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Law Contract Essay

2477 words - 10 pages

ACKNOWLEDGEMENT


I would like to express my heartiest gratitude to my lecturer Mr.Mukunda whose motivation and guidance from day one until the completion date of the assignment which helped me develop a better understanding of the subject.
Lastly I would like convey my regards to everyone who was helpful to me during the stage of completing my assignment.

Mishalee Samlasegran

QUESTION 1

Briefly explain with the aid of the doctrine of judicial binding predecent with reference to the hierarchy of UK courts.
(20 marks)

1 )The doctrine of judicial binding precedent refers to the sequel in which judges follow cases decided previously in its other name known as stare ...view middle of the document...

Civil division is bounded to the previous decisions by itself as well as the House of Lords. However exceptions to this system occurs in the cases if a conflict occurs within the two previous decisions by the court itself where it has to choose either one or a previous decision by the court itself collides with the ones of the House of Lords and the last one is when a per incuriam occurs in the decision where in this scenario lack of precedents when the particular case is produced in the courts. Example of case is Young v Bristol Aeroplane Co ltd (1944). Criminal division works the same as the civil division except that it is not bounded to its previous decisions as it does not believe in unfairness towards the appellant. Example R v GOULD (1968). (Abott, Pendlebury and Wardman, 2007)
The High Court is branched out into High Court Divisional Court and High Court Judges at First Instance. Divisional Courts is usually held tight to its previous decisions as in the Young’s case and in the criminal case R v GOULD (1968). However, Judges at First Instance is not bounded to any high court judges but holds the most persuasive power. (Abott, Pendlebury and Wardman, 2007)
Crown Court is unable to create precedent and its decisions are not against to what decided by the persuasive authority and for the inferior courts Magistrate Courts, Country courts are not held to the previous decisions as they are more likely to be less in power and are usually not reported. (Abott, Pendlebury and Wardman, 2007)
The whole doctrine system implies back to the basic point in the hierarchical structure of the courts of UK where the judicial power lies in the hands of higher courts which holds to the lower courts which comes along in the hierarchical structure of UK. (Abott, Pendlebury and Wardman, 2007)

QUESTION 2

On June 1 S wrote letter to p offering his car for $1200 the offer to remain open until 7 June. However soon after posting that letter S changed his mind and on the morning of June 2 he posted a second letter to P advising him that the car was no longer for sale.
P received S’s first letter at 10am on 3 June and at 2pm on the same day P posted the following reply to S: - “I like your offer but due to my present financial position will you accept a payment of $100 per month over a year?” This letter reached S on the morning of 4th June.
That afternoon (4 June), P also changed his mind. At 3pm he posted the following letter to s: - “forget my last letter. I accept your offer and can pay immediately I receive the car. An hour after posting that letter, P received S’s second letter and S received P’s second letter the following morning.

a) Is there a contract between S and P? If there is no contract then explains why there is no contract and if there’s a contract then explain why there’s a contract? ( 35marks)
b) Explain the law in relation to acceptance if the method of communication used was either sophisticated electronic...

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