Assignment: The Rules of Law Enforcement In the first case the police conducted a lawful search of the suspect. They searched the suspect prior to arrest‚ since the arrest was based on probable cause. This search was valid because it was incidental to the arrest. In the second case‚ the police officers conducted a search that required a warrant. In this case‚ the officers only had an arrest warrant. The fact that the officers gained entry to the house through a 14 year old child was wrong‚ since
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It is trite law that an insurer under a contract of indemnity insurance‚ who has satisfied the claim of the insured‚ is entitled to be placed in the insured’s position in respect of all rights and remedies against other parties which were vested in the insured in relation to the subject-matter of the insurance1. Where the insured has proceeded against the third party after the insurer had paid out the claim and without the insurer’s authority as happened in Visser v Incorporated General Insurances
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shows that there are two types of courts in which sentencing takes place Magistrate’s court and the Crown court. Criminal cases are dealt with in either of these two courts (Newburn 2007). Firstly‚ this essay will look at the functions and roles of both Magistrates and Crown courts. Secondly it will describe what cases are expected to be handled at each court and their jurisdictions. it will then go on to discuss various strengths and weaknesses of these courts. Furthermore it will examine the roles
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OUTLINE OF LECTURE IN LAW ON CONTRACTS (Defective Contracts) 1. Defective contracts a. Rescissible contract – valid until rescinded; b. Voidable contract – valid until annulled; c. Unenforceable contract – cannot be sued upon or enforced unless ratified; d. Void contract – no effect at all‚ cannot be ratified or validated 2. Rescission Rescission is the remedy granted by law to the contracting parties and sometimes even to third persons in order to recover indemnity
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Non-Defining Relative Clauses A relative clause is a clause that generally modifies a noun or noun phrase‚ and is introduced by a relative pronoun (which‚ that‚ who‚ whom‚ whose)‚ a relative adverb (where‚ when‚ why) or a zero relative. They are also known as an adjectival clause. For example: - Can I have the pencil that I gave you this morning? - Yesterday I called our friend Julie‚ who lives in New York. - In the summer I’m going to visit Italy‚ where my brother lives. There
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Contracts Exam Notes Monika Petrusevska + Kieran Paskin 2012 The 17th day of the 6th month in the 2013th year IS THERE AN AGREEMENT (Satisfy the three elements) Offer and acceptance between more than 2 parties - Clarke v Dunraven May be necessary to look at whole course of dealings - Empirnall Holdings v Machon Was there an offer? – Step 1: Define + State what type of contract Expression to another of willingness to be legally bound by terms – Australian Woollen Mills v Commonwealth
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Wally‚ business owner of Windy City Watches is located in downtown Chicago‚ IL. Business is booming and Wally needs to buy a large quantity of Rolek watches which sell for $50 apiece. He calls Randy Rolek‚ the wholesaler located in Milwaukee WI. They discuss terms on the phone for a while before coming to an agreement in which Wally offers to buy 100 watches for $25 each. Randy sends over an order form in which Wally states that he is agreeing to purchase watches from Randy for $25 each‚ but does not
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Formation of contract‚ requirements of writing and personal bar (formative written exercise) The main point of this scenario is whether Alana‚ the previous inhabitant of the home‚ and Edwina‚ the current inhabitant‚ had formed a contract whereby the right of ownership had been passed over to Edwina. After two days of Edwina living in the house she received a letter from Alana telling her they had not formed a contract and that she would have to leave the premises. Over the course of this essay
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Void and Voidable Contract 17/11/2013 INTRODUCTION A contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. It is a voluntary‚ deliberate and legally binding agreement which becomes legally valid if meeting of minds exists between the contracting parties and establishment of a legal relation/obligation between the parties for a legal consideration and
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Types of Contracts [pic] Choosing type appropriate contract type is essential to successful performance under a contract. The type of contract determines the cost and performance risks which are placed on the contractor. There are two broad contract groups--fixed price and cost reimbursement. Within each of these groups‚ there are various types of contracts which can be used individually or in combination. [pic] Firm Fixed Price Contracts [pic] This type of contract requires the contractor
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