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In common law countries this usually results from failure or lack of consideration (see also consideration under English law). Illusory promises are so named because they merely hold the illusion of contract. For example, a promise of the form, "I will give you ten dollars if I feel like it," is purely illusory and will not be enforced as a ...
Stefan Thiel argues that the living instrument doctrine is allowed both by the Convention and relevant international law. [8] Dutch judge Marc Bossuyt stated in a speech that the living instrument doctrine is "a Trojan horse for judicial activism , giving Strasbourg judges the liberty to find what they want to find in the interstices of ...
A law review or law journal is a scholarly journal or publication that focuses on legal issues. [1] A law review is a type of legal periodical. [2] Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics.
The traditional notion that courts won't look into the adequacy of consideration, an ancient notion in the English common law, doesn't square with the benefit-detriment theory (in which courts are implicitly analyzing if the parties are receiving a sufficient benefit) but does square with the bargain theory (in which only the subjective ...
The law of equity plays an important role in Australian contracts, and will affect which remedies may be available when a contractual promise is breached. Doctrines of importance to contract law practitioners include negligent mis-statement, [5] promissory estoppel, [6] and misleading or deceptive conduct. [7]
The specific definition of nondelegable obligations depends on the specific municipality. It is a compound term consisting of two sub-terms: delegate and obligation. To delegate is to "To hand over or assign responsibility to another, such as a subordinate in a business". [ 3 ]
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed).The concept of consideration has been adopted by other common law jurisdictions, including in the United States.
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed).The concept has been adopted by other common law jurisdictions.