"How contract law balances fairness and certainty" Essays and Research Papers

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    Justice As Fairness

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    Justice as Fairness John Rawls’s theory regarding justice is concluded with the idea of justice as fairness. Justice‚ according to Rawls‚ includes a conception of the knowledge that “all social goods are to be distributed equally unless an unequal distribution of any or all of these goods is to the advantage of the least favored” (Princeton Readings‚ 697). His theory prioritizes three principles: freedom‚ equality‚ and the difference principle to solidify his claims. Rawls’s attempt to reach an

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    Contract Law Case Study

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    A. Concern v Good The incident between Mr. Good and Mr. Concern is being introduced in this case. Mr. Good put up an article on The Best Daily saying that he would share half of the advertising cost for anyone who places an advertisement in Best Daily with the intention of ‘initiating major legal response to raise climate change consciousness of the people of Hong Kong’. Our client‚ Mr. Concern who responded to Mr. Good’s offer‚ placed advertisements in 15 newspapers expressing ‘support for social

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    Contract Law Exam Notes

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    Misrepresentation Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case deals with the situation that a statement

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    Certainty and Doubt

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    William Lyon Phelps stated an absolute certainty will make anything possible‚ but Bertrand Russell believed that our opinions should always have some sort of doubt. This conflict between optimism and doubt is most importantly meant to be kept balanced. This balance of doubt and optimism can be seen in the real world in many ways such as in sports or school. When Phelps said that we need to have an “absolute sense of certainty‚” he meant a setting your mind to it mentality. If you can imagine it

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    become a law through a long journey. This journey begins with an idea‚ moves through Congress‚ and ends with the President’s signature. The Legislative Branch makes‚ debates‚ and passes laws. The Judicial Branch analyzes the laws and directs justice. The Executive Branch enforces the laws created by the Legislative Branch. When a bill becomes a law 2 of the 3 branches must work together to make this happen. The Branches involved are the legislative and executive. They both have powers that balance each

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    fairness mkt243

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    Fairness means treating people equivalently deprived of favoritism or discrimination. It emphases on how impartially or unfairly our actions deliver benefits and afflictions among the members of a group. Fairness obliges evenness in the way people are preserved. Examples of what is offered as ethically justifiable reasons for treating people contrarily: need‚ merit‚ effort‚ fault‚ etc. Fairness regularly has been used with regard to an aptitude to critic without reference to one’s feelings or interests;

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    Mathematics and Certainty

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    Mathematics and Certainty Having said something about the nature of formal systems‚ we must now look in more detail at the nature of mathematical certainty. To do this‚ let us begin by making two distinctions. The first concerns the nature of propositions. An analytic proposition is one that is true by definition. A synthetic proposition is any proposition that is not analytic. So we can say that every proposition is either analytic or synthetic. The second distinction concerns how we come to know

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    Fairness and Honesty

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    Fairness and Honesty The ability to recognize ethical issues is the key to understanding business ethics. An ethical issue is an particular problem‚ situation‚ or opportunity that requires a person or organization to choose from among several actions that may be evaluated as right or wrong‚ ethical or unethical (Ferrell). The best way to evaluate the ethics of a decision is to look at it from different viewpoints. Although many business issues seem straightforward and easy to resolve‚ often times

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    Tort Law Reading Notes Week 1 Mon Sep 8 Damages pp697-729 - aim of damages: restore plaintiff to position he would have been had the wrong not occurred o as this is impossible in cases of personal injury‚ monetary compensation is used o total amount is the amount that will release the target amount over the given span of years - assessment is a matter if calculation‚ not impression (SCC 1978) - 3 probs: o 1) what kinds of items must a defendant compensate

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    it would be unjust and unequitable to allow the enforcement of a written instrument which does not reflect or disclose the real meeting of the minds of the parties. 3 However‚ an action for reformation must be brought within the period prescribed by law‚ otherwise‚ it will be barred by the mere lapse of time. The issue in this case is whether or not the complaint for reformation filed by respondent Leyte Gulf Traders‚ Inc. has prescribed and in the negative‚ whether or not it is entitled to the remedy

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