17. Mistake

2021 ◽  
pp. 575-614
Author(s):  
André Naidoo
Keyword(s):  
Significant Issue ◽  
Common Mistake ◽  
Essential State ◽  
The Law ◽  
State Of Affairs

This chapter assesses situations in which one or both parties enter into a contract on the basis of a mistake that is so serious that it negates their consent to a contract; or, it means they did not consent to the agreement in the first place. Following such an ‘operative’ mistake, the contract will be void from the start and therefore treated as though a valid contract never existed. The chapter then considers the law on mistake. It starts with mistakes that prevent the formation of an agreement. The most significant mistake of this type is known as a ‘unilateral mistake’, which is where one party appears to have entered the contract on the basis of a mistake. The next significant issue is known as ‘common mistake’, which is where, at the time of creating the contract, both parties appear to be making the same mistake about the existence of an essential state of affairs. Finally, the chapter addresses the related remedy of equitable rectification before finally turning to the highly exceptional defence of non est factum.

Regulation of Compounding by the Food and Drug Administration

2010 ◽  
Vol 23 (5) ◽  
pp. 502-506 ◽  
Author(s):  
Karl G. Williams
Keyword(s):  
Drug Administration ◽  
Food And Drug Administration ◽  
Pharmacy Practice ◽  
Federal Regulation ◽  
Traditional Art ◽  
The Law ◽  
State Of Affairs

Federal regulation of the traditional art of pharmacy practice compounding is an unsettled area of the law and the profession. For many years, the Food and Drug Administration (FDA) was not interested in compounding. Attempts to regulate by FDA and Congress have caused difficulty within the profession, litigation with inconsistent results, and an unsettled state of affairs. There are a number of possible resolutions.

scholarly journals Zbiorowe diagnozowanie polskiej rzeczywistości. O wywiadach Michała Sutowskiego

2017 ◽  
Vol 61 (4) ◽  
pp. 215-221
Author(s):  
Irena Pańków
Keyword(s):  
The State ◽  
Social Conditions ◽  
Decision Makers ◽  
Scholarly Research ◽  
Valuable Source ◽  
Public Debates ◽  
The Law ◽  
Law And Justice ◽  
State Of Affairs

This essay is a review based on material from nineteen published interviews that focused on a diagnosis of Polish conditions after a year of the Law and Justice [Prawo i Sprawiedliwość] party’s rule. The interviews were conducted with experts—academics and journalists—by Michał Sutowski, who published these interviews as a collection.  The author demonstrates that such a collective diagnosis has major advantages in Poland’s current, rapidly changing, social conditions. Such a method is quicker than the scholarly approach to describing and explaining the state of affairs. The collection of interviews could also be a valuable source of inspiration for public debates and scholarly research in many areas, and could contain guidelines for decision-makers.

U.S. Lower Court Practice

2013 ◽  
Author(s):  
Louis Kaplow
Keyword(s):  
Circumstantial Evidence ◽  
Lower Court ◽  
Conventional View ◽  
Legal Questions ◽  
Lower Courts ◽  
The Law ◽  
State Of Affairs ◽  
Court Practice

This chapter examines how the lower courts confront central legal questions that routinely arise in price-fixing and other horizontal-restraints cases in which the existence of an agreement is in dispute. In light of the discussion in the previous chapters, it is not surprising that the practice in lower courts is difficult to characterize—although some commentators nevertheless depict a substantially harmonious state of affairs. The problem begins with the frequent need to make inferences from circumstantial evidence, which all acknowledge to be necessary. As a consequence of the problem of defining agreement, it is difficult to know what one is trying to infer or how inferences can be made even when evidence of agreement appears to be fairly direct. Various seemingly clear rules, such as the demand for so-called plus factors, are unclear upon examination and cast serious doubt on the conventional view of the law.

