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The law recognizes both types of the contents of a contract, that is, expressed and implied and has its implication when looked from the Customary, Common law, and Statutory perspectives. But, before discussing the implication of the implied contents of a contract under different legal perspectives, there is a need to comprehend the core meaning of the terminology ‘implied content of a contract’.
The Definition
The dictionary (Cobuild, 1996) meaning of implied is, “something which indirectly indicates that it is the case”. A synonym for the same is also implicit, which means implied but not expressed. Thus we need to read between the lines or to find it, as it is not physically expressed in the contract.
A dictionary of law (Osborn’s Concise, 1993) provides the following definition of the implied term: “A term in a contract which has not been expressively stated but which the courts are willing, or required by statute, to imply.
A ministry of the New Zealand government’s also interprets the implied terms as an unstated part of a contract. According to them “implied terms are most commonly implied by statute – ie, that kind of contract is covered by a particular Act. eg, contracts for the sale of goods will have an implied term which guaranteed that goods will be of acceptable quality; the contract does not have to specifically mention the Customer Grantee Act”. Read more…
The biggest changes in London’s law and order set up took place in the nineteenth century, around the time of the Jack the Ripper murders. This essay is going to discuss the role of the police, how and why the police force changed, the reasons behind it, and what difference these changes made to society.
Law and order in Britain consisted of two police forces in 1800, the Bow Street Runners and the Thames River police force. The forces were under constant threat because of the rapidly growing population, and the lack of sufficient constables. In London in 1829 there were 450 constables and 4000 watchmen, compared to 1.5 million inhabitants of London. Watchmen and parish constables patrolled the streets of London, who kept an eye out for trouble, and prevented disturbances and robberies. They were probably quite effective, because they knew the local area and the local troublemakers well, but little is known about them. However, these officers could not deal with big disturbances, like riots. At this time, there were frequent Chartist uprisings in London, which the police were completely unable to control. The Industrial Revolution (1750-1850) also caused an increase in homicide, robbery, theft and burglary, which added to the demand for a more effective police force. Read more…
Late in 1290, following the death of Margaret, Maid of Norway, (granddaughter of Alexander III, himself killed in an accident in 1286) a new period of ‘perplexity’ began in the Kingdom of Scotland. The Maid, who had been accepted by the Magnates (on paper at least) as the heir to the throne of Scotland, had left the Kingdom she had never seen on the brink of a power struggle between two rival factions for the crown- the Bruce and Balliol families. In a bid to avoid Civil War, Edward I was accepted to judge the competitors and choose a King. Although 14 claims were submitted, only four ever stood any real chance of success- the claims of Balliol (the favourite), Bruce (also strongly backed), Count Florence of Holland and John de Hastings. This essay argues that Balliol’s claim of primogeniture was legally far superior and the foundation of the Bruce claim was nothing more than opportunism.
All four candidates for the throne were legitimately descended through Henry of Northumberland, son of King David I. All but Florence Count of Holland were descended through David, Earl of Huntingdon, the Count being descended through Ada, David’s older sister. Florence whose argument went against the claims of all of the other three, based his claim on Earl David giving up his own claim to the throne in return for the lands of Gairoch in the north-east of Scotland. He alleged that the then King, (William) had named his sister Ada and her heirs as first in line of succession should his own line fail (as it had with the death of the Maid of Norway.). If proved this would defeat the claims of both Bruce and Balliol. Read more…
Computers have made a major change in our lives. Through history, we have seen how computers have changed, and how gradually they have become almost essential to every business, school, and institution in our country. Even the little people seem to require the use of computers to accomplish their daily tasks. Statistics show that about 1 in every 5 households own at least one computer, and it is predicted that by the year 2002, the ratio will be 3 to 1. In fact, my computer, and access to the Internet were very important when obtaining the data to complete this paper. But are computers really miracle machines which can perform any task? No they are not. In fact, computers cannot do the job on their own. Computers require computer programs, also know as software programs (De Natale), which are designed for specific purposes such as word processing, accounting, management, video conferencing, and sound, among many others.
