3. Consideration and Intention to Create Legal Relations

2019 ◽  
pp. 33-54
Author(s):  
James Devenney
Keyword(s):  
Questions And Answers ◽  
The Law ◽  
And Performance

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans, suggested answers and other features. This chapter explains the doctrine of consideration and other elements necessary for the enforceability of an agreement, such as an intention to create legal relations. The doctrine of consideration is shaped by three important rules: traditionally consideration must move from the promisee (a party must provide consideration if he is to sue on a promise); consideration must be sufficient but need not be adequate (both parties need only contribute something of value in the eyes of the law to the bargain, however disproportionate); and performance of an existing contract does not normally constitute sufficient consideration for any modification in the terms of that contract. The chapter also looks at the equitable doctrine of promissory estoppel.

Who Will Keep the Public Healthy? Assuring a Legally Prepared Workforce

2003 ◽  
Vol 31 (S4) ◽  
pp. 81-83 ◽  
Author(s):  
Mary Anne Viverette ◽  
Jennifer Leaning ◽  
Susan K. Steeg ◽  
Kristine M. Gebbie ◽  
Maureen Litchveld
Keyword(s):  
Law Enforcement ◽  
International Association ◽  
Department Of Justice ◽  
Law Enforcement Agencies ◽  
Rigorous Evaluation ◽  
The Public ◽  
Chiefs Of Police ◽  
The Law ◽  
And Performance ◽  
Evaluation Techniques

The Commission on the Accreditation of Law Enforcement (CALEA) employs rigorous evaluation techniques. Objective accreditation, such as made possible by CALEA, is important from the public’s perspective and in the national community of law enforcement.To counteract a general distrust of law enforcement agencies, the Law Enforcement Assistance Administration (LEAA) developed a grant to develop standards by which the quality and performance of law enforcement could be measured. LEAA developed 107 standards and, though well received by the law enforcement community, no single group or agency took the initiative to begin a program to evaluate and implement the standards. In 1979, the Department of Justice established an additional grant that effectively organized the four major law enforcement groups: the International Association of Chiefs of Police, the National Sheriff’s Association, the National Organization of Black Law Enforcement Executives, and the Police Executive Research Forum.

scholarly journals GROWTH FACTORS OF QUALITY AND PERFORMANCE OF THE STATE AUDIT

THE BULLETIN ◽  
2020 ◽  
Vol 6 (388) ◽  
pp. 120-129
Author(s):  
Zhagyparova A.O. ◽  
◽  
Tulegenova Zh. ◽  
Bekbusinova G.K. ◽  
Solovyova I.A. ◽  
...  
Keyword(s):  
Internal State ◽  
The State ◽  
Financial Control ◽  
Internal Auditors ◽  
Analysis Process ◽  
Public Resources ◽  
State Audit ◽  
The Law ◽  
And Performance ◽  
State Body

The article analyzes the fundamentals of standardization in the field of state audit and its role in the activity of the supreme financial control bodies. The importance of standardization was confirmed in the preparation of proposals and recommendations, based on the results of control and expert-analytical activities by the supreme financial control bodies, with the aim of improving the management of public resources. Expert-analytical activities significantly increase the efficiency of internal state auditors. It is one of the most important tools in the implementation of the functions and powers assigned to internal auditors under the Law. Today, there are many types and methods of audit and analytical procedures. In addition to them, computerized techniques were added, that help auditors to automate the analysis process and make it less costly and time-consuming. Expert-analytical activities for bodies of internal state audit are not regulated by law. This means that the bodies of internal state audit do not conduct an expert-analytical event separately from the audit, as an independent event, in contrast to the bodies of external state audit. Expert-analytical activity for internal state audit bodies is one of the analysis tools for conducting audits, fixed in accordance with the functions of the state body under the Law.

International Law Concentrate

2021 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.

Renewal of the Land Lease Agreement: Problems of Theory and Judicial Practice

2020 ◽  
Vol 27 (3) ◽  
pp. 48-62
Author(s):  
Vitalii Urkevych
Keyword(s):  
Legal Regulation ◽  
Practical Significance ◽  
Structural Method ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
Important Object ◽  
And Performance ◽  
Lease Agreement

Land is the most important object of the environment. It is an indispensable means of production in agriculture, the territorial basis for the location of various objects. It is argued that the proper functioning of land lease relations is a guarantee of sustainable economic circulation, a guarantee of the exercise of rights and performance of duties by both the lessor and the lessee of the land. The issue of renewal of the land lease agreement after its expiration is debatable. The purpose of the study is to outline the existing theoretical and law enforcement problems regarding the renewal of the land lease agreement, to make proposals to eliminate the latter. To achieve this purpose, a system-structural method of scientific knowledge was used, which helped analyse the prescriptions of the legislation on renewal of the land lease agreement, their relations and interaction were highlighted. The study proves that the lessee's pre-emptive right exists to renew the land lease agreement only for the same period and on the same terms and in the absence of objections to such renewal by the lessor. If the lessee tries to change the essential terms of the land lease agreement and in the absence of the lessor's consent to such changes, the lessee's pre-emptive right to enter into a land lease agreement for a new term is terminated. It is emphasised that in each dispute it is necessary to establish the good faith of the lessor’s actions to refuse to renew the land lease agreement with one person (lessee) and the subsequent conclusion of the agreement with the new lessee. The use of the category of "less protected" party in land lease legal relations appears debatable, because depending on the subject composition of the parties to these legal relations, such a party can be both a lessee and a lessor. It is concluded that the Supreme Court should unify the practice of applying the provisions of the law on the renewal of the land lease agreement (only in combination with other regulations or autonomously, with the use of the principle of "tacit consent"). The possibility of autonomous application of such instructions is indicated by the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Counteraction to Raiding”. The revealed shortcomings of the legal regulation of the renewal of the land lease agreement after its expiration indicate the directions of improvement of the legislation in land lease, which has practical significance

