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What is Mutual Assent?

There is a mutual agreement between two parties, and both agree to sign a contract. This is mutual assent.  There are two elements of this. An offer and acceptance. The offer is accepted by the offeree, and everything involved is legal.

Frequently Asked Questions : Law Essay Exams

The institutions of the state follow an informal and uncodified tradition known as a constitutional convention. They are the rules of good political behaviour. Conventions are constitutional provisions that are not upheld by the courts.

They are best viewed as non-legal principles because the law courts do not enforce them, but because they do, in reality, control how the Constitution operates, they are a key area of interest for constitutional lawyers. Conventions set forth the procedures to be followed while exercising legal authority.

The five primary sources of constitutional law include:

  1. Customs and traditions 
  2. Common law 
  3. Act of parliament 
  4. Academic writing and policies 
  5. Case law

The Bill of Rights became law on 15th December 1791. It consisted of the following amendments.

  1. Right to bear arms
  2. Right to freedom, petitions and assembly 
  3. Quartering soldiers 
  4. Rights to a fair trial 
  5. Bails, fines and punishments
  6. States’ rights 
  7. Rights retained by the people 
  8. Rights in civil cases 
  9. Search and arrest 
  10. Rights in criminal cases

The rules and doctrines or the fundamental principles used by the government to impose authority are known as constitutional law. For example, freedom of speech and freedom of religion etc. It is the foundation of all juridical laws.

Through a written agreement, any two or more people may join a partnership to conduct one or more businesses. The legal requirement to register a partnership is not mandated.

A registered partnership, however, offers more benefits than an unregistered partnership.

The partners must submit an application to the relevant department in the legal format required, along with the required official fee and a copy of the partnership agreement, if any, in order to establish a partnership business.

The contract of sale is a contract or an agreement between the buyer and the seller. The buyer gives custody of the product to the customer at a price. This constitutes a transfer of ownership of a product. For example, the invoice you get is the agreement that the product you purchased is now your property.

A warranty is given by the seller as a surety for the quality or state of the product. Condition, on the other hand, is an obligation that needs to be fulfilled before the next proposition. Breaching a condition can lead to the termination of the contract, whereas the contract is not much affected by the warranty. 

A minor partner, after the consent of all partners, is admitted into the partnership firm to achieve benefits. They are of age below 18. They have a special status and are entitled to shares and profits in the firm. They do not make any financial contributions and play no role in the management. 

A product liability lawsuit is governed by the field of law known as product liability. Product liability refers to the legal obligation of manufacturers or sellers of products to make up for losses sustained by consumers, users, or even bystanders as a result of flaws in the products they sell. It is important to have product liability for products that are designed or given away for free.

A contract satisfies the legal requirements. An offer, an acceptance, a consideration, and a shared desire to be bound are typically necessary for a contract to be legally formed. Each party must be able to enter into the agreement. 

The offer placed could be accepted, or it could also be rejected based on counteroffers, rejections, sudden deaths of members of either party or revocations etc. 

Executed contracts mean that all parties have performed all the obligations that they were required to. While in executory contracts, one or more obligations remain from either of the parties.

Example of executed contracts: You wanted to purchase a refrigerator. You went to the appliances shop, paid the money for it, and the shop handed your refrigerator to you. All parties fulfilled their obligations. 

Example of Executory Contracts: For instance, an apartment lease as it is fulfilled over time.

A contract is signed between parties as legally binding to each other’s rights and responsibilities. It mainly consists of six main characteristics.

  • Offer
  • Acceptance
  • Awareness
  • Consideration
  • Capacity
  • Certainty

In negotiations, when an offer is made in response to some previous offer, it is referred to as a counteroffer. Making a counteroffer automatically rejects the initial proposal, and a contract must be formed by accepting the terms of the counteroffer. For instance, you want to sell your car for $30000. A buyer offers you $25000 for it. You present a counteroffer of $18000

The mailbox rule is also known as the posting rule. It determines the time of the acceptance of the offer. When properly mailed, the acceptance is more effective, and it would bind the offeror. This restriction does not apply to offers made in person. It only applies to forms of communication such as through courier, mail, email etc. Additionally, counteroffers and revocations are not covered by this provision.

When extortion obstructs interstate trade, it is a federal violation. It carries a fine, a jail sentence, or both penalties. Extortion also includes making threats to ruin someone’s profession or reputation.

A mistake of law is the misunderstanding of whether an action is criminal or not. The mistake of fact, on the other hand, refers to when a person commits an act but is mistaken about a truth that negates the motives for the action. This could be applied to many crimes.

“Mala in se” is a Latin word meaning “evil in itself.” it refers to constitutionally and permanently wrong crimes such as rape and murder. “Mala prohibita” means “prohibited evil”, something that is prohibited by the law but is not entirely immoral. For example, public intoxication, speeding, gambling etc. 

Criminal lawsuits refer to felonies and misdemeanours, while civil lawsuits mean disagreement among individuals about the legal responsibilities they have to each other.

They differ in many perspectives. A few of them include the following:

  • Type of Trial: In civil cases, the issues are often resolved through a settlement and are not always taken to the court. However, criminal cases are always held in court. 
  • Penalties: in criminal cases, the punishment often involves jail and hefty fines. Whereas in civil cases, the most common penalty is through financial support. 
  • Lawyers: in civil cases, it is compulsory to hire a lawyer for yourself or present your case. In criminal cases, defendants are given a lawyer even by the state if they cannot afford one. 

To answer the exam question in Criminology, follow these simple steps:

  1. Make an outline of the case
  2. Explain the decision
  3. Give an account of the ratio decidendi

The structure of the answer mainly covers the following topics:

  • Introduction 
  • Main section argument 
  • Reference case
  • Conclusion