blackharu
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Can someone help me by telling me how i can go about to answer it. thanks

“I have no radical proposals for the wholesale review of the doctrine of consideration. I am not persuaded that it is necessary. And great legal challenges should only be embarked upon when they are truly necessary….On balance it seems to me that in modern practice the restrictive influence of consideration has markedly receded in importance. Secondly, it seems to me that in recent times the courts have shown a readiness to hold that the rigidity of the doctrine of consideration must yield to practical justice and the needs of modern commerce.” [Lord Steyn]

Critically evaluate this view and consider whether you are persuaded that it is necessary to review the doctrine of consideration.
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Hooriya Qazal
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as far as i think..you explain in detail what the doctrine of consideration is with relevant exampples and case laws..mention consideration must be sufficient etc...then you mention promissory estoppel aswell.
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STEFI2731
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I need to know if the reply to this question is right. This is really important to me; I have to answer the same essay question.

(Original post by blackharu)
Can someone help me by telling me how i can go about to answer it. thanks

“I have no radical proposals for the wholesale review of the doctrine of consideration. I am not persuaded that it is necessary. And great legal challenges should only be embarked upon when they are truly necessary….On balance it seems to me that in modern practice the restrictive influence of consideration has markedly receded in importance. Secondly, it seems to me that in recent times the courts have shown a readiness to hold that the rigidity of the doctrine of consideration must yield to practical justice and the needs of modern commerce.” [Lord Steyn]

Critically evaluate this view and consider whether you are persuaded that it is necessary to review the doctrine of consideration.
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FunkyIguana
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- Brief history of how important consideration used to be, but how it was almost superimposed on other important principles doing similar things during 18th C.
- Detailed explanation of the principles laid out in Williams v Roffey, and why consideration is no longer such a crucial issue.
- Consideration (no pun intended) of the meaning of 'practical justice' -- examples from the judgments post-Williams.
- Brief consideration of the academic arguments for and against a doctrine of consideration.
- Conclusion.

HTH
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STEFI2731
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Can somebody please tell me how to answer this question; what exactly does it ask, what the structure should be? Its really urgent and important. Thank you in advance.

Discuss critically Lord Carswell’s argument that judges would not permit a “fundamental disturbance of the building blocks of our constitution.” (R (on the application of Jackson) v Attorney-General [2005] UKHL 56, para 178).
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STEFI2731
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Can somebody please tell me how to answer this question; what exactly does it ask, what the structure should be? Its really urgent and important. Thank you in advance.

Discuss critically Lord Carswell’s argument that judges would not permit a “fundamental disturbance of the building blocks of our constitution.” (R (on the application of Jackson) v Attorney-General [2005] UKHL 56, para 178).
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STEFI2731
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“It is highly undesirable for trustees to be given absolute power to decide who should receive a benefit under a trust. Yet as a result of the House of Lords decision in McPhail v Doulton, this is precisely what settlors are free to do.”

Discuss

Can anyone tell me what this question asks? What is the basic structure I have to follow? Thank you in advance.
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fvwall
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1. basic structure of T's, DT's, P's
2. why is it desirable: giving effect to settlors intentions is surely desirable?
3. why is it undesirable: eg, uncertainty; administrative workability?
4. what some academics think (or intermingle this)
5. what you think
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Kirrale
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Looking for some HELP on my below Assignment topic:
The terms of a contract detail the promises made by each party to the contract to the other party. The terms can be classified as conditions, warranties, or intermediates terms. Intermediate terms are sometimes referred to as 'innominate' terms.
Explain the distinction between these three different categories or kind of terms in a contract, using decided cases to illustrate such difference.
Explain also the remedies available for the breach of each category or kind of term in a contact.

I have no idea how to get started, there is so much information. I cannot write an essay to save myself let alone a Law essay LOL
How do i structure it?
Any help would be greatly appreciated
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gethsemane342
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(Original post by Kirrale)
Looking for some HELP on my below Assignment topic:
The terms of a contract detail the promises made by each party to the contract to the other party. The terms can be classified as conditions, warranties, or intermediates terms. Intermediate terms are sometimes referred to as 'innominate' terms.
Explain the distinction between these three different categories or kind of terms in a contract, using decided cases to illustrate such difference.
Explain also the remedies available for the breach of each category or kind of term in a contact.

I have no idea how to get started, there is so much information. I cannot write an essay to save myself let alone a Law essay LOL
How do i structure it?
Any help would be greatly appreciated
I'd just start by explaining that there was originally only two types of term - conditions and warranties - and explaining what those are and their remedies (sort of tied in). Then the Hongkong Shipping case came along which introduced innominate terms (though some judges argue that this always existed) and how it works.
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medha1905
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Although consideration remains firmly established as an essential component of the formation, and variation, of a contract in English law it has for some time been under attack from a number of quarters.
Critically discuss.

hey guys, this is my exam question. I have no ideas as to how am i supposed to go about it. please someone help me and tell me the points i should write here.
thankss
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