Reference no: EM132937239
End of chapter 10 assignment
Questions
1. Doctrine of precedents is mostly used in most states in operation of their legal system due to their efficiency in their mode of work. In relation to so, explain three main methods of their operation within a legal system.
2. Law mainly focuses on the rules and regulations that guide human conduct or behavior so if you had been injured by a defendant's breach of duty to care thereby causing injury or damage to your property or person, under which law would you prefer to take action and why?
3. Law of torts is categorized into different types such as tort of negligence, therefore what must the plaintiff establish in a cause of action under the tort of negligence against the defendant in order to be successful?
4. In studying law there are various case law which are used as examples and they state the penalty given when not abiding by them. Therefore, why did Donoghue not sue in contract or under the sales of goods legislation in the case of Donoghue verses Stevenson (1932) AC 562 at 580 (manufacturer)?
5. Facts and law in a negligence are governed by various case which are used to elaborate on their occurrence and their structure in law. With so list some examples of that that constitutes questions based on both, fact and law in a negligence case.
6. According to law, it is used to guide human conduct and are enforced to be abided by in real life situation. List and explain four aspects of your daily life which would be drastically different if the law of contract could not be used to enforce promises.
7. According to the postal acceptance rule, where the parties contemplate the use of the post as a method of communication, an acceptance to an offer is deemed to be effective as soon as it is posted. Why do you think the courts originally developed this postal acceptance rule? Do you think those reasons are still valid today?
8. In contractual situations, where the traditional(conventional) approach of determining the offer by the offeror and acceptance by the offeree cannot be applied, how would the court then, determine whether an actual agreement has been satisfactorily negotiated and actual valid contract reached concluded between the parties?
9. Contracts in the recent world are expressed in different ways either wholly written or partially written. Therefore, discuss why is it necessary today for some contracts to be wholly in writing and some contracts to be evidenced in writing?
10. Electronic commerce is an emerging trend in business law and has several impacts to the society at large. Discuss some of the types of problems that can arise in contract law for consumers that use electronic commerce(e-commerce).