SISTEM PENILAIAN PRESTASI KERJA PEGAWAI KOMISI PENYIARAN INDONESIA DAERAH ACEH

2014 ◽  
Vol 1 (2) ◽  
Author(s):  
Said Firdaus
Keyword(s):  
Performance Evaluation ◽  
Job Performance ◽  
Evaluation System ◽  
Individual Evaluation ◽  
The Law ◽  
And Performance ◽  
And Function ◽  
Good Behaviour

Aceh Indonesian Broadcasting Commision is an independent institution and has authority according to the law to manage the running of broadcasting in Aceh. In performing it tasks and function, KPID has been assisted by a secretariat where the personnels are outsourcing staff. To evaluate the performance of staff, KPID carried out performance evaluation system.Performance evaluation system at KPID is in form of individual evaluation where a superior directly evaluate behaviour and performance of his/her subordinates. For behaviour evaluation, the results of evaluation is in form of good, middle, and less good behaviour. While for performance, the results is in form of the achievement of job volume. The results would then be base for the decision of the institution.According to evaluation been done and compared with the theory, it can be concluded that in the staff job performance evaluation within KPID, the system used has been complied with the regulation. It can be seen from the administration of staff job performance evaluation at KPID where the method used was the same as the theory. 

11. Mixed topic questions

2018 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Case Law ◽  
Legal Issues ◽  
Redundant Information ◽  
Single Issue ◽  
Questions And Answers ◽  
Flow Charts ◽  
The Law ◽  
The Given

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter describes how examination questions frequently cover several issues. It is impossible to cover each area in the same depth as single-issue questions so it is important to take time listing matters that raise points of law, then specifying the appropriate statute or case law, and finally applying the law to the given facts. A well-crafted question will not contain redundant information, so be prepared to comment on all parts of it. These questions do not ask for an evaluation or criticism of the law as it is, but for identification of legal issues in the narrative given and application of the law to each. It may be appropriate to refer to academic commentary, particularly in new areas of law.

9. Share Capital

2020 ◽  
pp. 163-178
Author(s):  
Imogen Moore
Keyword(s):  
Financial Assistance ◽  
Capital Maintenance ◽  
Private Companies ◽  
Public And Private ◽  
Share Capital ◽  
Statutory Law ◽  
Questions And Answers ◽  
The Law ◽  
A Company

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on share capital for public and private companies. The doctrine of capital maintenance ensures that the company has raised the capital it claims to have raised; and that the capital is not subsequently returned, directly or indirectly, to the shareholders. There is a great deal of (mainly statutory) law surrounding this doctrine This chapter considers the capital maintenance doctrine itself and many related topics, including: the issue of shares for non-cash consideration, issue of shares at a discount, reduction of capital, purchase of a company’s own shares, redeemable shares, payment of dividends, and financial assistance by a company for the purchase of its own shares.

7. Minority Shareholder Remedies

2020 ◽  
pp. 121-141
Author(s):  
Imogen Moore
Keyword(s):  
Minority Shareholder ◽  
Company Directors ◽  
Questions And Answers ◽  
The Law

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on minority shareholder remedies, which provide some limited protection or avenues of redress for a shareholder with grievances concerning the actions of the company, directors, or majority shareholders. The chapter explores, in particular: the rule in Foss v Harbottle; derivative claims; personal claims and the issue of reflective loss; the ‘unfair prejudice’ remedy in Companies Act 2006, s. 994; and petitions to wind up the company on the ‘just and equitable’ ground under Insolvency Act 1986, s. 122(1)(g).

4. Enforceability of promises: consideration and promissory estoppel

2019 ◽  
pp. 123-169
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
General Requirement ◽  
Binding Effect ◽  
Legal Duty ◽  
English Law ◽  
The Law ◽  
And Performance

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Under English law, bargains and not gratuitous promises are enforced, thus a promise will not be enforceable if it is not contained in a deed (implying that any promise is taken seriously) or supported by consideration. Consideration refers to an act or a promise given in exchange for the promise (that is, the price for which the other’s promise was bought). The law does not recognize some acts or promises as good consideration, such as past consideration and performance of an existing legal duty. This chapter examines the general requirement in English law to provide consideration in order to enforce a contractual promise. The consideration requirement is relevant not only to the formation of a contract but also to the enforceability of promises altering the terms of an existing contract (alterations). An alteration promise that is not supported by consideration may still have some binding effect on the basis of the doctrine of promissory estoppel.

9. Share Capital

2018 ◽  
Author(s):  
Imogen Moore
Keyword(s):  
Financial Assistance ◽  
Capital Maintenance ◽  
Share Capital ◽  
Statutory Law ◽  
Questions And Answers ◽  
The Law ◽  
A Company

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on share capital. The doctrine of capital maintenance ensures that the company has raised the capital it claims to have raised; and that the capital is not subsequently returned, directly or indirectly, to the shareholders. There is a great deal of (mainly statutory) law surrounding this doctrine This chapter considers the capital maintenance doctrine itself and many related topics, including: the issue of shares for non-cash consideration; issue of shares at a discount; reduction of capital; purchase of a company’s own shares; redeemable shares; payment of dividends; and financial assistance by a company for the purchase of its own shares.

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