a new lawsuit). Sometimes this change in position is also called a bargained-for detriment. How does consideration work in the real world? Lets imagine you reinforced into your current neighbours car port and destroyed it. Your neighbour is officially permitted to be able to sue you with the damage but instead agrees not to sue you in case you pay him $1, 000. This arrangement provides adequate consideration with the contract, because every party is quitting something in the exchange, youre quitting some of this money even though your neighbour is quitting the directly to sue you. In some scenarios the actual contract gets to be unenforceable a result of the lack of consideration. Now im going to discuss such form of situations that happen to be as using: One of the parties already legally obligated to perform. This would mean that law enforcement officer just isnt allowed for you to claim the actual reward for capturing the actual suspect because hes legally obliged to record the s uspect to be a lawman. The promise amounts to a gift, not a contract. It indicates that if your rich uncle believed to you to provide you with money for just a car, it amounts to be a promise simply because after sometime if your uncle doesnt provde the money you simply cant claim it from your uncle and the real reason for this is that it is just the promise, not only a contract. The exchange is for past consideration. It means that if someone claims you to give you money with regard to something that youve already done as opposed to court will not likely enforce this particular promise that youve already accomplished it. The bargained for promise is illusory. One example is, the regulations in Ahmeds condition prohibit firing a worker for declining to signal a non compete understanding. Maria symptoms one in any case, under risk of dropping her task. The understanding is unenforceable because Marias workplace cannot carry out what the item promised (or threatened) to complete. A much better approach can have been to produce Maria having some profit or compensation if she signed the agreement, instead of threatening to be able to fire the woman if she didnt.. Case Laws References regarding Consideration Scenarios: Natural Love and Affection is not a valid consideration and with this case it becomes more clear which is; White V Bluett (1853) : In such cases Mr Bluett received lent his or her son some funds and after sometime Mr Bluett died. The executor regarding Mr Bluetts property was Mr Whitened. He sued the actual son to pay for back the bucks which this individual owed. With his defence, the daughter argued in which his daddy had explained the son dont need to repay if your son would likely stop complaining about how precisely Mr Bluett would likely distribute his or her property in his will one of the children. Judgment: It was held that there seemed to be no consideration for almost any discharge with the obligation to se ttle. The daughter had ‘no to complain regardless. Not stressing was therefore a totally intangible gain. Forebearance to sue is a promise not to enforce a valid claim is a good consideration but a promise not to enforce a bad claim is not a good consideration. In Cook V Wright (1861): However, Plaintiffs actually believed which Defendant had been under a new statutory requirement to reimburse them intended for expenditure that they had accrued. Defendant, denying which he was under any such obligation, paid a reduced amount on the sum demanded to prevent litigation. Defendant learned that he had not been under a new statutory obligation to repay and reneged on his guarantee arguing which it was not really supported by consideration. Judgment: The court HELD that his promise was supported by consideration and he had to pay the amount agreed. Performance of duty owed by law is not a valid consideration. In Collins V Godefrey (1831): Plaintiff was subpoenaed to give evidence and alleged that D promised to reimburse her expenses. Judgment: It was HELD that she could not enforce this promise as she was required by law to attend and give evidence and had not therefore provided any consideration for the promise. Performance of duty owed under an existing contract cannot be a good consideration in afterwards promise. In Stilk V Myrick (1809): Sailors jumped ship. The Captain promised to divide their wages among the remaining crew if they agreed to work the ship home shorthanded. The Captain reneged on his promise. The sailors sued. Judgment: It was HELD that they had not provided any consideration and could not enforce the contract. Payment of a smaller sum in satisfaction of a larger sum is no satisfaction of that larger sum. In Foakes V Beer (1884) : Before repayment on the smaller total or payment for the due date on the smaller sum at the place appointed through the creditor and various from the best place origin ally required under the obligation would constitute an important consideration. The tip was upheld through the House regarding Lords throughout Foakes Sixth v Beer Circumstance. Beer acquired judgment next to Foakes who demanded time to pay. Beer consented to take not any proceedings for the judgment throughout consideration associated with an immediate payment with all the balance payable by means of instalments. Foakes paid completely. Beer sued intended for interest. Judgment: The house of Lords HELD that the girl was permitted succeed for the claim. Foakes supplied no consideration on her promise. Payment of the smaller amount by a 3rd party which signifies that when a 3rd party makes the smaller payment with satisfaction on the larger amount the creditor may well not sue the main debtor for allowing the creditor to take action would become a fraud for the third gathering. In Gore Versus Van Der Lann (1967) event it shows that Where a 3rd party makes the smaller paym ent with satisfaction on the larger amount the creditor may well not sue the main debtor for allowing the creditor to take action would become a fraud for the third gathering. Consideration must not be past Rooted inside bargain theory of long term contract the principle that earlier consideration is a bad consideration stems from the point that there isnt any reciprocity – your promisee wont give anything in substitution for the promise on the promisor. The Rule As soon as two get-togethers have entered in a contract and one too later promises an additional advantage, unsupported by way of fresh consideration, that promise just isnt binding about the person so that it is. The original contract as well as consideration is previously. In Riscorla / Thomas (1842) Defendant decided sell some sort of horse for you to Plaintiff. Defendant next warranted this soundness in the horse. Plaintiff couldnt enforce this particular later promise, the consideration for this, entry to the original contract, was previously. Mitigation of the rule In which an act with the promisee was requested with the promisor almost any later promise with the promisor to pay for the act could possibly be referred returning to the first request along with treated because done in a reaction to it. Throughout Lampleigh Versus Braithwaite (1615) within sentence associated with death, asked Plaintiff to secure a pardon via King Wayne I. G did and so. Defendant promised to cover Plaintiff  £1000. It absolutely was held of which Plaintiff could possibly recover this  £1000. The Privy Council imposed limits to the rule in Pao On V Lau Yiu Long (1980). It comprises in three major points which are as following: 1. This promisee will need to have performed the main act at the request of the promisor. 2. It must have been understood that this act will be paid pertaining to. 3. The inevitable promise to repay must have been one efficient at enforcement acqui red it recently been made before performance of the act. Conclusion: Because of the discussion in consideration within the law regarding contract it is clearly visible with the case referrals that beneficial consideration could be the integral part in legislations of contract. Valuable thing to consider always plays a vital role with some of the noted inclusions by the House regarding Lords which might be mentioned previously mentioned. It is usually clearly visible ever since without beneficial consideration, contract cannot be completed. THE END - Don’t waste time! Our writers will create an original "Valuable Consideration in Contract Law" essay for you Create order

