...THE CONCEPT OF A LEGAL SYSTEM An Introduction to the Theory of Legal System SECOND EDITION JOSEPH RAZ CLARENDON PRESS · OXFORD -iiiOxford University Press, Great Clarendon Street, Oxford ox2 6DP Oxford New York Athens Auckland Bangkok Bogota Bombay Buenos Aires Calcutta Cape Town Dar es Salaam Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madras Madrid Melbourne Mexico City Nairobi Paris Singapore Taipei Tokyo Toronto Warsaw and associated companies in Berlin Ibadan Oxfordis a trade mark of Oxford University Press Published in the United Statesby Oxford University Press Inc., New York © Oxford University Press 1970, 1980 First published 1970 Second edition 1980 Reprinted 1990, 1997 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press. Within the UK, exceptions are allowed in respect of any fair dealing for the purpose of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, or in the case of reprographic reproduction in accordance with the terms of the licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside these terms and in other countries should be sent to the Rights Department, Oxford University Press, at the address above This book is sold subject to the condition that it shall not, by way of trade or otherwise...
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...Nationalism raged in Africa as an outcome of white rule and colonization of the native African’s land of which Zambia is not an exception. Africans were in pursuit of uniting all of Africa with black solidarity and eventually self- governing rule. Those who sought that were called Pan-Africanists and started their revolt with protests and by reminding Africans with liberating sparks of freedom in slogans and ideas such as “Africa for the Africans”.PanAfricanist believed that Africa had a glorious past and that Africans had deeply influenced Western civilization. All of this talk and liberating actions prided Africans to join in their own movement, but was of course met by struggles and challenges.Therefore, this academic essay aims at discussing the impact of nationalism towards Zambian culture. In order to achieve this, the essay will begin by giving brief explanation on Zambian culture as well as Nationalism and thereafter stretch negative and positive impact of nationalism on this culture. Zambia’s contemporary culture is a blend of values, norms, material and spiritual traditions of more than 73 ethnically diverse people. It is believed that most of the tribes of Zambia moved into the area in a series of migratory waves a few centuries ago. They grew in numbers and many travelled in search of establishing new kingdoms, farming land and pastures. Culture comes in many forms and shapes that are constantly evolving. One way of thinking about culture is as “an iceberg sticking...
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...2012 Sonja Dickens, Esquire Enterprise Risk Management Enterprise risk management may be defined as “people, systems, and processes working together across the organisation to systematically think about managing a wide range of risks that could impede achieving organisational objectives/opportunity” (Harb. 2008, slide 4). The student writers were asked to watch a video in which product liability was an issue. In the video, Non-Linear Pro sold an underperforming editing system to Quick Takes Video. The students were asked to identify potential tort risks in the video, to use the seven key elements of successful enterprise risk management to help mitigate associated risks, and to determine the criteria of involving legal counsel in product liability disputes. Potential Tort Risks Business-to-business sales are an important aspect of a supply and demand economy. In the video case study Product Liability the transaction demonstrated highlights some of the tort scenarios a business manager may encounter during the course of business. The torts risks in the video are classified in three categories. Although not all the tort risks are appropriate for follow up action, one tort risk is a clear violation. Through a process of analysis, the determination of the business manager may be to involve legal counsel to recover damages for the tort. There are three categories of tort doctrine. As stated by Cheeseman (2010) “These tort doctrines include...
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...franchise system (even large, well-established international companies) begin the process at the end - the development of the legal agreements. Presented with a lengthy questionnaire by their legal counsel, they are asked to provide information necessary to prepare franchise agreements and disclosure documents. The problem, though, is that the questions are often their main guide to how their franchise system should be structured. As a potential franchisor you may not fully understand all of the questions or have an independent frame of reference to know what all your available options truly are. The attorneys, knowledgeable in the law and prior agreements, often will provide you with advice and direction. However, without the benefit of being able to evaluate business alternatives, conduct research, and fully explore the strategic considerations that most of these decisions require, the franchise system will often end up operating as a legal vehicle for expansion rather than what it truly should be, a business structure for expansion. Since the franchising process began with the development of legal documents, new franchisors may view their franchise system as a legal device governed primarily by the rule of law. Experienced franchisors understand that while the law is an element of franchising, it truly is a minor portion of the way franchisors manage their business, make decisions on its direction, or how they interact with their franchisees. If you think about legal agreements...
