Essays on the doctrine

The Doctrine of Part Performance By admin — Posted on November 14, The Doctrine of Part Performance finds its basis from the concept of equitable rule of part performance which the Court of Chancery developed under the English legal system. The first case where the Court of Chancery implemented the rule was Foxcroft v. The section stipulates for protecting prospective transferees in order to allow them to retain possession of the property against the transferors who execute an incomplete instrument of transfer and afterwards fail to complete it in the manner laid down by the law without there being any fault on part of the transferee.

Essays on the doctrine

The doctrine of duress Essay: The doctrine of duress The doctrine of duress is well established in English Law and allows a party to the contract to set aside the terms of an agreement by showing evidence that pressure or force from the other party was put on them against person or property when the agreement was formed.

The party subjected to the duress claims they had no choice but to enter the agreement. Economic duress is a relatively new development but is of increasing importance with notable consequences for parties entering into commercial agreements.

The Courts now Essays on the doctrine that, in addition to threats against a person or their property, the threat of economic could also force a party to sign an agreement.

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Prior to the concept of economic duress being recognized, the position in law was protected by the doctrine of consideration.

The logic behind the reasoning is that a person entering into a contract who is in a very strong bargaining position may insist upon further payment to perform an existing duty, and the other party to the contract may have no choice but to agree. This possibility of extortion can be seen in Harris v Watson REF2where it was held that as a matter of public policy, sailors could not be allowed in times of danger to insist upon further payment to perform existing duties.

In Williams v Roffey Brothers REF3B paid an additional amount to A to perform an existing contractual obligation, because B knew that the original figure promised to A was too low and that A would not be able to complete his work which would be commercially detrimental to B.

Economic duress is therefore clearly a proposition which helps decide which re-negotiations are reasonable. Economic duress needs to be distinguished from legitimate commercial pressure.

Pao On v Lau Yiu Long AC REF7 established that for economic duress to apply the payment made or contract entered into by the innocent party must not have been done voluntarily. Also, the pressure upon that party to enter the contract must be illegitimate.

Economic duress is, therefore, improper illegitimate threats that amount to compulsion to enter into a contract or absence of choice. Pao On established a number of criteria that assisted in the test for economic duress.

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Goods has been sold to an innocent third party. Harris v Watson discussed in Smith, J. Resource Book 2 W Essay UK - https: Search our thousands of essays: If this essay isn't quite what you're looking for, why not order your own custom Law essay, dissertation or piece of coursework that answers your exact question?

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Just complete our simple order form and you could have your customised Law work in your email box, in as little as 3 hours. About this resource This Law essay was submitted to us by a student in order to help you with your studies.Feb 04,  · Words: Length: 10 Pages Document Type: Essay Paper #: Doctrine of the Holy Trinity The basis of the doctrine of trinity is based on the "God the Father, God the Son and God the Holy spirit" epithet among the Christians.

Doctrine of Judicial Binding Precedent Essay Doctrine of Judicial Binding Precedent This question raises the issue of the role of precedent. In order to examine the statement, scrutiny of the doctrine of the judicial precedent is required.

Sep 01,  · Gospel Topics Essays In the early s, when The Church of Jesus Christ of Latter-day Saints was less than three years old, the Lord invited members of the Church to seek wisdom by study and by the exercise of faith: The Church places great emphasis on knowledge and on the importance of being well informed about Church history, doctrine.

The Shock Doctrine: The Rise of Disaster Capitalism is a book by the anti-corporate activist Naomi Klein, in which she advances the theory. Free monroe doctrine papers, essays, and research papers.

Essays on the doctrine

Plan In this essay I will be explaining how the doctrine of the separation of powers has been compromised to a less extent in the nation like Australia. The first section will constitute in exploring the history and the significance of the separation of the power doctrine.

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