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Consideration and the death of contract theory |
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Written by admin
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Thursday, 10 July 2008 09:29 |
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It is argued that the traditional rule of past consideration is vague, unclear and uncertain without any real explanation and solid justification, and that is evidenced by the fact that courts, drafters of the Restatement (Second) of Contracts, and legal scholars have all struggled with the notion of that rule trying to find whether and in what circumstances it should be applied. Furthermore, the author agrees to a certain extent with the conclusion reached by professor Gilmore in relation to the doctrine of consideration that it has been reabsorbed into other branches of law, and that is evidenced by section 86 of the Restatement Second of Contracts. The author disagrees with professor Gilmore’s overall conclusion of the erosion of the doctrine of consideration, and the death of contracts, the fact that contracts are still flourishing and prospering everyday means that the conclusions reached are incorrect and they need reinvestigating. |
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Last Updated on Saturday, 28 February 2009 12:40 |
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Written by admin
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Thursday, 10 July 2008 07:56 |
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In this research paper I examined the dictum of Lord Halsbury on Salmon V Salmon [1897] A.C.22 that outlined very fundamental concept of corporate law in the U.K. I assessed the Limited Liability Company (LLC), one-man companies, and group of companies. I examined shareholders' interests and creditors' interests in relation to common law and how to protect creditors. I conclude by outlaying the exact position in the U.K in relation to limited liability companies and corporate personality. |
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Last Updated on Saturday, 28 February 2009 12:40 |
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Written by admin
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Thursday, 10 July 2008 07:48 |
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The research paper concentrated on shipowners' liability. In this paper I categorized shipowners' obligations under three distinct groups. Shipowners' obligations before commencement of the voyage, shipowners' obligations during the voyage, and their obligations after the ships reach their final destinations. I have dealt with some specific obligations of shipowners including providing a seaworthy vessel, reasonable dispatch, storage below deck, the responsibility of following the agreed-upon route, and finally delivering the cargo when the ship reaches its final destination. I relied on common law cases to determine shipowners' liability.
I also discussed negligence, defined its meaning, and considered its effects on the liability of shipowners. I mentioned limitation of liability either under the Hague-Visby rules or under the Merchant Shipping Act of 1995. I concluded my research paper by mentioning the fact that shipowners can rely on limitation provisions offered in the Hague-Visby rules and Common law only when they perform their obligations under the contract of carriage. |
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Last Updated on Saturday, 28 February 2009 12:41 |
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