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...form Bangladesh and another form USA. Let’s assume that that the purpose of the contract is illegal in Bangladesh but legal in USA, then whether it will be contract or not? I think if two people of different countries signed a contract, which is legal in one country but illegal in another country it will be a contract. Because when two parties from different countries enter into a contract, they are governed by international contract law unless they agree to abide by the laws of one of the countries. International contract law concerns the legal rules relating to cross-border agreements. It is frequently applied to international sales contracts. This type of contract law is broadly based on the idea of good faith and fair dealing in contracts. These principles are the basis of contract law in most jurisdictions. Good faith includes fair negotiations, an obligation to cooperate and good faith when terminating a contract. It also ensures that unfair contracts or deals are not enforced. International sales contracts are governed by the United Nation Convention on Contracts for the International Sale of Goods from 1980. The convention was developed in the hopes of promoting international trade by developing a global set of rules for contracts. The convention is a compromise between legal systems of common law, civil law and socialist law. One key element of international contract law includes the provision that the parties' nationality does not play any role when applying...
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...The Fluid Landscape of Legal Systems Question 2 Roger Cotterrell has written the following: “What all of these indications add up to is the recognition that neither legal systems nor societies can be thought of as unified and integrated in the way that western thought has often assumed. A comparative legal perspective is no more than the systematic recognition that law is always fluid, pluralistic, contested and subject to often contradictory pressures from both inside and outside its jurisdiction; that it reflects an always unstable diversity of traditions, interests, allegiances, and ultimate values and beliefs. If the comparative perspective on law was once a view of the exotic ‘legal other’ or of the ‘external relations’ of one’s own law with the law of other peoples in other lands, now it is a view of transnational legal patterns and of the cultural complexities of law at home. We live in conditions where the law of the nation-state must respond to a great plurality of demands from different population groups within its jurisdiction. At the same time, it must respond to powerful external pressures. Legal thought in national contexts is being fragmented from within in a new ‘jurisprudence of difference’…and globalized from without in demands for transnational harmonization or uniformity. (“Culture, Comparison, Community” by Roger Cotterrell) Kindly react to this statement, supporting your personal views and conclusions with research, analysis, examples and well-reasoned...
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...Elements of an Employment Contract Deidra Lynn McIntosh BUS 670 Leah Westerman April 22, 2013 In today’s economy, most people are so happy when they get a job they sometimes overlook the paperwork they’re signing and don’t actually read the fine print. You may think you’re signing a contract, but really you’re accepting a job with a specific title, job description, stipulations and salary. The economy is structured on the freedom to draw up a contract with a system of laws that can be enforced. Contracts that are freely entered into are not always read carefully by the signer. The signer may not be aware of the elements required to make the contract enforceable (Seaquist, G. and Coulter, K.). For example if the Fabulous Hotel hires you as head chef under a two year employment contract. If you don’t read the contract carefully then you will not know that in the small print it says “The below signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ”. Therefore, you can’t work for another hotel in the same metropolitan area for two years there are several items that makes this contract enforceable. The elements of a contract will include offer, acceptance, and legal consideration just to name a few. The offer expresses the willingness of both parties entering into a contract. Most of the time the offer is dated and will expired at the end of that date. Moreover, if the date is not there the...
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...key elements required for the formation of a valid contract. Business Agreement Business Agreement is the mutual understanding or assent of two or more than two legally competent parties. It is done or agreed upon on the relative duties and rights regarding current or future performance. An agreement typicallydocumentsthe give-and-take of anegotiated settlementand a contract specifies the minimum acceptablestandardofperformance. Types of Business Agreement There are various types of business agreements depending upon the nature, type and operations / activities of the business. These types can be categorized into following categories based on the above stated criteria. * General Business Agreements * Business Employment Agreements * Leases * Sales Agreements The General Business agreements contain Franchise Agreement, agreement with different agencies for advertising, insurance agreements, agreement on not taking legal actions, Settlement Agreement, Stock Purchase Agreement, business partnership agreement, privatization agreement etc. The different types of Business Employment Agreement are Employment Agreement, Consultancy agreement, Sales Representative Agreement, Employment Separation Agreement, Reciprocal Nondisclosure Agreement etc. Leases are of different kinds like Real Property Lease, Equipment Lease etc, and same is the case with Sales agreements, it also have different types of contracts and agreements like Bill of Sale, Agreement for the Sale of Goods, Purchase...
