Consensus Mistake and Impossibility in Contract

1941 ◽  
Vol 7 (3) ◽  
pp. 361-378
Author(s):  
H. W. R. Wade
Keyword(s):  
Lever Bros ◽  
Legal Principle ◽  
The Future ◽  
The Subject ◽  
The Law ◽  
The Moment

The boundary between the fields of mistake and impossibility in contract seems never yet to have been critically surveyed. But such a survey is badly needed, for it is plain that at the moment the law of mistake is in no less a state of confusion than is the law of impossibility or ‘frustration’. The outstanding case of recent years, Bell v. Lever Bros., Ltd. (1931), met with such universal and (if it may humbly be said) unmerited hostility from publicists in all quarters that this alone calls for an inquiry into the difficulties of the subject. There, has been a disturbing tendency among text-writers, led by Pollock, to profess an inability to understand the ratio deddendi of the case, to try to limit it for the future to its exact facts, and to refuse to recognize in it any legal principle.

Gift Of Organs — A Note

1993 ◽  
Vol 27 (4) ◽  
pp. 661-667
Author(s):  
Alfredo Mordechai Rabello
Keyword(s):  
Well Being ◽  
Human Organs ◽  
Legal Literature ◽  
Legal Principle ◽  
Specific Performance ◽  
The Subject ◽  
General Principles Of Law ◽  
Law And Morality ◽  
The Law ◽  
The Moment

Is it possible to view human organs as assets that can be given as “the subject of a gift”? The view most widely accepted in the legal literature is that a dispositionary act in relation to our body cannot constitute the object of a binding contract, if the execution of the contract could endanger the life of the person (i.e. the person making the disposition) or constitute a risk to his physical well-being. In such a case, the contract would contradict the general principles of law and morality.It is an accepted legal principle that a person may make a commitment to give hair, to nurse a child or to donate blood. In a contract for consideration, the validity of the obligation must be determined, but stipulating specific performance is prohibited, thus the only remedy can be the awarding of damages. The law in Israel is clear that the giver of a gift can retract his promise up until the moment of giving, and if the intended recipient of the promised organ is detrimentally affected, the reluctant giver will be liable, at most, to compensate the frustrated recipient.

scholarly journals CATEGORY OF FUTURALITY WITHIN THE SYSTEM OF MODUS CATEGORIES

2019 ◽  
pp. 38-44
Author(s):  
Inga Kirkovs’ka
Keyword(s):  
Subject Matter ◽  
French Language ◽  
Communicative Function ◽  
Action Event ◽  
The Future ◽  
The Subject ◽  
The Moment ◽  
Future 2

The aim of the investigation under consideration is to study the nature of the category of futurality within the system of modus categories in the French language. The object of the work is the category of futurality in contemporary French, the subject is the study of the category of futurality in contemporary French within the system of modus categories of evidentiality, modality and persuasiveness. In the course of the study, the distinctions between modality and modus have been outlined, the place of the category of futurality within the modus categories has been identified, the peculiarity of the category of futurality as a modus category has been analysed. Conclusions: the peculiarity of futurality as a modus category is that it belongs to the modus categories denoting action/event, real in the future “in the speaker’s view”. In this sense the category of futurality is closer to the categories of modality (real information stated by the speaker) and predicativity (confidence in the information stated by the speaker) in meaning, whereas differing from them by the semantics of the stated temporality denoting the relation of consequence in reference to the moment of speaking. The category of futurality is connected with other modus categories: category of assertion with semantics of neutral prospection, category of persuasiveness with the seme of assurance in reference to the future and category of modality with the seme of reality in reference to the future. The major types of modal meanings forming the modus category of futurality are: 1) speaker’s estimation of the subject matter of the utterance from the perspective of reality/irreality in the future; 2) estimation of the environment of the utterance from the perspective of probability/necessity/desirability in the future; 3) speaker’s estimation of the level of assurance (persuasiveness) of the subject matter of the utterance from the perspective of the future; 4) communicative function of the utterance defined by the purpose of the speaker from the perspective of the future (wish, intention, preference); 5) confirmation/negation of objective relations between objects, phenomena, events of the future. 

Out-patients haemophilia treatment in hospital

2009 ◽  
Vol 29 (S 01) ◽  
pp. S22-S26
Author(s):  
G. Glaeske ◽  
W. Schramm ◽  
D. Herzig
Keyword(s):  
Care Service ◽  
Legal Basis ◽  
Advantages And Disadvantages ◽  
Medical Facilities ◽  
The Future ◽  
The Common ◽  
The Law ◽  
The Moment ◽  
Broad Consensus

SummaryAlthough hospitals primarily provide treatment for in-patients, treatment is also given to a large number of out-patients. The law covering haemophilia patients, who receive their treatment as out-patients, actually has several different bases. This has advantages and disadvantages. The question concerning us: Which, at the moment, is the best legal basis for any care-agreement? Another important factor for any agreement between the two parties, is that there should be a broad consensus, based on shared interests.The common aim should be the future guarantee for the treatment of patients suffering from haemophilia in suitable medical facilities. At the same time care must be taken to provide an efficient and economically viable care-service for these patients, as well as ensuring that the quality and efficiency of the service remain transparent.

