Variation of Contract Essay Example | Topics and Well Written Essays - 1500 words

Variation of Contract - Essay Example This is the command of the doctrine of consideration. Thus courts sometimes apparently are prepared to take up consideration instead of questioning its needs.1 Exchange thus makes up the terra cognita of contractual responsibilities. Presented promises are often passed on to the private sphere of influence2. Their breach is made good with only a moral sanction. But in the laws of employment immediately post decision of Taylor v Secretary of State for Scotland,3 this conventional dissimilarity is under stress.4 With regard to Re Selectmove [1995] 1 WLR 474 the case was for payment of a debt which the company Selectmove owed to the crown. In order to escape payment of the debt the company was wound up. The question to be discussed is whether the debt was a disputed one or not For this the law of estoppel has to be understood. "Where by his words or conduct one party to a transaction makes to the other a clear and unequivocal promise or assurance which is intended to affect the legal relations between them (whether contractual or otherwise), or was reasonably understood by the other party to have that effect, and, before it is withdrawn, the other party acts upon it, altering his or her position so that it would be inequitable to permit the first party to withdraw the promise, the party making the promise or assurance will not be permi... Meanwhile the other party will most likely continue with the performance of the contract.When there is a counter offer then silence on the part of the creative offeror will not normally form an acceptance. But it will be considered as an acceptance in case of an offer without time limit. It may be construed as acceptance if the original offeror had objected to some of the extra terms which the counter offer may contain. In cases of ambiguous offer where the offeree communicates to the offeror about his understanding of the offer then such a communication will almost certainly result in a counter-offer. Under such circumstances silence will make up acceptance on the part of the offeror6. Some of the recent cases manifest the dampening, or elimination, of a quiet a lot of the uncertain philosophies or maxims which have conventionally confined the functioning of the doctrines of estoppel. This has actually limited an open challenge to the importance of the agreement meant to produce legal relations and confirmed by circumstance as the means of imposing promissory responsibilities. In Walton's Stores (Interstate) Ltd v Maher,7 the majority8 in the High Court agreed that Maher, a constructor, who was negotiating a contract with the appellant, Walton's. Under the agreement it was decided that Maher would destroy buildings on the ground which he possessed and then build and rent to Walton's a building to its stipulation. This brought reliance on the doctrine of promissory estoppel when Maher destroyed the old buildings accepting that a contract between the parties would be arrived at.9 The majority were not stressed by the alleged convention that such rules of evidence do not find a reason for action, or by the obligation of

Judaism and the Roots of Western Reli Coursework

Judaism and the Roots of Western Reli - Coursework Example Their belief lies in the principles that goodness will be rewarded by the God and sins will be certainly punished in the Judgment after death. They also have a strong belief that God would send Messiah to the world by the End of Days to redeem his people to the Promised Land. There are also various religious practices and ethics followed by the Jews, based on their belief in one God. In addition, the laws in Torah, the Jewish bible, form the foundation for their religion based customs and practices. Their way of worship is traditional, three times a day, by reading the scriptures of Torah. According to their customs, Sabbath, the holy day of rest is observed on Saturday, as a reminder about God’s rest after creation. Also Jews are prohibited to do specific kinds of work on that day. Those prohibitory practices are clearly mentioned in their scriptures. The most common Jewish symbol is the ‘Star of David’ that is used to represent them in synagogues. Rise of Synago gues Synagogues, in the olden days, acted as a place for community gatherings on Sabbaths and festivals. Later, after the exile of large number of people from the holy land, the tradition of sacrifice ceased with the prayer being viewed as the means of worship. This established the development of synagogues as an institution where daily prayers, community meeting and religious studies were observed. Soon after the destruction of the Holy Temple, synagogues were given a significant importance as the central place of Jewish religious life, especially for their social and religion based practices. â€Å"After the destruction of the Second Temple by the Romans in 70 A.D. the synagogue emerges as a well established institution and the center of the social and religious life of the people.† (Harris, 2010). Though the actual origins of synagogue are not clearly stated in the annals of history, scholars infer that might have got originated right from the olden days of Babylonian exil e. However, there is a common misconception that synagogues started to emerge only after the destruction of their temple. This is indeed a wrong concept as synagogues always existed, even during the times of Temple. However, the key point is that the destruction of the Temple primarily led to the rise of synagogues as places of worship. Over the course of time, synagogues replaced the central sanctuary in Jerusalem holding the Ark with the Torah scrolls and the Ner Tamid, the everlasting flame. Comparison of Jewish traditions There exist three variants of Jewish traditions - Orthodox, Conservative and Reformed Jews, differing minimally and maximally by the customs and beliefs that they hold and practice. Orthodox Jews are those who attach the highest level of importance to the scriptures and the prayers, by strictly adhering to the Sabbath laws and traditional beliefs. Conservative Jews are slightly liberal in their belief of Judaism adapting it in line with their contemporary life, which is much contrary to the Orthodox Jewish beliefs which states that the customs and laws of Torah should not be altered or rejected, by any means. In the early 19th century, the Reformed Jewish traditions were formed in response to the Enlightenment in Germany, adopting Judaism as a religion rather than a race or culture. They rejected most or all of the rituals performed pertaining to Torah but much emphasized the ethical aspects of the religion. Unlike Conservative and Orthodox Jews, they hold a belief that Torah is merely a good