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...Strategic Plan, Part II: SWOTT Analysis Stephanie Wooten Bus/475 December 12, 2011 Leah Raby Strategic Plan, Part II: SWOTT Analysis Analyzing the seven forces and trends will be on legal and regulatory, economic, competitive analysis, structures, innovations, technologies, and leadership. To critique how well the organization adapts to change. Analyze the supply chain operations of Sprong Security Financial Services. Identify issues and/or opportunities of the company major issues, to generate a hypothesis for each issue, research questions to use for conducting analysis. Identify the circumstances surrounding each issue, classify the issue, attribute the importance of each classification, and test the accuracy of each classification. Legal is appointed, established, or authorized by law; deriving authority from law (Definitions- Legal, 2011). Regulatory is restricting according to rules or principles (Definitions - Regulatory, 2011). The laws and regulations for an accounting service and the insurance are the HIPAA Law, to have a lawyer on retainer for legal business, and keeping updates on the new tax laws for federal, state, and local. The federal trade commission is very big in any business because they regulate how an advertisement is being published to the public. The advertisement has to be honest, positive, and to be able to back up what the advertisement have to say. The HIPAA Law consists of the privacy of each client, for their information...
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...essential elements required for there to be a valid contract Course : Diploma in Business Administration (International Business-DBID2 1501A) Module : Introduction to Business Law Name : FIN : Lecture : M. Lukshumayeh Due date: 18th June 2015 Table of Contents: 0 Introduction.......................................................................................1 1.1 what is a contract ？...................................................................1 1.2 The difference between an agreement and a contract ................1 1.3 The elements of a valid contract..........................................2 2.1 Offer...................................................................................................2 2.1.1 The definition of an offer .......................................................2 2.1.2 Two types of offer.................................................................2 2.1.3 Rules relating to offer ..........................................................3 2.1.4 An offer distinguished from an "invitation to treat".............3 2.2 Acceptance.......................................................................................3 2.2.1 The concept of acceptance ...................................................3 2.2.2 Rules relating to the acceptance............................................4 2.3 Intention to create legal relations...
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...JPMORGAN CHASE RADEGUNDA MOSHA BUSINESS LAW 1 PROF. AALIYAH MOHAMAD AUGUST 25, 2013. REFERENCE Constance E. Bagley. Seventh Edition. www.stimmel-laws.com/articles/torts.html www.cftc.gov Administrative agencies are agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation and labor. The Securities Exchange Commission and the Commodities Future Trading Commission are independent agencies that are legally charged with regulating and providing guidelines for the trading and exchange of the goods, services within their respective jurisdictions. The security act of 1934 has fully empowered the Security exchange commission the power to discipline individuals and entities that are regulated in breach of industry rules and regulation. The Commodities Future Trading Commission on the other hand was created in 1974 to protect individuals, the public and industry players from manipulating, fraud and potentially abusive practices. The mission of Securities and Exchange Commissions is to protect investors, maintain fair, orderly and efficient markets and facilitate capital formation. Requiring public companies to disclose meaningful financial information to the public is an effective approach of the Security Exchange Commission takes in order to assure the security of...
