application to set aside an arbitral award founded on a contract which had been held by an arbitral tribunal to be valid and enforceable‚ could reopen the arbitral tribunal’s findings of fact and/or law and decide for itself whether the contract in question was illegal. In this regard‚ the Judge held‚ after examining a number of decisions from England‚ Australia and Singapore as well as a textbook commentary on the IAA‚ that the court could do so in an appropriate case. He said at [24] of the HC
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CHAPTER 2: EFFECTS DOCTRINE UNDER EU‚ US AND INDIAN LAWS. Under the Effects Doctrine‚ a State may assume jurisdiction when an act is committed in another State‚ by citizens or companies of other states‚ has effects in the former. This was accepted by the Permanent Court of International Justice in the S.S.Lotus case. Back in 1909‚ in the case of American Banana Co. v. United Fruit Co.‚ all the acts complained of were committed outside the territory of the United States‚ including the defendant’s
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Employment-At-Will Doctrine In the United States‚ employees without a written employment contract generally can be fired for good cause‚ bad cause‚ or no cause at all; judicial exceptions to the rule seek to prevent wrongful termination. There are three exceptions to the doctrine that are recognized across the 50 states. These exceptions address employment terminations that are in line with the doctrine requirements but are probably not justified [Muhl‚ 2001]. Public-policy exception Under the public-policy
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CONTRACT LAW- EXAM NOTES What is a contract? An oral or written agreement between two or more parties which is enforceable by law. This agreement ‘will be legally binding if certain criteria are met – briefly‚ they require that there be an agreement (comprising an offer and acceptance)‚ consideration‚ intention to create legal relations‚ compliance with any formalities required by law and that the parties have the legal capacity to contract’1 What is the purpose of contract law
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What is the role played in contract law by the doctrine of consideration 1. Controversies and challenges of consideration. For a contract promise to be enforceable‚ that promise must normally be supported by consideration. Any contractual promise must be supported by consideration unless an exception applies. A promise will be supported by consideration if it’s given as part of a bargain or exchange rather than a gift. Second‚ the promiser or 3rd party should receive some act forbearance
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Contract assignment Doctrine of frustration Doctrine of frustration ACCORDING to Section 56‚ an agreement to do an act impossible in itself is void (for example‚ an agreement to discover treasure by magic). Supervening impossibility or illegality refers to the intrusion or occurrence of an unexpected event or change of circumstances beyond the contemplation of the parties; such event or change of circumstances must be so fundamental as to be regarded by law as striking at the root of contract
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Doctrine of Repugnancy From time immemorial‚ legislative bodies have been enacting laws all over the world. With the enactment of laws by different legislative bodies all over the world‚ conflict of laws is an unavoidable issue. However‚ in this article I will mainly be focusing on the conflict of laws with regard to India. In India‚ there are three wings of the Government‚ namely‚ The Legislature‚ The Judiciary and the Executive. The legislature has the law making powers for the entire country
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1.0 Contracts and its Elements 1.1 Essentials of a Contract Contracts form part of our daily life e.g. lease of house‚ sale/purchase of cars‚ etc. However‚ there are elements essential to form a contract. These are: 1.1.1 Offer/Invitation MacMillan & Stone (2004) described offer as “an expression of willingness to contract on certain terms. It must be made with the intention that it will become binding upon acceptance. There must be no further negotiations or discussions required.” This can be
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Contract Law Notes Contracts ‘A’ Offer Bilateral contracts Unilateral contracts Offers to the public at large What is an offer? Mere puff Supply of information Invitation to treat Categorizing transactions Advertisements a) Advertisements in a catalogue or a curricular b) Advertisements in newspapers or magazines c) Advertisements appearing on the internet d) Display of goods Auctions a) Advertisement of auction b) Auctions with reserves c) Auctions without a reserve Tendering
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Halbert | Elaine Inguli Strayer University Employment –At – Will Doctrine Alicia Marie Bing Law‚ Ethics & Corporate Governance – LEG 500 Dr. Demetrius Abraham 26 January 2014 TABLE OF CONTENTS Title Page i Certification of Authorship ii I. Abstract 5 II. Summarization: Employment-At-Will Doctrine 6 II a. Allowable Exceptions to Legally Fire 6 II b. Decision and Reasoning to Limit Liability
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