Saturday, December 21, 2019

The Population Growth Rate In India Essay - 1562 Words

The Population Growth Rate in India nbsp;nbsp;nbsp;nbsp;nbsp;For many years concern has been voiced over the seemingly unchecked rate of population growth in India, but the most recent indications are that some success is being achieved in slowing the rate of population growth. The progress which has been achieved to date is still only of a modest nature and should not serve as premature cause for complacency. Moreover, a slowing of the rate of population growth is not incompatible with a dangerous population increase in a country like India which has so huge a population base to begin with. Nevertheless, the most recent signs do offer some occasion for adopting a certain degree of cautious optimism in regard to the problem.†¦show more content†¦Under conditions of severe impoverishment, attended as it has traditionally been by high childhood mortality rates, quot;it has estimated for India that in order to have a 95 per cent probability of raising a son to adulthood, the couple had to have at least six childr en.quot; nbsp;nbsp;nbsp;nbsp;nbsp;In general, direct efforts on the part of government to promote family planning have had only limited success in India. In large part this has been due to the factors which have traditionally operated in Indian culture and society to promote large families, of which more will be said later. Here, however, it might be noted that the most common family planning modes have proven difficult to implement under Indian conditions. Where government efforts are concerned, quot;for mass consumption only three methods are...advocated: sterilization (vasectomy for fathers and tubectomy for mothers), IUDs and condoms.quot; Sterilization has traditionally met with strong resistance among uneducated sectors of the population who associate it with loss of virility or feminimity, and, often being irrevocable, it has been a source of understandable concern in a society where couples who may already have several children risk losing some or all of them as a result of such facto rs as epidemics earthquakes or floods.Show MoreRelatedThe Population Growth Rate in India1566 Words   |  7 PagesThe Population Growth Rate in India For many years concern has been voiced over the seemingly unchecked rate of population growth in India, but the most recent indications are that some success is being achieved in slowing the rate of population growth. 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The high fertility rate is due to the impecunious of the country.Read MoreOverpopulation and Over- Consumption in India Essay733 Words   |  3 PagesCurrently, the population of India is at a formidable amount of 1.27 billion and estimated to have 1.6 billion people by 2050. What will happen if countries like India keep growing? This issue is known as overpopulation. Overpopulation has become a very prevalent topic in the last ten years and if not controlled, it could affect all countries on earth. Although overpopulation appears to be an insuppressible issue, there are some different ideas and methods that have been used to help this problemRead MoreRapid Population Growth : A Country With The Largest Human Population1378 Words   |  6 Pagesmore rapid population growth rates in mid-transition than historically observed in the North. Two factors account for this very rapid expansion of popu lation in these still largely traditional societies: the spread of medical technology such as immunization and antibiotics after World War II, which led to vastly rapid declines in death rates, and a lag in declines in birth rates. Nigeria is a country with the largest human population in Africa. Some of the results of human populations are; depletionRead MoreHuman Geography : Study Of Spatial Pattern And Spatial Organization Of Human Activities1103 Words   |  5 Pagesthe characteristics of human populations. Demographics allow geographers and government agencies to look at population data from the past and the present to predict future trends in population growth or decline (Knox, 2013, p.2, 99-101). 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Thursday, December 12, 2019