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...and a hotel company entered into a business partnership to develop an electronic reservation system for the hotel company. The groundwork of the plan changed and obfuscated what was expected by both parties. These changes were not communicated well enough, both internally and externally, to accommodate these changes (University of Phoenix, 2002). This case presented how a contract between parties was prepared, but what was required was not clear to either party. To further complicate matters, as the project requirements became clearer, no contract revision occurred to discuss how the expanding requirements could be negotiated. The increasing requirements and scope of work meant the original resources assigned to the project were rapidly becoming insufficient. Project delays and poor quality products were the result. Instead of addressing the changes and the need to revisit and negotiate the changing requirements, and additional compensation, the two parties filed suits and counter suits against each other (Cheeseman, chapter 16, 2010). The scenario points out how devastating the resultant legal costs were to both parties, and how the end result was a failed project that could have been resolved with less contract ambiguities, and negotiating product expectations and project needs as the contract evolved. This paper addresses the legal issues and principles, the basic elements of a contract, contract formation, contract breach, and contract remedies from the scenario...
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...[pic] BUSI 2601 BUSINESS LAW Winter 2015 PROFESSOR: J.L. GILLES LEVASSEUR OFFICE: 1705 DT PHONE: 520-2600 ext. 6805 (during office hours only) EMAIL: jlgilles.levasseur@sympatico.ca TIME: TUESDAYS 19 h 00 – 22 h 00 OFFICE HOURS: 10 - 11 pm, every Tuesday nights PREREQUISITES: For students registered in B.Com., BIB or Minor in Business The School of Business enforces all prerequisites. COURSE PHILOSOPHY The purpose of the course Business Law in Canada consists in understanding the legal environment which has an impact on Canadian businesses. The course is divided in three parts. Part 1 deals with an overview of the Canadian legal environment. Part 2 deals with the legal forms of business and organisation. Part 3 part deals with the law of torts and the law of contracts. Part 4 looks at specific topics of law such as bailment, Sale of Goods, Interests in Land. Throughout the course, students are encouraged to focus on their personal or work experiences as they relate to the course material. All the course material assigned and learnt will be cumulative and students will be tested comprehensively on their understanding of the material at the end of the course. Students are prohibited from using any electronic devices to tape record classes, lectures or discussions and to use them during examination. REQUIRED TEXTBOOK There is one textbook required for this class: Duplessis et al., Business and the Canadian...
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...or out from the organization. This flow, for example, can be represented by ordered supplies entering the company, or by finished product being shipped to the customer. Internal aspects are the flow of communication between all the companies working parts. These parts can be manufacturing, legal, finance, maintenance, etc. To effectively tie all these components together in a safe way, an organization might invest in an Enterprise Resource Planning system, or ERP for short. This system, although expensive, can monitor and control all aspects of data transfer within an organization. Using an ERP system can accurately report inventories, product details, work audits, and several other aspects of running a business (www.netsuite.com, 2001). Most important of all is accuracy. By Utilizing an ERP system the business will have several checkpoints where products and the processes for creating them are monitored. By always sending out the right product or information an organization can save a fortune in clean up costs and legal fees in the event of an error. An organization must also look at physical and network security options to protect all their assets, the integrity of the ERP system, and any other critical data flowing through or stored in the company. External Information Flow Mentioned before, external information flow can be represented as coming into or coming out of the company. This flow can be represented as supplies or finished product respectively. Each...
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...soul has 3 elements: 1. Reason 2. Spirt 3. Appetite or desire A man is just when each of these three elements fulfils its appropriate function and there is a harmonious relationship between them. Within society there are three groups society is just hen each class fulfils its appropriate function and there is a harmonious relationship between them. Therefore Plato viewed justice as harmony between the warring elements. Distributive Justice This is concerned with fairly shaking the benefits such as money, property, family, takes and civic duties of life within an organisation. Aristotle Aristotle stressed the need for proportionality and achieving the middle ay and a proper balance between extremes. He said a ‘just state’ ill distribute its wealth on the basis of worth (merit) therefore giving to each according to their virtue and contribution to society. He stated there was a need for corrective justice to ensure that individuals can keep what they are entitled to. The role of the court is making sure the offender does not benefit from his crime ad victim does not suffer loss. In this sense, the balance or ‘middle way’ is achieved. Thomas Aquinas Illustrated his view of natural law as an inherent part of nature and exists regardless ‘general principle of giving what is due to them’. He believe justice occurs when incorporating natural law into the legal system. Thomas also spoke of communicative justice which is the exchange of goods or services...
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