To what extent do judges establish

To what extent are judges politically neutral? Home Law Essays To what extent are judges politically neutral?

To what extent do judges establish

BY KS— To what extent do Judges establish the existence of a contract based on the intention of the parties? L demonstrated the extent of the establishment of a legally binding contract based on the intention of the parties via advertisements.

However, the formation of contracts is not solely based on the intentions between parties. After the invitation to treat, there should be an offer and acceptance, intention to create legal relation, consideration, capacity, legality, usability and certainty, and only when both parties have fulfilled all these requirements would a traditional binding contract be formed.

Therefore, would a contract be legally binding or does it even exist if it is solely based on the intention of the parties? In my answer, I will be discussing why the existence of some contracts are recognizes based on the intention of the parties and some do not.

The intention to create legal relations means that the agreements between parties will be legally binding and enforceable by law if things do not go as planned. Traditionally, a formal interact is formed as mentioned before by a way of a deed where all elements such as offer and acceptance, consideration and certainty are involved, and therefore, there is no doubt that there is legal intent.

Other less formal agreements can be into three categories which are social and domestic agreements I. A father promises his son to buy him a video game if he passes his exam ; commercial agreements I.

A supermarket promising their customers to pay them the difference if their products re more expensive than other supermarket.

Therefore, the role of court is to identify the initial intention of the parties by seeking and applying the rules of offer and acceptance. However, the courts generally seek to ascertained the objective intentions of the parties rather than to ascertain the objective intentions because a judge cannot be certain about what was taking place in the minds of the parties.

Instead, he would look at the intention of the party that has allegedly made an offer and examine the intention of the other party. Moreover, the party who alleged to constitute the offer has to have the distinction between an offer and an expression of a willingness to negotiate in minds, otherwise, the court must ascertain the intention of the parties when the statement was made.

In examining whether or not an offer has been made, the court is asked to look at the correspondence that has passed between the parties to determine whether the statement that had been made constitutes to an offer.

The presumption of commercial agreements and advertisements is that the parties intend to be legally bound to their agreements and has been made in advertisements, the court has to look at whether the promise was legally intent or only a mere puff.

In Caracal v Carbolic Smoke baobab Co. Caracal and the Carbolic Smoke ball company.

To what extent do judges establish

The defendants argued that the nature of the advertisement was too vague and obscure to be enforced because there was no clear explanation to how long would be a reasonable time to claim the compensation should someone contracted influenza after using their products.

Therefore, the defendants claimed that the advertisement was a mere puff or a proclamation rather than a promise or offer intended to constitute to a contract. As a result, there was no contract between the company and its customers and they were not held any liability for those who contracted influenza after using their products.

In his Judgment, Lord Justice Bowen commented that although the advertisement seemed to be that its vagueness showed that no contract was intended. However, Bowen LLC carried on, suggested that s the advertisement was intended to be read by the public and to achieve the effect of attracting people buying their products, then it should be read as how ordinary people would construe it.

The company claimed in their advertisement that Was lodged at the bank for their costumers to claim should they contract influenza after using their product. Thus, it cannot be argued that the statement of Ewing stored in the bank was intended only to be a mere puff. T the moment she fulfilled the contract contracting influenza because the advertisement was more than a mere puff but legally intent and is a collateral contract.

Contract Law Essay | To what extent do judges establish the existence of a | attheheels.com

Therefore, the offer in this case was the last telegraph sent by the plaintiff which was not accepted by the defendant. Another classic example of intention to create legal relation in commercial agreements is Gibson v Manchester City Councils. The issue in this case was to ascertain whether there was a legally bound contract when an offer is mirrored by a clear acceptance.

This is a complicated case because the approach used in the Court of Appeal by Lord Denying was difference from the approach used in the House of Lords by Lord Diploid where the result in the Court of Appeal was reversed in the House of Lords.

This approach is more flexible and based on the intention of the parties involved. Whereas Lord Diploid used strict procedural approach which is more traditional elements in a contract in order for it to be established. There is no need to look for a strict offer and acceptance.

You should look at the correspondence as a whole and at the conduct of the parties and see therefore whether the parties have come to an agreement on everything that was material.The use of discretion when sentencing criminals.

Discretion of the judges when sentencing offenders can bring forth disadvantages, as the personal views of the decision-makers influencing the final decision.

To what extent are judges politically neutral? – LawEssay

However, replacing discretion with set guidelines may eliminate these advantages and disadvantages. The guidelines do establish a.

To what extent do judges establish the existence of a contract based on the intention of the parties? In , the famous case of Carllil v Carbolic Smoke Ball Co.1 demonstrated the extent of the establishment of a legally binding contract based on the intention of the parties via advertisements.

To what extent do judges establish the existence of a contract based on the intention of the parties? In , the famous case of Carllil v Carbolic Smoke Ball Co.1 demonstrated the extent of the establishment of a legally binding contract based on the intention of the parties via advertisements.

Search for notes by fellow students, in your own course and all over the country.

Areas Which Judges Make Law. This essay seeks to establish several areas in which judges do make law. Presently a judge’s role is not to make law but to uphold the laws which are made by the parliament.

Each law which is made by the parliament must be clearly defined and applied by the judges in accordance with the cases. To what extent are Judges politically neutral? In theory there should be no ‘political’ role for Judges, but in practice there is.

Ministers and their departments can break the law, MSP can be charged with breaking laws about election expenses and civil servants can be charged with handing over secrets about their political ‘bosses’.

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To what extent do judges establish the existence of a contract – LawEssay