Compassion vs Insensitivity Essay Example For Students

Compassion vs Insensitivity Essay In the novel, To Kill a Mockingbird, Scout learns a valuable lesson about compassion in dealing with the prejudices and insensitivities present in her southern town of Maycomb. Although the majority of her hometown is prejudiced, Scouts mind remains non prejudice and caring of others. To her, all people are equal, so therefore, should be treated equal. Scout is an individual and someone who will stand by her own perspectives no matter how cruel other people can be. In her life, Scout learns to treat all people fairly One of the most important people in Scouts life, is her father, Atticus. Atticus is a lawyer who deals with a very tough case involving a black man and his rights. Although Atticus is a single father, he manages to teach his children right from wrong. He makes it a common practice to live his life as he would like his children to live theirs, and displays the characteristics of an honest, respectable, and kind man. Atticus demonstrates his feelings by showing the highest respect for everyone in Maycomb, regardless of their color or class. His serious defense for Tom Robinson, a black man accused of raping a white woman, proves his high ideals. Throughout the trial, Atticus shows Jem and Scout that all human beings, despite their race, deserve respect. Throughout her life, Scout understands what it means to be courageous. In the beginning of the novel, Scout faces terrible encounters with her neighbor, Mrs. Dubose. Mrs. Dubose often shouts vicious comments and criticizes the children as they pass, though they have tried in every way to treat her in the kindest manner. One day, however, after Mrs. Duboses comments get out of hand, Jem cuts off the tops of her camellias in a rage. Atticus finds out about it and orders him to apologize immediately. Unfortunately, for Jem, his punishment is to read to Mrs. Dubose for an hour each day for a month. Scout sticks to her brothers side and makes the horrible trips with him. Shortly after the end of Jems punishment, the children find out that Mrs. Dubose had passed away from morphine addiction. Atticus explains to the children that Mrs. Dubose acted in such a mean manner because she was going through such pain. As a result, Jem and Scout gain an understanding for the type of person Mrs. Dubose was and her views of life. When Scout and Jem meet Dill, their daily adventures become more exciting. After hearing the horrible tales of Boo Radley from Jem, Dill creates games about Boo. The children wonder about Boo and his strange way of life, but really have no idea of who he is. At one point, the children trespass the Radley property in hopes of finding some clue which will better explain Boos character. As the story progresses, Boo becomes more of a symbol of kindness and bravery than that of a freak, which he is thought to be. He leaves treasures for the children in the hollow trunk of a tree, and watches out for Jem and Scout whenever possible. In the end, Scout realizes that Boo is not a monster at all, but simply a person who is misunderstood by the people of Maycomb. At the end of the story, both Jem and Scout have better perspectives on racism and human dignity. They learn about prejudice, courage, and judging others. Though racism is a controversial matter in their town, Jem and Scout manage to escape from other peoples ideas and secure their own. For example, throughout Tom Robinsons trial, Jem and Scout keep their beliefs about his innocence. They saw him for who he was, not for the color of his skin. Later on, Scout also realizes that she was the same towards Boo Radley. .u627f9d459ab6647a32e5e79dc8f6c255 , .u627f9d459ab6647a32e5e79dc8f6c255 .postImageUrl , .u627f9d459ab6647a32e5e79dc8f6c255 .centered-text-area { min-height: 80px; position: relative; } .u627f9d459ab6647a32e5e79dc8f6c255 , .u627f9d459ab6647a32e5e79dc8f6c255:hover , .u627f9d459ab6647a32e5e79dc8f6c255:visited , .u627f9d459ab6647a32e5e79dc8f6c255:active { border:0!important; } .u627f9d459ab6647a32e5e79dc8f6c255 .clearfix:after { content: ""; display: table; clear: both; } .u627f9d459ab6647a32e5e79dc8f6c255 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u627f9d459ab6647a32e5e79dc8f6c255:active , .u627f9d459ab6647a32e5e79dc8f6c255:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u627f9d459ab6647a32e5e79dc8f6c255 .centered-text-area { width: 100%; position: relative ; } .u627f9d459ab6647a32e5e79dc8f6c255 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u627f9d459ab6647a32e5e79dc8f6c255 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u627f9d459ab6647a32e5e79dc8f6c255 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u627f9d459ab6647a32e5e79dc8f6c255:hover .ctaButton { background-color: #34495E!important; } .u627f9d459ab6647a32e5e79dc8f6c255 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u627f9d459ab6647a32e5e79dc8f6c255 .u627f9d459ab6647a32e5e79dc8f6c255-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u627f9d459ab6647a32e5e79dc8f6c255:after { content: ""; display: block; clear: both; } READ: The Cost Of Buying A Used Car Essay When she first meets him, she learns how unfair she had been to him, believing all the horrible stories without actually knowing him. 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