Sunday, February 16, 2020

ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS -2- Essay

ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS -2- - Essay Example Similarly, if Paul refuses to pay against the same, he is also liable to be breaching the obligations of the agreement between the two. Furthermore, supplying sub-standard material and making unnecessary delays also comes under the description of breach of the contract. When a party repudiating its promise before time for performance arrives; for instance, Angelina announces to marry John the next year. However, she renounces the same before the beginning of the next year. It is breach of contract on the part of Angelina, and John can claim damages for the same. Hence, obligations of contract bind the parties to fulfil the responsibilities of their part, non-compliance of which creates liabilities on them. Section 37 of the Act discusses the liability of the parties in these words: â€Å"The parties to a contract must either perform or offer to perform their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or any other law.†3 Illustration: A offers B his services for fixing air-condition system at his office, and B accepts the offer against the consideration of worth  £ 5000. However, the system collapses after two days of its fixing causing a short circuit in the office and loss of  £ 20,000. Since A had not examined his system properly, he has committed liability negligence on his part. On the other hand, tort of negligence appears at the moment when individual rights of one or more persons are violated. â€Å"A tort is a civil wrong for which a remedy, usually compensation, is available to the wronged person in the civil courts.†4 Hence, tort actually serves as a civil wrong, which affects the private legal rights. â€Å"Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing

Sunday, February 2, 2020

The governing body for the sport of rifle shooting has a rule to the Essay

The governing body for the sport of rifle shooting has a rule to the effect that the target must be of prescribed dimensions ad must be acquired from an approved source - Essay Example g body for the sport of rifle shooting has a rule to the effect that the target must be of prescribed dimensions and must be acquired from an approved source. The aim of this paper is to analyse this rule and whether it should be legally challenged before the courts. Overtime the European Union’s involvement with sports particularly with standard setting has been increasing. Borja Garcia of the Loughborough University explored the â€Å"origins and development† (2007) of this involvement. Perhaps, the turning point of this involvement was in December 2000 when the â€Å"the European Council agreed to grant the social, educational and cultural functions of sport special status within the European Unions (EU) Treaty framework† (Parrish, 2001, p. 188. Garcia further opined that this involvement is â€Å"a consequence of actors instrumentalising institutional venues to their own benefit† (Garcia, 2007). Ian Blackshaw observed that through the EU â€Å"sport is subject to the ‘acquis communautaire’ – the body of law that has grown up and developed by the Community Institutions, not least the rulings of the European Court of Justice, the guardian of the EC Treaty† (2007). Although the creation of a standard on the dimensions of the target is very sound, restricting the source of the target is bordering on the ridiculous. Too much focus on trivialities can shift the attention from what rifle target shooting means as sports – a measure of marksmanship and skills. Stephen Weatherill, on the other hand, opined that EU’s involvement in the regulation of sports in the European communities is a good thing, but too much is not good either. Specifically, his white paper â€Å"sets out a case for EU intervention in sport where this is necessary and helpful, but it accepts that much sporting activity is not usefully the subject of elaborate EU supervision, and it instead recognises the proper role of other public and private actors. And – contrary to the complaints loudly