Introduction Doctrine of Privity was established as early as 1861 in the Tweedle v Atkinson case, consisted of two rules: (1) a third party may not have obligations imposed by the terms of a contract; (2) a third party may not benefit from the terms of a contract. The second rule is criticized by scholars and law practitioners for its inability to allow a third party (TP) enforce a contract for his/her favor intended by the contracting parties (CP). And hence, in 1999, the Contracts (Rights of Third Parties) Act 1999 (The Act) came into force in United Kingdom, to reform the doctrine. In my opinion, the Act does simplify and mend the problem caused by the Doctrine of Privity but still has its limitation. Discussion: The Act as a simple mechanism Avoiding Inconsistency: inconvenience in commercial life and other legal actions By acknowledging right of TPs have in contracts, where benefit is intended to confer on them, The Act helped to limit inconsistency in cases. For example, in Bourne v Mason, TP was allowed to enforce promise in contract, contradicting to Price v. Easton, where plaintiff could not recover. In these cases, even reasoning varied in judgments. Such inconvenience greatly affects the commercial life. Barrister and Law professor Stephen Guest criticized that "…it undermines the social interest of the community in the security of bargains and it is commercially inconvenient" . However, now, in The Act, Section 1 (1) & (4) stated TP can sue for subjects that
The Supreme Court case of Gagnon v. Scarpelli, 411 U.S. 778 (1973), involved Gerald Scarpelli who was on probation in Wisconsin for armed robbery, but was found in violation of the conditions set for his probation, when he was charged with burglary in Illinois. Scarpelli had been originally convicted in July, 1965 after he was arrested for the armed robbery, whereas he had plead guilty to the crime. However, he was fortunate that he did not have to serve the fifteen years he was sentenced to, due to the Judge suspending his time and instead placing him on seven years of probation. Per standard practice for probation, the judge placed requirements and restrictions that were to be followed, in order for him to remain on probation and
This memorandum is written in response to your September 1, 2015 request for information regarding the case of Samuel V. Morgan. The analysis will show that Samuel is liable to pay the fine. Robert is a senior weight lifter and member of the Alpha Chapter, Beta Phi Gamma Fraternity, Inc. at Howard University. Although he is strong, he is extremely slow moving which forces him to limit himself to fighting with people who are considerably smaller than he.
Additionally, the act allows for the establishment of
On December 5, 1983, Ingersoll-Rand Co. went into a leasing agreement with Cole Energy Development. Ingersoll-Rand leased two compressors to Cole Energy to obtain natural gas from the Fishhook Gas Field in Illinois on separate leases. Cole Energy only had a 25% stake in the Fishhook gas fields. The compressors malfunctioned and did not acquire the amount of gas that Ingersoll-Rand said they would. Cole lost revenue due to this and sued Ingersoll-Rand for fraud, breach of express and implied warranties, as well as damages in the amount of $2 million (Cole Energy Development Co. v. Ingersoll-Rand Co. (1994), 1994).
It was Ricky Franklin Smith fourth offense, in which he was known as a habitual offender. He pleaded guilty to a charge of breaking and entering. During his hearing in the Court of Appeals, Smith suggested that he deserve a resentence due to the fact his charges was base upon his expunged juvenile criminal record. The Court of Appeals referred back to the case in People v. Price, 172 Mich App 396, 399-400; 431 NW2d 524 (1988) that suggested that in pursuant to MCR 5.913 when a juvenile record is expunged it cannot be used in a sentencing. Whereas, People v. Jones 173 Mich App 341, 343;433 NW2d 829 (1988) states that an expunged juvenile record can be included in an investigation report and in a sentencing(People v. Smith, 2017).
On April 26, 1983, Matthew N. Fraser (Respondent), a student at Bethel High School in Bethel, Washington, delivered a speech nominating a fellow student for student elective office. Approximately 600 High School students were in attendance, many of whom were 14 years old, the assembly was a part of a school sponsored educational program in self government. Students were required to either attend or go to study hall during the assembly. Prior to reciting the speech, Fraser sought guidance from two teachers, who both informed him that the speech may be seen as lewd and improper, as well as met with potentially severe repercussions. During his entire speech: I know a man who is firm — he’s firm in his pants, he’s firm in his shirt, his character is firm — but most… of all, his belief in you, the students of Bethel, is firm.
This document is from the dissent of Mr. Justice Harlan in the Plessy v. Ferguson trial decided on May 18, 1896. His audience is the assenting Justices, and any citizen of the United States that reads the decision handed down by the court. Justice Harlan wrote his Dissent to the case to establish that the assenting judges were amiss in their decision to uphold the Louisiana Separate Car Act. Justice Harlan believes that the decision of the court is wrong on the basis that, if read as purported the U.S. Constitution has no caste, and is therefore color blind. He says “the white race deems itself to be the dominant race in this country.
I do agree with Justice Scalia’s principal argument for not using the exclusionary rule to the knock-and announce violations. I think in some cases that knocking on the suspect door can give them time to prepare themselves and maybe hide evidence. Yes, the rule is set to reduce property damage, but in some cases, officers can get shot if the people inside the house are aware that they are committing crime. For instance, if a person is a drug dealer, he sure knows that its illegal. So, having the officer knocking on his door, he probably won’t open or will open with a gun point out.
Gideon V. Wainwright The case starts with the arrest of Clarence Earl Gideon who was charged with breaking and entering with intent to commit a misdemeanor. Gideon was a runaway, having left home around eighth grade he became a drifter. He wandered around from place to place and spent time in and out of prison of prison for many non-violent crimes. He eventually found some part time work at a pool club, the same club room he was accused of breaking into and robbing.
Issue 6- Does the Act violate the Procedural Due Process? Conclusion 1.
Julian can file the Application for Waiver of Grounds of Inadmissibility, also known as form I-601, to seek a waiver of certain grounds of inadmissibility. The I-601 waiver is one of the best options for Julian because it would let him re-enter the United States legally. This waiver waives the “unlawful presence” and “misrepresentation” grounds of inadmissibility for foreign nationals who have a US citizen or lawful permanent resident spouse or parent. In order for the I-601 waiver to be approved, Julian must prove that his U.S. citizen wife would suffer “extreme hardship” if he were not granted permanent resident in the United States. In this case, one of the “extreme hardships” argument would be the fact that Angela is suffering from a medical
Ms Harnum was 30 years old at the time of her death and was ethnically Arya-Caucasian born in Canada (R v. Gittany, 2014). She was unemployed before her death, due to Mr Gittany advising her to quit her career in the hairdressing industry (R v. Gittany, 2014). Mr she had a good relationship with her mother (R v. Gittany, 2013).She had no criminal history, however she had an eating disorder as a teen that resurfaced during her relationship with Mr
“Estoppel is a mechanism for enforcing consistency; when I have said or done something that leads you to believe in a particular state of affairs, I may be obliged to stand by what I have said or done, even though I am not contractually bound to do so.” – E Cooke An estoppel is simply a method developed by the courts, which could prevent or estop a party from performing in a particular way when the other has relied upon the facts that were represented to him. There are several types of estoppel like proprietary estoppel, estoppel by representation of fact. However, in this essay our focus is on the promissory estoppel as it relates to the Law of Contract.
Should the Postal Rule be Abolished? Contract law is a form of the law which focuses on agreements made between two or more parties. Contracts can be made in an informal manner and can also be made formally. Most people would recognise a contract to be a formal written document which states the conditions, warranties and description of an offer being made. However, that is not always the case.