scholarly journals Saxon and Norman Sculpture in Durham

Antiquity ◽  
1931 ◽  
Vol 5 (20) ◽  
pp. 438-440
Author(s):  
G. Baldwin Brown
Keyword(s):  
Twelfth Century ◽  
Eleventh Century ◽  
Free Standing ◽  
Decorative Art ◽  
Solid Ground ◽  
The Future ◽  
The Subject ◽  
Stone Carving ◽  
The Moment

When one phase of decorative art for reasons historical, social, or religious, passes out of existence and is succeeded W by another, there generally occurs what is technically termed an ' overlap '. This is so common that it is often accepted without consideration as universal, and the expression ' Saxo-Norman overlap' is employed with reference to architecture of early twelfth century where it has validity, but also to decorative sculpture where it possesses no solid ground or meaning. Saxon stone carving is on different lines from Norman and the two do not coalesce, the Norman enriched tympanum carrying the Norman art, the free- standing carved cross the Saxon art. The above must be left for the moment as a statement which will later on receive its due explanation and support, but the subject of the present brief paper is germane to it.It so happens that we possess datable specimens of late Saxon and early Norman sculpture in the shape of carved heads belonging to Saxon crosses that stood on the future site of the Norman Chapter House of Durham Cathedral and may be dated early in the eleventh century, and Norman enriched capitals of columns in the early Castle Chapel that can be placed in date before the year 1100.

Native Tribunals In The Gold Coast 1844—1927

1957 ◽  
Vol 1 (3) ◽  
pp. 163-171 ◽  
Author(s):  
A. N. Allott
Keyword(s):  
West Africa ◽  
Gold Coast ◽  
Customary Law ◽  
Melting Pot ◽  
The Future ◽  
The Subject ◽  
English Law ◽  
The Law ◽  
Local Courts

Throughout British Africa today the future of the native courts (otherwise called African, customary, or local courts) is in the melting-pot, and is the subject of much discussion and deep concern. Considerable legislative and administrative changes affecting these courts are already being made, especially in West Africa. What are to be the relations between the superior courts of a territory, predominantly administering English law, and the native courts whose primary law remains African customary law? How are the law, practice and procedure followed by native courts to be moulded and modified to adapt them to the conditions of today and tomorrow? In the study of these important questions a backward glance at history does not come amiss, and may indeed help to illumine the problems of the present.

Rescue and Voluntary Assumption of Risk

1934 ◽  
Vol 5 (2) ◽  
pp. 192-203 ◽  
Author(s):  
A. L. Goodhart
Keyword(s):  
Good Reason ◽  
Recent Case ◽  
The Future ◽  
Intuitive Judgments ◽  
English Law ◽  
The Law ◽  
The Moment ◽  
Further Development

In Mills v. Armstrong Lord Bramwell, in commenting on the judgments in Thorogood v. Bryan, said: ‘At present I will only observe that the four judges were great lawyers, and I believe that an experienced lawyer may be, as it were, instinctively right without at the moment being able to give a good reason for his opinion.’ Although such intuitive judgments may be satisfactory as doing justice between the litigants in a particular case, there is always the danger that they may prove to be misleading from the standpoint of the further development of the law, for it is natural to assume that as the judge has reached conclusion X by means of reason Y, therefore if conclusion X is correct then reason Y must be correct also. In future cases reason Y is accepted without further consideration because it has in the precedent case apparently led to a desirable result, even though, in fact, there may be no valid connexion between the reason given and the result. It may be suggested with all respect that the recent case of Cutler v. United Dairies (London), Ltd. may in the future have such an effect on the development of English law for, although the conclusion reached in it is obviously just and in accordance with established law, nevertheless some of the reasons advanced by the Lords Justices in support of their judgment are of doubtful validity, and may, if accepted apart from the facts of the particular case, lead to unfortunate results.

scholarly journals KAZUS ZŁOTEGO TRÓJNOGA A PRZEDMIOT SPRZEDAŻY W KONTRAKCIE ‘EMPTIO SPEI’

2016 ◽  
Vol 11 (1) ◽  
pp. 403
Author(s):  
Karolina Wyrwińska
Keyword(s):  
Second Opinion ◽  
The Third ◽  
Source Document ◽  
Starting Point ◽  
The Future ◽  
The Subject ◽  
The Moment ◽  
Valerius Maximus

THE CASE OF THE GOLDEN TRIPOD AND THE SUBJECT OF SALE IN THE CONTRACT OF ‘EMPTIO SPEI’Summary The article analyzes the question of the subject of sale in the contract of emptio spei. The starting point for this study is the source document by Valerius Maximus, describing the case of finding a golden tripod by fishermen, who before sailing out sold the result of their work to Miletus merchants. After the return of the fishermen a dispute arose over whom the find should be awarded to: the sellers or the buyers. The solution to this particular case depends on the accepted position on the subject of sale in the contract called the sale of hope. Literature of the subject presents four views on the matter. According to the first one, the subject of sale in the contract of emptio spei is hope itself. However according to the second view it is the item, the subject that will appear in the future. The third among the presented views proclaims that the subject of sale in the contract of emptio spei is alternatively: hope of obtaining the item or the item itself, depending on the achieved result. The fourth view, in which the consensual contract calls for receiving a subject nonexistent in the moment of sale, should not be qualified as the contract of purchase-sale. The article presents advantages ad disadvantages arising from accepting each of these views. Considering all of the mentioned views on the subject the author regards the second opinion, according to which the contract of emptio spei is always res future as the best. Accepting this opinion allows to evaluate the time of perfectio of sale, allows naming the subject of obligation of the seller as well as the range of liability of the parties arising from the title of failure to perform or improper performance of the contract.

