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Upina Flash agreed to build a conservatory for Morris. Measurements incorrectly taken by Upina Flash, poor quality parts and factory delays cause the contract’s completion to overrun by six weeks.
Consequently, when the work is completed, Morris decides to withhold payment.
Upina Flash argue that his complaints are unjustifiable and threaten legal action unless he pays as agreed. However, when Morris offers to pay 80% of the agreed contract price, Upina Flash accept the amount offered and signs a receipt stating that this is in full and final settlement.
Upina Flash have now changed their mind and wish to recover the discount allowed.
Consider Morris’ potential liability towards Upina Flash. (Mark 18/25)
What happens when they are forced to return?
Constitutional Conventions - Essay by Wahidar2 Below is an essay on "Constitutional Conventions" from Anti Essays, your source for research papers, essays, and term paper examples.
Lesley used to be a land surveyor until she retired recently. She writes a letter to a friend, Patrick, who had just qualified as a surveyor to ask if he would be interested in buying her surveying equipment for 1000 pounds. She tells Patrick to reply promptly as an ex-colleague is already interested in buying the equipment, but he pasts an immediate reply to Lesley in which he expresses a definite interest but also ask if she would not be prepared to accept payment by two equal instalments.
Lesley does not receive the letter from Patrick. Without waiting for a reply, Patrick arranges to borrow the money from his bank and, several days later, posts a cheque to Lesley for the 1000 pounds asking price.
By the time Lesley receives it, she has already sold the equipment to her ex-colleague, with reference to relevant case law, discuss Lesley’s potential liability towards Patrick and the possible remedies that he might pursue against her. (Mark 18/25)
A-level A2 October/November 2013 pass year question
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Constitutionalism is the idea, often associated with the politicaltheories of John Locke and the founders of the American republic, thatgovernment can and should be legally limited in its powers, and thatits authority or legitimacy depends on its observing theselimitations. This idea brings with it a host of vexing questions ofinterest not only to legal scholars, but to anyone keen to explore thelegal and philosophical foundations of the state. How can a governmentbe legally limited if law is the creation of government? Does thismean that a government can be ‘self-limiting’? Is thiseven possible? If not, then is there some way of avoiding thisimplication? If meaningful limitation is indeed to be possible,perhaps constitutional constraints must somehow be‘entrenched’, that is, resistant to change or removal bythose whose powers are constrained? Perhaps they must not only beentrenched, but enshrined in written rules. If so, how are these rulesto be interpreted? In terms of their original, public meaning or theintentions of their authors, or in terms of the, possiblyever-developing, values and principles they express? How, in the end,one answers these questions depends crucially on how one conceives thenature, identity and authority of constitutions. Must a constitutionestablish a stable framework for the exercise of public power which isin some way fixed by factors like original public meaning orauthorial intentions? Or can it be a living entity whichgrows and develops in tandem with changing political values andprinciples? These and other such questions are explored below.
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When scholars talk of constitutionalism, however, they normally meansomething that rules out Rex’s case. They mean not only that there arenorms creating legislative, executive and judicial powers, but thatthese norms impose significant limits on those powers. Often these limitations are in the form of civil rights againstgovernment, rights to things like free expression, association,equality and due process of law. But constitutional limits come in avariety of forms. They can concern such things as the scopeof authority (e.g., in a federal system, provincial or stategovernments may have authority over health care and education whilethe federal government’s jurisdiction extends to national defence andtransportation); the mechanisms used in exercising therelevant power (e.g., procedural requirements governing the form andmanner of legislation); and of course civil rights (e.g., ina Charter or Bill of Rights). Constitutionalism in this richer senseof the term is the idea that government can/should be limited in itspowers and that its authority depends on its observing theselimitations. In this richer sense of the term, Rex’s society has notembraced constitutionalism because the rule conferring his powersimpose no constitutional limits on them. Compare a second state inwhich Regina has all the powers possessed by Rex except that she lacksauthority to legislate on matters concerning religion. Suppose furtherthat Regina also lacks the power to implement, or to adjudicate on thebasis of, any law which exceeds the scope of her legislativecompetence. We have here the seeds of constitutionalism as that notionhas come to be understood in Western legal thought.
Constitutional Conventions of the UK.
The Federal Constitution draft is signed by the delegates. Edmund Randolph, George Mason, and Elbridge Gerry are the only attendees who will not sign because of their objections to the final draft.