The definition of ‘consideration’ according to the case of Currie v Misa is that consideration may consist either some detriment suffered by one party or some benefit accruing to the other. Consideration is important to a valid contract because an agreement without a valid consideration is not enforceable. The doctrine of consideration is a very uncertain and incoherent area in the law of contract. The doctrine of consideration involves loads of case law that is contradictory with each other, and is subject to a great deal of debate and argument. One area of difficulty is that it is not clear when a person’s performance of, or a promise to perform, a pre-existing obligation can constitute good consideration.
Generally the performance of an existing contractual obligation owed to the same party making new promise does not constitute good consideration. The old case of Stilk v Myrick had been established as the legal principle where the performance of an existing contractual duty possibly will not be good consideration for a new promise from the party to whom
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The cause for the doubt concerns with the extent of the decision made by the Court of Appeal in Williams v Roffey Bros & Nicholls (Contractors) Ltd where it proposes that performance of an existing contractual obligation owed to the promisor can constitute good consideration if it brings about a ‘practical benefit’ to the promisor. In South Caribbean Trading Ltd v Trafigura Beheer BV, Colman J have doubts regarding the correctness of the decision in the case of Williams v Roffey Bros & Nicholls (Contractors) Ltd. Colman J specifically noticed that the decision was not consistent with the established rule that consideration must move from the promise, as well as that the House of Lords had yet to declare that the case of Williams v Roffey Bros & Nicholls (Contractors) Ltd was wrongly
Riverside, California there seemed that a lot of change was needed and the Chief Fortier was intended to be a "change agent. " Often, the person who takes the lead in an alternative effort of the magnitude has become destined for a short tenure, because the alterations upset so many people in the organization. Chief Fortier experience might become compared with those of Chief Davis in Lowell and Chief Mangan in Spokane. Did Davis or Mangan do better, or was the situation in Riverside simply more challenging?
Since the 1970’s people have been going to court to ask the government to legalize gay marriage. From the cases in 1970’s like Loving v. Virginia and the more recent cases like United States v. Edith Windsor. In this case, Windsor and Thea were a same sex couple who were married in Canada, but they lived in New York which recognized their marriage. After Thea passed away, the estate was left with Windsor. Under federal law their marriage was not recognized, so Windsor was asked to pay taxes on the estate.
The Supreme Court stated, since the board gave no explanation behind the foreswearing of a conscientious objector exemption, and it is difficult to decide on which of the three grounds offered in the Justice's letter that board depended, Ali's 1967 conviction must be overturned. The Incomparable Court choice was passed on June 28, 1971. As per that record, Marshall had reaccused himself on the grounds that he had been U.S. Specialist General when the case started, and the staying eight judges at first voted 5 to 3 to maintain Ali's conviction. Nonetheless, Harlan, relegated to compose the lion's share assessment, got to be persuaded that Ali's case to be a noncombatant was genuine subsequent to perusing foundation material on Black Muslim
I believe Justice O’Connor’s plurality opinion of Jennifer Troxel et vir. V. Tommie Granville (802-803) was an example of a “good opinion.” The piece was both well-written and backed by appropriate precedent; O’Connor cited Meyer and Stanley v. Illinois, supra, observing, “[The] interest of parents in the care, custody, and control of their children [is] perhaps the oldest of the fundamental [due process] liberty interests recognized by this Court” (802). He additionally emphasized that the Court had not found Granville an unfit mother, nor had the Troxels accused her of being one when the case began. I find the majority opinion of Robin Joy Shahar v. Michael Bowers to be an example of a “bad opinion” for several reasons.
Issue Whether the land title conveyed from the Indian tribes to private persons prior to the American Revolution is accepted in a United States court? Facts Joshua Johnson (plaintiff) inherited a tract of land from his father, who bought the land from the Piankeshaw Indians prior to the American Revolution at which time the Piankeshaw Indians lived on the land. The county of Illinois in which the land was located was created by the State of Virginia after the Declaration of Independence. The land was then conveyed to the United States government by the Virginia delegates to Congress.
