Use an editor to spell check essay. The Internet censorship policy of the People's Republic of China PRC is one of the most restrictive in the world, For example, the government blocks any web site that discusses Falun Gong a spiritual movement that has been bannedthe Dalai Lama from neighboring Tibet, and the treatment of protesters at Tiananmen Square in
The Doctrine of Consideration The Doctrine of Consideration The doctrine of consideration is arguably the most controversial doctrine in British contract law since its inception in the twelfth century.
Indeed, on the one hand, judges and scholars increasingly criticise the doctrine by deeming it to be unnecessary, and on the other hand, it still remained a fundamental requirement for the formation of all binding contracts.
The consideration doctrine has long endorsed the notions of bargain and consensus. In doing so, this essay will first examine the initial purpose and scope of the doctrine, and secondly, the impacts of its recent amendments will be identified so as to evaluate the extent to which it has remained loyal to its original purpose and scope.
Indeed, British courts still regard the doctrine of consideration to be a necessity for contract formation a Reasoning for this view why?
Firstly, the doctrine of consideration fulfils an evidentiary purpose as it provides some evidence that the promisor intended to be legally bound. This is reflected in the Williams case, where the issue at stake was whether the parties were bound by contract, which the defendant denied.
The court identified that consideration was provided on both, and consequently confirmed the presence of a binding contract. The British courts suggest that if the promisor derives some kind of benefit from the alleged contract, it is more likely that this one intended to be bound by it.
Consequently, by refusing to enforce unilateral promises; the courts generate a filtering process. Scholars here suggest that the consideration doctrine efficiently filters out potential contractual disputes, as people who plan on taking advantage of a unilateral promise are unable to do so.
Finally, the doctrine of consideration also protects the promisor from being bound to informal gratuitous promises against his will by ensuring that the contract was done deliberately.
This idea has been emphasized by the judgement in the White v Bluett case where a father promised money to his son if this Filtering software is unnecessary essay stopped complaining.
This implies that judges still strongly perceive the doctrine of consideration as an essential instrument when assessing the enforceable nature of an agreement, as it successfully fulfils its evidentiary, filtering and cautionary purposes. How does it enforce my point?
Indeed, inthe Law Revision Committee recommended an abolition of the doctrine which was ultimately unsuccessful, as the Report on the Amendment of the Law of Contract by the Ontario Law Reform Commission.
Undoubtedly, the requirement of consideration in contracts remained mandatory and deeply-rooted in British contract law, but it could be argued that its scope has been fundamentally expanded since its implementation into contract law, about eight centuries ago. Indeed, the two main exceptions to the doctrine of consideration include the doctrine of promissory estoppel and the practical benefit rule.
The second amendment made to the consideration doctrine is the practical benefit rule. However, the practical benefit rule recently reconsidered the original rule. Indeed, in Williams v Roffey BrosGlidewell LJ ruled that when there is a practical benefit to the performance of a pre-existing contractual duty, it is considered valid consideration.
Moreover, the practical benefit rule also runs into opposition with the evidentiary and cautionary functions of the consideration doctrine by finding good consideration in the performance of a pre-existing contractual duty. In other words, the practical benefit rule finds consideration where it lacks a benefit to the promisor, and a detriment to the promisee.
Consequently, the filtering function gets dismissed too, as the consideration doctrine no longer filters out potential contractual disputes, since people who plan on taking advantage of unilateral promises, such as are now able to do so.
Finally, one could argue that several judges agree with this claim. Indeed, the intrinsically contradicting judgements of Stilk v Myrick and Williams v Roffey Bros on the definition of a valid consideration and the need for a consensus between contractual parties embody the gradual but profound inconsistencies of the consideration doctrine.
The absence of consensus amongst judges regarding the vitality of consideration in contract formation implies that the doctrine features fundamental contradictions, which furthermore highlights its dispensable nature.
Such affirmations could thus be perceived as only being partly valid today. This is only partly true, as the courts still constantly require it for contract formation, but in reality, the purpose and scope of the doctrine itself have undergone fundamental expansions.
Indeed, the consideration rule features relatively recent judgements that contradict its initial purpose, as they often dismiss the intentions to create legal relations, and more generally, the notion of consensus between both parties.
However, over the years, several judges promoted what they believed was fair over general consensus the doctrine has seen its scope significantly expand, from the promotion of legal certainty, to the occasional endorsement of the exact opposite, thus, giving rise to contradictory outcomes.
These contradictions are deemed to have generated unpredictable outcomes, and stripped contractual parties of all legal certainty and protection in the process of forming binding agreements.
Advantages And Disadvantages Of Firewalls Computer Science Essay. Print Reference this. Published: 23rd March, Software firewalls and hardware firewalls. A firewall provides configurable network access, authentication before accessing services and other services as well. Packet filtering routers. This multiple layers of security filter the bad traffic in different layers in the network. The first level of defense is border router with a backup from the NIDS. This can be implemented by enabling basic packet filtering rules and Access Control Lists. Blocking the IP Spoofing and ICMP traffic are the examples. May 03, · Such software could also violate a youth's right to a wide variety of information (Reilly ). Finally, many critics question the effectiveness of such filtering technologies.
Indeed, consideration is still a requirement, yet the requirements of a valid consideration have undergone significant change, thus, losing legitimacy in the eyes of judges and scholars. Finally, a way of regaining that legitimacy, and more importantly, ensuring the respect of the intentions of the contractual parties to be legally bound, would be to look to other civil law systems which place the notion of consensus at the centre of the formation of binding contracts such as the German civil law as inspiration for a needed reform to the doctrine of consideration.
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About this resource This Law essay was submitted to us by a student in order to help you with your studies.A separate LGBT category was eliminated in the filtering software that major companies sell to schools, Block said, and websites with resources for LGBT people are no longer sorted out.
He notes that some problems with censorship persist, but not . This free Information Technology essay on Research proposal: Biometrics is perfect for Information Technology students to use as an example.
Third phase is palm vein extraction by multiscale filtering to improve the performance of vein detection. Fourth phase is matching. Software requirement: ‘ Operating system: Window XP (Service. This multiple layers of security filter the bad traffic in different layers in the network.
The first level of defense is border router with a backup from the NIDS. This can be implemented by enabling basic packet filtering rules and Access Control Lists.
Blocking the IP Spoofing and ICMP traffic are the examples. Safe and Responsible Use of the Internet: A Guide for Educators. Nancy Willard.
after the recommendations have been implemented, it is probable that the continued use of filtering will be found to be unnecessary. The Case Against Reliance on Commercial Filtering software is not infallible and it is not present on every computer that.
Essay Internet Censorship in China. FYC Ruoxuan (Catherine) Yuan Internet Censorship has negative effects on China Censorship in China has gained much attention recently because of the conflict between Google and the Chinese government’s self-censorship policies.
May 03, · Such software could also violate a youth's right to a wide variety of information (Reilly ). Finally, many critics question the effectiveness of such filtering technologies.