The presumption of innocence is widely accepted as an integral and significant principle of the criminal justice that lawyers all over the world adhere to as it is a tenant of the Criminal Law. The presumption of innocence can be defined as a misnomer; a name that is wrongly or unsuitably applied to a person or an object. It also can be described as an assumption made towards an innocent that is included in the absence of opposing evidence. It is shown in the case of Taylor v Kentucky, 436 U.S. 478, 98 S. Ct 1930, 56 L. However, it is not considered as an evidence of the defendant’s innocence and it does not require any compulsory inference that are favourable towards the defendant from any facts of the evidence. In some countries like South
Contractual capacity is a slight bit different and means that both parties must be within the legal age limit, sound mind and legally able make the binding contract. As far as we know, they are both in sound mind and able to commit to this agreement. Therefore, this would be legal if all other elements had been met. Finally, the element of a legal object would mean that the contract would not break any moral or legal laws. Since the manager wanted to exclusively sale this product as long as Mr. Stevens has no other contract this would be considered moral and would again be a binding element.
The Duty to Comply This is the most basic duty of why the consumers enter the contract at the first place. It is the business firms’ duty to provide consumers with a product that fulfill all the promises made by them that trigger the consumers to buy the product. The sellers also have the duty to let the consumers understand the positive and the negative part of the products purchased by the consumers. Hence, the sellers must have corrected the misunderstanding that the consumers had, given the sellers were aware of
There is a great similarity between these two provisions. Another feature of this article is that it has been included in the list of the non-territorial provisions of art.1(2) . That is to say a party can even rely on art.8 when lex loci is in a different state, with the only connection to the adopting state being perhaps that the court action was brought there. Article II(3) reads ‘The court of a contracting state , when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article , at the request of one of the parties, refer the parties to arbitration , unless it finds that the said agreement is null and void, inoperative or incapable of being performed’. This article can be seen as on one of the pillars of the model law and no instrument of law that supports arbitration can be envisaged without a similar provision.
Importance of the elements of a valid contract The essential elements of a valid are significant to the formation and existence of the contracts. They serve the general purpose of making contracts valid and also help separate contracts from other promises. The element of consideration is important in that it creates the value for the contract. Through it, the promisor is protected from the liability of granting and false promises. Offer is essential as it is used to hold the promisor liable for a promise given even if there is no consideration
A binding contract is an agreement between two or more parties, giving rise to rights and obligations are recognized and enforceable by law. The five essentials of a valid contract are capacity, offer, acceptance, intention to form legal relations and consideration. Capacity is the first element to form a legally binding contract. The three factors are minority, intoxication and insanity. The three factors have to be present in order the person to enter into a contract.
1.Introduction The purpose of this essay is to critically discuss the importance of the development of the Roman law concept obligatio. The obligatio can be looked at as a watershed in the scientific discipline of jurisprudence. The term itself, in its most literal form means that something or someone is bound. Justinian advanced the famous definition ‘Obligatio est iuris vinculum, quo necessitate adstringimur alicuius solvendae rei sceundum nostrae civitatis iura’ which can be loosely translated as: an obligation is a legal tie which binds us to the necessity of making some performance in accordance with the laws of our state. This essay will explore the concept obligatio from its earliest form in ancient Rome through history (until) the
Or is it a rule of law, or an argument, or a fact? Or is it all of these things? As the literature shows, particularly since the publication of Thayer‟s book entitled A Preliminary Treatise on Evidence at the Common Law in 1898, many authors have raised these questions and tried to provide answers. The 7th edition of Black‟s Law Dictionary considers presumption as a “legal inference or assumption that a fact exists based on the known or proven existence of some other fact or group of facts” and it states that “most presumptions are rules of evidence calling for a certain result in a given case unless the adversely affected party overcomes it with other evidence. A presumption shifts the burden of production or persuasion to the opposing party, who can then attempt to overcome the presumption.” In other words, presumptions signify legal inferences or assumptions that trigger the drawing of conclusions from proved
There are five essential features that must exist in order to enforce a contract. The features are; agreement, consideration, intention to create legal relations, capacity and absence of vitiating factors. Agreement is when one party offers and another party accept. Agreement is achieved when both parties assent with one another. The second fundamental feature is consideration, this is when the parties exchanges promises to give or to do something for one another.
Consideration is one of the four essential elements in forming a legally binding contract. Currie v Misa (1875) LR 10 Ex 153 has defined valuable consideration as “some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other”. The rule that ‘consideration need not be adequate’ means that once something of value can be shown, the court makes no inquiry into whether the thing offered is a genuine equivalent of the promise made because “the adequacy of the consideration is for the parties to consider at the time of making the agreement, not for the Court when it is sought to be enforced” . Some people might argue that this has emaciated the consideration doctrine because there will always be arguments and discrepancy over the