Johnson v. McIntosh was a title dispute over acres of land in present-day Illinois. The case, decided by the U.S. Supreme Court under Chief Justice John Marshall in 1823, turned on the question of whether or not Native Americans had the right to transfer land title by sale to private citizens. Like many cases that determined the rights of Native Americans, the litigants were non-native whites. The inquiry “therefore, is in a great measure, confined to the power of Indians to give, and of private individuals to receive, a title which can be sustained in the Courts of this country” (pg. 13). In finding for the defendant McIntosh, the court ruled that the nature of Indian title is such that Indians can only transfer title to the federal government.
The case Howes v. Fields was involved with the Miranda rights. The case is about an inmate´s confession about a sex crime without having the police officers questioning him telling him his Miranda rights. Mr. Fields had been brought to the jail of Michigan because of disorderly conduct. While being in jail Mr. Fields had been questioned by the police for several hours about the disorderly conduct. He was not told his Miranda rights, but he was told he was free to go back to his cell whenever he wanted too.
I, Sydney Fikse, of sound mind delegate my sister, Carlie Fikse, as my agent if I enter a state where I am unable to make decision for myself. If my agent is unwilling or unable to serve as my agent, I appoint Whitney Johnson. I trust these two to make decision regarding my health and safety. I giver her permission to consent to or refuse any medical, surgical, or hospital health care I may need. This power of attorney is applicable is the case that I am unable to speak or soundly make decisions for myself.
The Melton v. Young case is about a high school student that was suspended for wearing a jacket with a Confederate flag. The issue that was discussed is, whether or not the school officials could suspend a student for wearing Confederate flag. The clothing sparking racial tension was also discussed. The racial tension from the previous year was an argument for the defense because it can be said that the jacket could have refueled this. The defense also stated that the Melton family was informed of the new rules and chose to break them.
I do not believe there is a contract to convey real property between Wilbert Heikkila and David McLaughlin. McLaughlin agreed to buy three parcels of property for $145,000, $32,000 and $175,000. McLaughlin submitted his offer to Heikkila and earnest money checks. However after McLaughlin submitted the written offer to Heikkila, Heikkila changed the selling price of all three parcels, change the closing dates, and added a reservation.
However, it must be determined whether Das’s promise to come until Monday constitutes sufficient consideration. Since, no deposit was made that is there was not sufficient consideration. Das would have to prove that he gave some sort of consideration to Ali to keep the offer open and if Das has taken a bank loan, the court may consider it as a valid consideration. Otherwise, the agreement does not stand according to the law. Therefore, Das cannot have any legal action against
Issue 6- Does the Act violate the Procedural Due Process? Conclusion 1.
Title: Mendez v. Westminster (1946) Abstract: The Mendez v. Westminster (1946) was the stepping stone to ending school segregation in California. The lawsuit was led by Gonzalo Mendez and five other parents who were denied enrollment of their children in an Anglo school. This led them to protest and then file a class-action lawsuit against the Westminster School District of Orange County California. Accusing them of segregating Mexican and Latin decent students.
Here a compensation tribunal was set up to compensate the families of victims who had died in the Stardust tragedy. The grieving father of one victim sought a review of a decision made by the tribunal to award the mother of a victim compensation and the father no compensation. The court refused to quash the decision of the tribunal and, strangely, agreed that there were circumstances which justified awarding of compensation to one parent and not the other. This decision was made by a court which was quite critical of the approach taken by Lord Diplock in GCHQ. Henchy J. said he would be ‘slow to test reasonableness by seeing if it accords with logic’ and would be ‘equally slow’ to accept the moral standard criteria believing it a vague and inconsistent principle to base reasonableness on.
It was revealed by a survey carried out by National Consumer Council how unhappy and unsatisfactory people were with the Civil Justice System. The main weaknesses identified were that the system being too slow, too complicated for ordinary people to understand and too outdated and costly. In the continued criticism of the system Lord Woolf was appointed by the government who came up with suggestions and solutions to overcome these problems. As a result Civil Procedure Rules came into force on 26th April 1999 introducing different reforms to the system. The rationale of the reforms was to avoid litigation and promote settlement between the parties at dispute.