Theoretic and Practical Aspects of Protection of the Right of Ownership in the Hereditary Relations

2020 ◽  
Vol 27 (3) ◽  
pp. 95-108
Author(s):  
Iryna Dzera
Keyword(s):  
Negative Impact ◽  
Case Law ◽  
Effective Mechanism ◽  
Hereditary Property ◽  
Judicial Practice ◽  
The Subject ◽  
The Law ◽  
The Moment ◽  
State Registration ◽  
The Right

The relevance of the subject matter lies in the fact that inheritance is one of the most common grounds for acquiring property by individuals. Considering the fact that the heirs are often relatives of the testator, to avoid disputes between them, the law should contain an effective mechanism for resolving relations between heirs over the redistribution of inheritance or change of the order of inheritance, and a mechanism to protect the rights and interests of heirs in case of disputes. The purpose of this study is to identify gaps and inconsistencies in civil legislation and case law in the study of the main ways to protect the rights of heirs in hereditary relations, and ways to resolve them. It is noted that in the presence of disputes between the heirs, it is not the protection of property rights that is carried out, because the heirs have not yet acquired the right of ownership, but the protection of the right to inheritance, according to which they will be able to acquire ownership of the inherited property. There is a lack of a particular list of ways to protect the rights of heirs in the legislation of Ukraine, which has a negative impact on judicial practice, as they often use inappropriate methods of protection. The study analyses the case law of hereditary disputes and identifies the main mistakes that courts make in resolving such cases. Particular attention is focused on the study of such methods of protection as the recognition of the certificate of inheritance as invalid, the hereditary recognition of the property that belonged to the deceased, but was not part of the inheritance. The study investigates the moment of ownership of the hereditary property of the heirs and a critical analysis of the provisions of Article 1268 of the Civil Code, which determine the moment from which the inheritance belongs to the heir – namely from the moment of opening the inheritance. There is a conflict between the rules of Article 1268 and Article 3 of the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances" in terms of establishing the moment of ownership of immovable property by inheritance

Unjust enrichment as the basis of Restitution — an overworked concept

Legal Studies ◽  
1985 ◽  
Vol 5 (1) ◽  
pp. 56-66 ◽  
Author(s):  
Steve Hedley
Keyword(s):  
Unjust Enrichment ◽  
The Future ◽  
The Subject ◽  
The Law ◽  
Different Levels ◽  
The Way

The proposition that ‘Restitution is based on unjust enrichment’ is usually the first that a student of Restitution is presented with. It is a claim at several different levels: as to the terminology we should use in discussing Restitution; as to the sort of rules the subject contains; and as to the way these rules have been developing or should develop in the future. Nor is this confusion of claims particularly surprising. Much of the work of the academic lawyer consists of interpreting the judgements of the higher courts; it is not really very odd when those courts’ ambivalent approach to whether they are making the law, or simply applying it, rubs off. ‘Restitution is based on unjust enrichment’ is really a collection of subsidiary propositions about Restitution; and it is clear that, of those who believe that Restitution is so based, not all would subscribe to every one of the subsidiary propositions.

The Future of Joint-up Thinking

2015 ◽  
Vol 79 (3) ◽  
pp. 181-197
Author(s):  
Matthew Dyson
Keyword(s):  
House Of Commons ◽  
Select Committee ◽  
The Future ◽  
The Law ◽  
The Government ◽  
Joint Enterprise ◽  
The Moment ◽  
Substantive Law ◽  
Secondary Liability

The law of secondary liability continues to trouble defendants, victims, politicians, practitioners, judges, academics and laypeople. In a recent report, the House of Commons Justice Select Committee called even more forcefully for the Government to consult on reforming the law of ‘joint enterprise’. The committee called, in particular, for a stronger fault requirement: at the moment a secondary party can be liable for the full offence merely because he foresaw a chance that the principal might commit a crime. This article discusses the report, analyses the substantive law in issue and considers appropriate reforms. The report is also a chance to reassess what secondary liability looks like today, a process that reveals that we now live in a post-accessory liability world where ‘joint enterprise’ rules. This shift in language and corresponding shift in fault elements has caused significant uncertainty in understanding the law as well as practical injustice, making it easier to convict for more serious crimes than should be the case. The paper draws on an analysis of the joint enterprise cases decided in 2014 to show how attitudes to evidential and sentencing issues are shaping the substantive law.

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