16. Frustration of the Contract

2021 ◽  
pp. 534-574
Author(s):  
André Naidoo
Keyword(s):  
The Other ◽  
Unexpected Event ◽  
Fair Distribution ◽  
The Law ◽  
State Of Affairs

This chapter focuses on the frustration of the contract. It is possible for an unexpected event to take place that would make the performance of a contract completely different to what both parties intended. It might be that the event made performance physically impossible or illegal. Alternatively, perhaps the contract was based on a state of affairs that no longer exists as a result of the event. In such circumstances, it might be that the event has ‘frustrated’ the contract so that the contract is ended automatically. The chapter presents the background and basis of the frustration principle before turning to the ways in which a contract can be frustrated. It then addresses the factors limiting the scope of the principle. Finally, the chapter examines the effects of a frustrated contract, which includes limited ‘restitutionary’ financial adjustments between the parties based on specific legislation. Unlike misrepresentation, duress, and influence, frustration is not about remedying wrongdoing. But nor is it about providing a fair distribution of the loss in response to unexpected risks. Rather, the law seeks to prevent one party unfairly benefiting from an unforeseen windfall at the expense of the other in the aftermath of a frustrating event.

2. Actus reus

2021 ◽  
pp. 34-78
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Mens Rea ◽  
Actus Reus ◽  
The Law ◽  
State Of Affairs

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter explains the concept of actus reus. It discusses the elements of crime, defining an actus reus, proving an actus reus, that conduct must be voluntary, state of affairs offences, omissions liability (situations in which a person will be liable for failing to act), causation (including the principles of factual and legal causation), and coincidence in time of actus reus and mens rea. ‘The law in context’ feature analyses critically English law’s approach to liability for causing another person’s suicide.

The State of the Law on Euthanasia in Kenya

2020 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Moni Wekesa ◽  
Martin Awori
Keyword(s):  
Empirical Studies ◽  
Case Law ◽  
The State ◽  
Right To Die ◽  
Criminal Offence ◽  
Dual Effect ◽  
Current State ◽  
The Law ◽  
State Of Affairs ◽  
The Right

The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the 'right to life' or the 'right to dignity' to also include the 'right to die'. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating 'dual-effect' treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of 'free for all'. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya.

Legal management models

2019 ◽  
Author(s):  
Дмитрий Осинцев ◽  
Dmitriy Osintsev
Keyword(s):  
Social Life ◽  
Laws Of Nature ◽  
Social Activity ◽  
Law And Order ◽  
Management Procedure ◽  
Legal Thinking ◽  
The Law ◽  
State Of Affairs ◽  
The Right ◽  
The Mind

In this book there is not a single definition, as is typical for publications on traditional jurisprudence, here legal thinking is presented in its development, based not on abstract philosophizing and attempts to connect the legal life of society with the rigid framework of scientific laws. The preceding line of legal thinking is a ceaseless discussion of how to approach the understanding of law, otherwise the collision of methodologies, but not philosophizing, but discipline of the mind aimed at ensuring law and order is needed, therefore the way of working in the legal sphere is always dogmatic - exact and unquestioning execution of regulations supported by various security, guarantee, jurisdictional, deterrent and other means, while even changing the prescription itself is definitely subject to from dogma enshrined in procedural procedural rules. Mankind builds the law and official jurisprudence in order not to be distracted each time to clarify the content and meaning of these phenomena. The right acts as a guideline of life positions of interested parties to the relationship. The law does not change the state of affairs that naturally took shape, does not create new laws of nature, economics, social life, etc., but can give them an official style, and nothing more. The norms of law do not coexist along with other social norms, but give them socially significant official status, replace them, and also create innovations in the regulation of social activity. The right is a sign form of government invested with legal constructions, and the form is transformed. The right is accepted by society methods of invasion of the established socio-cultural situation and giving it a kind of conservative tradition after changing the natural course of affairs and replacing it with the normative management procedure.

scholarly journals “It Is a Nomos Very Different from the Law”: on Anarchy and the Law