Our country has grown and continues to grow at a very fast pace, and society is busier now, than it was 50 years ago. This is where computer programs become very valuable time-savers, by reducing the time required to accomplish a mission. According to the Software History Center Web page, the history of software programs began in the early 1950?s. Read more…
Late in 1290, following the death of Margaret, Maid of Norway, (granddaughter of Alexander III, himself killed in an accident in 1286) a new period of ‘perplexity’ began in the Kingdom of Scotland. The Maid, who had been accepted by the Magnates (on paper at least) as the heir to the throne of Scotland, had left the Kingdom she had never seen on the brink of a power struggle between two rival factions for the crown- the Bruce and Balliol families. In a bid to avoid Civil War, Edward I was accepted to judge the competitors and choose a King. Although 14 claims were submitted, only four ever stood any real chance of success- the claims of Balliol (the favourite), Bruce (also strongly backed), Count Florence of Holland and John de Hastings. This essay argues that Balliol’s claim of primogeniture was legally far superior and the foundation of the Bruce claim was nothing more than opportunism. Read more…
Picture a world in which men can beat up other men and women, it is ok to kill, and stealing is accepted. If a man could come into your house right now and murder you without punishment the world would be in chaos! This is why we need laws, for the simple reason of keeping society running smoothly. To keep everyone protected, to offer full equality to all, and finally to punish those who disobey.
Safety is just one of the many things that is offered to us by having laws. For one, it gives us a peace of mind. Knowing that you can sleep at night without (for the most part) worrying about being killed or having your house robbed is essential to keeping order in our society. If there were no laws, how can one say that they can go to sleep at night with a peace of mind, knowing that any second now someone could break into their house, steal everything, and not get punished in anyway. That relates to the next job of safety: You are protected for what you have worked hard for and earned. Imagine living in a world where someone could just claim something that is yours as their own. You would have no protection or safety against any thing of this matter if it wasn’t for the law. Read more…
A Husband Speaks in His Own Defense
Euphiletus’s testimony is an insightful document, accounting, first-hand life in Classical Greece. This article opens the door to the inner workings of Greek home life as it pertains to husband and wife, as well as family and servant. Because of the nature of this document, there is also a great deal one can learn about the citizen’s attitude towards the law.
Euphiletus, after killing the man who seduced his wife made the case to the court that he was merely upholding the law. One can naturally assume that Euphiletus was not a man of great material wealth, he even said himself, and “I have a small house, which is divided into two.” It would seem that during 400 B.C. only the wealthy would have exposed access to the laws of the time. Although ordinary citizens would serve on the council of 500 and attend the assemblies, to make decisions regarding alliances etc… In Euphiletus’s plea for justice, he cited several laws in documents that he declared would free him. It becomes evident that the ordinary citizen truly must have been exposed to the law a great deal. Read more…
The law is a reflection of the values of society, and therefore needs reform as the needs and values of society change. Conditions that may lead to law reform include failure of existing laws, international law reform, and the impact of new technology. Each of these conditions impact upon societal needs and values and consequentially often give way to reform of the legal system.
Whilst reflecting the values of society, the law also has the responsibility to protect the rights of both the victim and the accused. Thus, when changes in the law occur, a balance between maintaining the rights of the accused and not abusing the rights of the victim must be sustained. At times this creates conflict, particularly when it is perceived that the rights of the accused are too extensive. Such conflict has occurred within Australia with regards to sex offender registers and how effective these registers really are in balancing the rights of the victim, the accused and the community. Read more…
The definition of good and bad can be divided into the good and the bad. Every person lives by their own ideals of what is “good” and what they think is “bad.” One ideal example of the moral vs. immoral viewpoint is outlined by the Good Samaritan Law. This law offers immunity from liability for a person if they choose to assist another in an emergency. In order for me to have come to the decision that the law ought to require people to be Good Samaritans, there were many important factors and philosophers to contemplate.
One significant deciding factor is the purpose of the law. The general basis/purpose of the law is to classify the rules of jurisprudence in their correct order, show their relation between one another, and settle the manner that new or uncertain cases should be brought under appropriate rules. There are three stances one may take in what they consider the purpose of the law to be. One may believe in legal positivism, where law is dependent upon government for its existence. Another is the idea that law reflects the beliefs of the majority. The third is the idea of true law; can law only happen if there are sanctions and is there such a thing as true law where law does not base itself on an agency or government? Legislating laws evaluates existing standards; they can be changed and/or repealed. Read more…
