2. Agreement problems

2019 ◽  
pp. 30-47
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors

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. This chapter focuses on issues which may prevent the parties from reaching agreement. Agreement problems generally affect the agreement by rendering it void. It is necessary, however, to distinguish a void contract from one which is merely voidable. If an apparent agreement is too uncertain in its terms (e.g. because it is vague or essential terms are missing), the courts will not enforce it because they will not construct a binding contract for the parties. An apparent agreement may be void where the parties entered into the agreement under a ‘fundamental’ mistake which the law recognizes as preventing the parties from ever reaching agreement.

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Оksana Rusova ◽  
◽  
Olga Samoilova ◽  

This article focuses on the problematic issues that arise in the process of appointing a forensic handwriting examination, where the object of study are manuscripts performed in a state of intoxication. The reliability of the conclusions will largely depend on the correct quality and sufficient quantity of comparative material. This will be possible if the initiator of the study, after careful consideration of their work, qualitatively selects comparative material for the study. The purpose of this article is to further improve the purpose of forensic handwriting examination, the object of which is the study of manuscripts made in a state of intoxication, as well as to provide practical recommendations that will allow the initiators of the study to correctly select comparative material. Of particular importance in the conduct of forensic handwriting diagnostic examinations are information from the case file relating to the subject of examination, ie in the resolution, decision or statement must be indicated: first, it is information about the person - the actual or intended executor of the manuscript; second, essential information relating to the situation, the situation in which the manuscript in question was presumably performed, and in connection with it, the possible psychological attitude or emotional state of the person writing. When the initiator of the study informs the expert of the necessary information, he should not be afraid to "impose" a certain version, because the method of expert research is based on checking all the most likely alternatives (versions and counter version) and making decisions based only on objective data. Regarding the selection of comparative material provided for research in establishing whether a person was intoxicated, there are some peculiarities in the selection of experimental samples, because we cannot bring a person in such a state to take the necessary samples because the law prohibits harm to health, humiliation and infliction of moral suffering. They can be obtained without violating the law, by changing the condition, namely, you need to dictate the text at an extremely fast pace. The expert may also make a request, although the initiator of the study provided comparative material such as free, conditionally free and experimental samples, because there may be concomitant factors that the initiator did not take into account when selecting, such as experimental samples. The expert's request should be treated responsibly because the quality of the expert's opinion may depend on how well it is executed.


Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis

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.


Author(s):  
Dr Karen Dyer

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. This chapter discusses general defences, covering key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the concept of negligence; the Occupier's Liability Acts; the defence of volenti non fit injuria; the defence of contributory negligence and the Law Reform (Contributory Negligence) Act 1945; and the defence of illegality — ex turpi causa non oritur action.


2021 ◽  
pp. 35-50
Author(s):  
Michael Jefferson

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. This chapter discusses the law on employee wages. An employer may be required to pay wages even if there is no work for the employee to do. Part II of Employment Rights Act 1996 deals with the protection of wages. The National Minimum Wage Act 1998 (NMWA) provides a minimum hourly wage for workers. A higher minimum wage for those over 23 (until 2021, this was 25), the National Living Wage, was introduced in 2016.


2019 ◽  
pp. 114-129
Author(s):  
James Marson ◽  
Katy Ferris

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. This chapter reviews the law on the termination of the employment contract. Employees have a statutory right not to be unfairly dismissed and the Employment Rights Act (ERA) 1996 identifies the criteria to be satisfied in order for the employee to gain protection. The common law protects against wrongful dismissal and provides tests and guidance for situations involving a breach of an employment contract. The chapter also considers redundancy situations. As this is governed by statute, it is necessary to appreciate the obligations imposed on the employer to adopt fair procedures.


Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors

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. This chapter focuses on issues which may prevent the parties from reaching agreement. Agreement problems generally affect the agreement by rendering it void. It is necessary, however, to distinguish a void contract from one which is merely voidable. If an apparent agreement is too uncertain in its terms (e.g. because it is vague or essential terms are missing), the courts will not enforce it because they will not construct a binding contract for the parties. An apparent agreement may be void where the parties entered into the agreement under a ‘fundamental’ mistake which the law recognizes as preventing the parties from ever reaching agreement.


Author(s):  
Susan Heenan ◽  
Anna Heenan

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. This chapter discusses financial provision on divorce or dissolution of marriage or civil partnership, including housing and everyday expenses of the parties and any children involved. It considers the courts’ statutory powers to redistribute property in case of divorce, nullity, judicial separation, or the dissolution of a civil partnership. The chapter explains how civil partners in the UK are treated under the Civil Partnership Act 2004 (CPA) and the courts’ application of the provisions of the Matrimonial Causes Act 1973 (MCA) in reaching a decision in divorce cases. It also discusses the three principles of financial needs, compensation, and sharing used by the courts in making an award; nuptial agreements; the Law Commission Report on Matrimonial Property, Needs and Agreements; and provision for children under the MCA, the CPA, the Child Support Act 1991, and the Children Act 1989.


Author(s):  
Michael Jefferson

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. This chapter discusses the law on redundancy. Employees are considered redundant if the employer has ceased or intends to cease carrying on the business for the purposes for which the employees were employed, or in the place where they are employed there has been, or will be, a diminution in the need for work of a particular kind. The burden of proof is on the employer to show that any offer of alternative employment was suitable and that any refusal by the employee was unreasonable. The size of a redundancy payment depends upon the employee’s age, length of service, and the amount of a week’s pay.


Author(s):  
Michael Jefferson

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. This chapter discusses the law on employee wages. An employer may be required to pay wages even if there is no work for the employee to do. Part II of Employment Rights Act 1996 deals with the protection of wages. The National Minimum Wage Act 1998 (NMWA) provides a minimum hourly wage for workers. A higher minimum wage for those over 25, the National Living Wage, was introduced in 2016.


Author(s):  
Jonathan Herring

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. Criminal Law Concentrate covers fundamental principles of this area of law and helps the reader to succeed in exams. Topics covered include the basis of criminal liability, actus reus, mens rea, and strict liability. The chapters also examine offences such as non-fatal offences, sexual offences, homicide, inchoate offences, theft, and fraud. Defences are also examined in the final two chapters. This edition has been updated to include: recent developments in the law and new cases such as Jogee, Conroy, Golds, Ivey, and Joyce; more detail on sexual offences; more revision tips and tables to improve learning; and an ‘Exam essentials’ feature.


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