Silence is not a form of acceptance as was held in Felthouse Vs Bindley (1862) 11 CBNS 8693. The case clearly indicates that a person who makes an offer‚ cannot impose a bargain on the other merely by stating that silence indicates consent4. In conclusion as Matt did not in anyway‚ shape or form accept the offer‚ and was silent when the offer was made the contract between Michael and Matt is invalid. As between Michael and Matt‚ is promissory estoppel relevant? Give reasons. Is promissory
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NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL An Analysis of Sonu v. State of M.P. (MANU/MP/0088/2010) Submitted by:- Anugrah Pratap Singh Rajawat Roll No. – 2010 B.A.LL.B. 11 Enrolment No. – A- 0961 1st Trimester Table of contents S. No. Page No. 1. Introduction…………………………………………… 3 2. Concrete facts of the Case…………………………… 4 3. Material facts of the Case…………………………….. 5 4. Immaterial facts of the Case………………………….. 6 5. Concrete Decision
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AIM & OBJECTIVES …………………………………………………………………………………………………………………………………. 1 METHODOLOGY………………………………………………………………………………………………………………………………………. 2 FINDINGS: CHAPTER ONE: THE FAMILY COURT…………………………………………………………………………………………………… 3-4 * INSTITUTIONALISATION/BACKGROUND * STRUCTURE/PHYSICAL LAY OUT OF COURT * ROLE/RESPONSIBILITY CHAPTER TWO: DEFINITION OF TERMS ……………………………………………………………………………………………….. 5 * JUVENILE * JUVENILE COURT * JUVENILE SENTENCING * BIASES IN JUVENILE SENTENCING
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Common Law vs. Civil Law There are nearly 200 nations in the world‚ each with their own distinct legal system based on one of the four major legal systems: common law‚ civil law‚ socialist law‚ and religious law. The majority of countries today follow either common law or civil law. Here in the United States we practice common law‚ as opposed to countries like France and Germany‚ which practice civil law. There are several differences between these two legal systems‚ however‚ common law in
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COMMON LAW V CIVIL LAW COMMON LAW(characteristics)for comparing or contrast purpose Common law systems are mostly found in former british colony and protectorate including US‚ it is less prescriptive than civil law system‚citizens are benefited by enactment and legislation in specific fields.more often are the implied terms usage. 1)represents the law of courts as expressed in judicial decision 2)based on precedents provided by past judicial decisions‚no written statues or prescribed texts
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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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Common Law Tradition and Sources of Law Common Law Tradition: In early England‚ there was desire to establish a legal system that did not settle disputes by simply relying on local customs and traditions. Instead‚ there was desire to use a uniform legal system throughout the entire country. “What evolved was the beginning of common law‚ a body of general rules that applied throughout the entire English realm. Eventually‚ the common law tradition became part of the heritage of all nations
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did common law become so rigid and inflexible? Answer: By the reign of henry II‚ the practice of sending the royal justice throughout the country “on circuit” began to result in fairly uniform body of law developing around the country- the common law. The judges were assisted in finding an agreement among them by keeping records known as plea rolls. They set out not only the facts of each case and judgement‚ but often the reasoning behind the judgement‚ in much the same way as the modern law reports
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Originally‚ common law was customary law‚ folk law‚ based on precedent. There was of course statutory law -- the king’s law -- but common law guided how it was enforced and administered. No real common law exists today‚ having been entirely codified as statutory law throughout the English-speaking world. There remains‚ however‚ what are sometimes termed common law rights. Now and again‚ a new situation arises where there is no law to guide a judge‚ but where there really is something to adjudicate
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Chapter 2 Donoghue v Stevenson p.45 Donoghue found a snail in the ginger beer and got shocked. She sued Stevenson‚ the manufacture. Manufacturer owed a duty of care to customers. Neighbour test.Grant v Australian Knitting Mills p.48 Dr Grant suffered dermatitis because of the sulphites on the surface of the underwear manufactured by AKM. AKM owed a duty of care in the production of the underwear not to cause injury to Grant. McPhersons v Eaton p.49 Eaton died from the exposure to asbestos
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