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In U.S. law, the legal concept of implied covenant of good faith and fair dealing arose in the mid-19th century because contemporary legal interpretations of “the express contract language, interpreted strictly, appeared to grant unbridled discretion to one of the parties”. [1] In 1933, in the case of Kirke La Shelle Company v.
"Everything which is not forbidden is allowed" is a legal maxim. It is the concept that any action can be taken unless there is a law against it. [1] [2] It is also known in some situations as the "general power of competence" whereby the body or person being regulated is acknowledged to have competent judgement of their scope of action.
In law and ethics, universal law or universal principle refers to concepts of legal legitimacy actions, whereby those principles and rules for governing human beings' conduct which are most universal in their acceptability, their applicability, translation, and philosophical basis, are therefore considered to be most legitimate. [citation needed]
An inter jurisdictional Legal Services Council was established in order to regulate the legal profession and its delivery of legal services. [7] This resulted in the creation of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 [8] and the Legal Profession Uniform Conduct Barristers' Rules 2015. [9]
Books on legal writing at a law library. Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. [1] One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive, and advocates in favor of a ...
Like Kantian ethics, discourse ethics is a cognitive ethical theory, in that it supposes that truth and falsity can be attributed to ethical propositions. It also formulates a rule by which ethical actions can be determined and proposes that ethical actions should be universalizable, in a similar way to Kant's ethics.
Offer and acceptance are generally recognized as essential requirements for the formation of a contract (together with other requirements such as consideration and legal capacity). Analysis of their operation is a traditional approach in contract law .
The concept of universalizability was set out by the 18th-century German philosopher Immanuel Kant as part of his work Groundwork of the Metaphysics of Morals.It is part of the first formulation of his categorical imperative, which states that the only morally acceptable maxims of our actions are those that could rationally be willed to be universal law.