3. Contract Law “Is My Agreement an Enforceable Contract?” The Law of Contract involves answering 4 questions: (1) Is my agreement an enforceable contract? Are all of the elements of a contract present. (2) If so‚ what does it require me (and the other party) to do? - What “promises” have become terms of the contract. (3) Can I get out of it (without paying some form of penalty)? - Was the formation of the contract defective in some way (ie were there any ‘vitiating elements’ present)
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“Aquinas and Hobbes Views On “Natural Law” November 5/08 Snezana Miletic 20217149 PHIL 221 Paul Simard Smith Assignment # 2 (with extension) The theory of “Natural Law” first originated in Ancient Greece. Many philosophers discussed their own views on natural law‚ as it played an important part in Greek government. Some of these philosophers included St. Thomas Aquinas and Thomas Hobbes. For Aquinas‚ natural law exists in the individual’s conscience‚ opposing to Hobbes belief that
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THE LAW OF EQUITY Class Notes by J. K. Asiema © 2005 University of Nairobi TOPICAL OUTLINES 1. Historical Origin and Development of Law of Equity in England 2. Maxims of Equity 3. Equitable Remedies include Injunctions‚ Specific Performance Etc. 4. Application of Equity in Kenya - The Nature‚ Historical Origin & Development Of Law Of Equity In England DEFINITION OF EQUITY Equity has an ordinary meaning and a technical meaning. In the ordinary sense‚ equity means fairness‚ justice
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The strict application of Natural Law goes against common sense Natural law is a theory that if we use reason‚ we can apply an eternal and absolute moral law. Aquinas believed that the application of this law can help us discover our purpose and achieve it while producing a perfect world. However there are those who believe that natural law can often create controversy and defy common sense. An advantage of Natural Law is how easy it can be made universal for all. It can be used as a universal
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nations in the world nowadays‚ and each has a different set of laws that govern its people and its relations with the rest of the world. Whereas‚ international law governs relations between states‚ institutions‚ and individuals across national boundaries‚ municipal law governs this same person within the boundaries of a particular state. The comparative law‚ which is the study‚ analysis‚ and comparison of the different municipal law systems‚ classifies countries into legal families. The two widely
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"The law is the law": An analysis of law and justice in Antigone and Trifles Néstor Díaz Dr. Rosa Vallejo INGL 3012 LI1 March 19‚ 2011 "The law is the law": an analysis of law and justice in Antigone and Trifles “Objection!” The lawyer acts quickly in an attempt to disallow a certain piece of evidence. He or she considers the evidence unjust and opposes its use. The lawyer’s opposition may bear fruit in the form of a rejection to said piece of evidence. Much like a lawyer opposes an
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Running head: Compare and Contrast Civil with Criminal injuries Compare and Contrast Civil with Criminal injuries Nora Kelgin October 19‚ 2013 Tort Actions A tort actions is a form of civil law‚ which are intentional tort‚ torts of negligence‚ and strict liability torts‚ the vast majority of legal issues in the United State involve this‚ such as divorce‚ child custody‚ child support‚ domestic dispute‚ consumer problems‚ defamation‚ and injuries due to a person
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The place of natural law in Kenya’s Jurisprudence Natural law propounds that true law is right reason in agreement with nature. It denies that the conditions of legal validity of laws are purely a matter of social fact. Natural law is based on the principle that although man exists in nature‚ he has his own nature. The nature of man is to procreate‚ protect his family and preserve his life. Natural law is the law which helps man to achieve these objectives. In general‚ the natural law theory seeks
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The natural law theory is the point at the crossing between morals and laws. It can be argued that the Declaration of Independence of 1776‚ which states‚ “life‚ liberty‚ and the pursuit of happiness‚” has conveyed the natural law theory in its finest. The Declaration of Independence puts it‚ “We hold these truths to be self-evident‚ that all men are created equal‚ that they are endowed by their Creator‚ with certain unalienable rights.” St. Thomas Aquinas interpreted natural law as the basic notion
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Charlie Wass 7598 What are the main tenets of Natural Law? Do the strengths outweigh the weaknesses? (25) Natural law is the belief that man desires happiness‚ however for the philosopher Thomas Aquinas‚ he believes this mean fulfilling our purpose as humans. Natural law was an ethic rooted in the philosophy of Aristotle‚ in the 4th century. He came up with the idea that everything in life serves a purpose and therefore distinguished efficient causes from final causes. The efficient cause is what
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