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How does the postal rule apply to accepting and terminating contracts?
For a contract to be valid there needs to be both offer and acceptance. Therefore, a contract cannot be enforced unless it is accepted. The postal rule states that an offer is deemed to be accepted from the ...
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Is the 'but for' test for causation in the law of tort the only appropriate or applicable test?
There exists long standing judicial support for the factual test of causation in the law of tort. For example, in Barnett (1969) the court held that a doctor would not be liable despite negligent treatment, ...
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Jeremy M.
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What is a common law system?
A common law system is the term used to denote the type of legal tradition we have in the UK. The term also describes what our sources of law are. Other areas of the world - such as European countries - have...
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Katharine C.
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Does the criminal law leave too much to the jury when it comes to the issue of dishonesty?
Dishonesty is an essential element of the property offences including fraud and theft. The jury will be directed by the judge to consider whether reasonable people would consider the conduct of the defendant...
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What is the function of the doctrine of consideration?
The idea that a contract needs consideration to be valid is so fundamental as to need no authority. The law will not enforce a gratuitous promise unless it is made by deed which has stringent formality requi...
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