Answer all questions in this section. (35% of the total marks available)
Answer ALL questions in this section.
- In relation to English legal system,
a. Explain and discuss the differences between private law and public law including the areas of law that they cover. (12%)
b. Explain the English legal doctrine of stare decisis and the system of judicial precedent. (8 marks)
c. Compare and contrast their advantages and disadvantages, and comment upon the circumstances where judicial precedent might not be followed. (15 marks)
(Total: 35 marks)
Answer ALL questions in this section.
On 10th August 2016 Empire Cruise Ltd (“Empire”) advertised a second-hand cruise liner, the Queen Mary, for sale in a cruise industry trade journal for £5 million. The next morning Adomako, the Chief Financial Officer of Sunrise Cruise Ltd (“Sunrise”) rang Brinda, Empire’s CEO, and said that Sunrise was interested in viewing with a potential to buy the Queen Mary, however he would be out of office on a ten-day business trip to Denmark and would not be able to view the cruise until his return. Brinda said that Empire would sell the Queen Mary to any other buyer if they found the offer attractive. Adomako then said that Sunrise would pay Empire £50,000 if Empire would not sell the cruise liner to another buyer for the next ten days (i.e. until 21st August). Brinda agreed.
On 20th August Caroline, the CEO of LBSU Ltd (“LBSU”) came to view the Queen Mary and expressed an interest to buy it at the asking price. Brinda said that Empire could only sell the cruise liner to LBSU from 21st August onwards and asked her to contact again the next day. Caroline contacted Brinda the first thing in the morning of 21st August. Brinda and Caroline re-discussed the deal with the same terms and agreed the sale and purchase of the Queen Mary for £5 million straightaway. Later that same day, Adomako rang to arrange for viewing the Queen Mary. Brinda told him that the Queen Mary had just been sold to LBSU and demanded Sunrise to pay the £50,000. Adomako refused.
Each part of your answer must be supported by relevant authority (case law or statutes).
Analyse the above situation with respect to the rules governing the formation of a contract. In particular please answer the following:
(a) The legal nature of Empire’s advertisement. (10%)
(b) Explain “consideration” (4%) and discuss the consideration that is applicable in this case. (6%)
(c) Whether LBSU has entered into a binding contract with Empire. (20%)
(d) Whether Empire has entered into a binding contract with Sunrise (20%) and
(e) Whether Empire has any right of action against Sunrise for the £50,000. (5%)
Right off the bat I will talk about the qualities of these hypotheses in clarifying that the psyche is eventually the cerebrum. Right off the bat it is a straightforward hypothesis, with less presumptions and just requiring to clarify the physical it makes itself progressively ideal and leaves less escape clauses open for study. It likewise expels the mind body connection issue, though before there was a necessity to disclose the psychological to physical causation the hypothesis expresses that the psychological is the physical so it just requires the physical to physical causation to be legitimized and not the non-physical with the physical. Another quality is given by logical disclosure in the utilization of PET or MRI checks that demonstrate that particular regions of the cerebrum "light up" amid explicit mental capacities, a portion of these associations were recognized by Borca and Wernicke over a hundred years before the making of these best in class examining methods, this shows the association among mental and mind states (K. T. Maslin, 2007, 70). Anyway presumably the most dominant of all qualities to the personality speculations is the capacity to clarify why changes in the cerebrum because of damage, malady, ailment or generally results in the adjustment of mental working. The equivalent occurs along the developmental scale where increments in cerebrum sizes brought about the expansion of scholarly limit. Since the psyche is the cerebrum when the mind is changed the brain is adjusted (K. T. Maslin, 2007, 66). There were some prior protests to this hypothesis too where studies expressed that in light of the fact that psychological states are distinctive to cerebrum states systematically they should be unique however scholars immediately expelled this expressing "the non-synonymy of articulations flanking a character sign does not naturally discount reality of the personality guarantee" at the end of the day on the grounds that the articulations or terms are diverse doesn't implied they can't in any way, shape or form have a similar personality. To take this further the scholars express that everything relies upon what you are alluding to, underneath the diverse vocabulary the certainties identify with a solitary reality. The case of the morning and night stars underpins this thought while the vocabulary and explicitly modifiers used to depict the star contrast they eventually allude to something very similar the planet Venus. This can likewise be connected to the absence of information as dismissible scrutinize utilizing Smarts idea expressing that you may think around a certain something yet nothing about another doesn't mean they can't in any way, shape or form be the equivalent, for instance you may think about water yet not perceive the compound of H20 but rather this doesn't mean they are not the one and single substance (K. T. Maslin, 2007, 74). The qualities recognized in the aggregate personality hypotheses demonstrate some genuine associations distinguished and supporting proof exhibited in demonstrating the psyche is indistinguishable with the cerebrum. Anyway I accept there are some genuine and incredible blemishes in the contentions of the personality scholars that outcome in its definitive end. Right off the bat, the issue of the psychological and the spatial emerges (K. T. Maslin, 2007, 74). While it is simple using filtering, the area of cerebrum procedures can be effectively recognized amid different assignments it is practically difficult to distinguish the area of an idea or feeling, at the end of the day mental states are distinctive to mind forms.. Besides, there is a shortcoming in the association between mental states and cerebrum forms on the intuitive dimension (K. T. Maslin, 2007, 76), to broaden this we imply that things like the common working of the sensory system just as some other framework in your body, for example, processing or breathing, these all have mind expresses that guide the body anyway they don't have any connectable mental state since w>GET ANSWER