2021 ◽  
Vol 96 ◽  
pp. 125-139
Author(s):  
Christos Marneros
Keyword(s):  
Gilles Deleuze ◽  
The State ◽  
Philosophical Thought ◽  
Complex Mechanisms ◽  
The Law ◽  
State Of Affairs ◽  
The Relationship

The relationship between anarchy and the law is, to say the least, an uncomfortable one. The so-called ‘classical’ anarchist position – in all its heterogeneous tendencies – is, usually, characterised by a total opposition against the law. However and despite its invaluable contribution and the ever-pertinent critique of the state of affairs, this ‘classical’ anarchist position needs to be re-examined and rearticulated if it is to pose an effective nuisance to the current (and much complex) mechanisms of domination and the oppression of dogmatism and dominance of the law. Taking into account the aforementioned challenges, in this article, I examine and develop two notions of the philosophical thought of Gilles Deleuze, namely that of the institution and that of the nomos of the nomads. In doing so, I aim to think anew the relationship between anarchy and the law and, ultimately, to point towards an ethico-political account, of what I shall call an an-archic nomos which escapes (or, at least, tries to) the dogmatism and “archist” mentality of the law.

Sovereignty, Mastery, and Law in the Danish West Indies, 1672–1733

Itinerario ◽  
2019 ◽  
Vol 43 (02) ◽  
pp. 283-304
Author(s):  
Gunvor Simonsen
Keyword(s):  
West Indies ◽  
Stable State ◽  
State Sovereignty ◽  
The Political ◽  
Crime And Punishment ◽  
Legal Thinking ◽  
The Law ◽  
Danish West Indies ◽  
State Of Affairs

AbstractIn the late seventeenth and early eighteenth centuries, officers of the Danish West India and Guinea Company struggled to balance the sovereignty of the company with the mastery of St. Thomas’ and St. John's slave owners. This struggle was central to the making of the laws that controlled enslaved Africans and their descendants. Slave laws described slave crime and punishment, yet they also contained descriptions of the political entities that had the power to represent and execute the law. Succeeding governors of St. Thomas and St. John set out to align claims about state sovereignty with masters’ prerogatives, and this balancing act shaped the substance of slave law in the Danish West Indies. Indeed, the slave laws pronounced by and the legal thinking engaged in by island governors suggest that sovereignty was never a stable state of affairs in the Danish West Indies. It was always open to renegotiation as governors, with varying degrees of loyalty to the company and at times with questionable capability, strove to determine what sovereignty ought to look like in a time of slavery.

Russian Society and the Three Decades of National Parliamentarism

2018 ◽  
Vol 42 ◽  
pp. 38-49
Author(s):  
Alexey V. Makarkin
Keyword(s):  
Public Opinion ◽  
Family Health ◽  
The State ◽  
The Political ◽  
Russian Society ◽  
Social Phenomenon ◽  
Russian People ◽  
The Law ◽  
State Of Affairs ◽  
Vladimir Putin

The Russian Parliament is often considered to be an unpopular authority, though on closer examination it becomes evident that the situation is more complicated than it could seem at first glance. The popularity of State Duma during the presidency of Vladimir Putin is really inferior to the popularity of the President, still the attitude to the State Duma as the instrument of power depends greatly on the actual political state of affairs and the state of public opinion, and has changed in different times. At the same time the reaction of the society to the lawmaking process may be of more fundamental character. The conservative style of behavior of the Russian people in recent years has substantially changed their attitude to the law, and can be viewed as an important new factor of public opinion. We could speak about such social phenomenon as “new conservatism” that is more related to the style of life than to the political choice, when this style is targeted to the “normality” demonstrated in the concern for the personal and family health and welfare, and respect for the law, even if the law is not perfect, as the necessary tool for the defense of the citizen’s interests. Such conservatism favors the growth of the “Yedinaya Rossia” (“United Russia”) party rating, but doesn’t exclude the possibility of those conservatives voting for non-conservative parties, depending on the sympathies and current political challenges.

Sign in / Sign up

Export Citation Format

Share Document