Mr. Fu’s son a 7-year-old boy, named Alex, he is a naughty boy, always break other’s window, and pick the flower and small trees. Once, Alex play with his neighbor near the road, he saw a person move a mirror with trolley, his neighbor said: “dare you break the mirror?” After his neighbor says that, Alex use stone break the mirror witch worth 400. The owner was very angry and asks Mr. Fu to pay the money of the mirror, but Mr. Fu thinks that, his son was a little boy, he break the mirror because of his neighbor, so his neighbor must pay the mirror not him.
personal Analysis: The mirror should paid by Mr. Fu, because his son just a 7-year-old boy, he made the mistake because his parent not teach him well, his father is the legal guardian of Alex, so Mr. Fu should pay the mirror. Mr. Fu has the responsibility to pay the mirror.Learn form the case: break others thing is an illegal behavior, and if the person who breaks others thing is not above 10-year-old, this is the responsibility of his legal guardian.
2009年11月22日星期日
case
One company arranges a sale for Jan 1st. The manager puts a notice in the store window on top of a air-condition "SALE - only 200rm. absolutely first come first served."so Ail waits outside the store throughout the night and is first in a long queue on Jan 1st. At 8.30am the manger removes air-condition and sign from the shop window.At 9.ooam the doors open. Ail rushes in and says to the manager: "Here is 200rm." The manager replies: "I'm sorry but that item is no longer for sale".
Personal opinions:
In this case, it could be an offer, because, the words "absolutely first come first served" indicate an intent to be immediately bound.
Also, it is an ITT - the wording is vague. What is "this TV"? How do you determine who is the "first come"? What does "first served" mean?
So ail can suit the company.
Personal opinions:
In this case, it could be an offer, because, the words "absolutely first come first served" indicate an intent to be immediately bound.
Also, it is an ITT - the wording is vague. What is "this TV"? How do you determine who is the "first come"? What does "first served" mean?
So ail can suit the company.
Offer and accept
Offer
Each contract requires an offer and Acceptance of that offer。
To constitute a contract, there must be an offer by one person to another and an acceptance of that offer by the person to whom it is made. A mere statement of a person's intention, or a declaration of his willingness to enter into negotiations is not an offer and cannot be accepted so as to form a valid contract
An offer must be a clear, unequivocal and direct approach to another party to contract.
Acceptance
Acceptance validates the contract; it gives it life. It is at that moment that a contract exists; that there is consensus ad idem(assuming a valid offer and consideration). It also must be clear, unequivocal, unconditional and made by the person to whom the offer is intended.
It is not enough to say that you find the offer to be "agreeable"; you must "accept" the offer although your acceptance can be implied by your conduct. It must also be brought to the direct attention of the offeror before a valid contract exists.
Goods displayed in a shop window or on a shelf.
When a book is placed in a shop window priced at RM9, the bookshop owner has made an invitation to treat(ITT)
When I pick up that book and take it to the till, I make the offer to buy the book for 9RM
When the person at the till takes my money, the shop accepts my offer, and a contract comes into being.
Adverts basically work in the same way as the scenario above. Advertising something is like putting it in a shop window.
More details：
http://tutor2u.net/law/notes/contract-conditions-warranties.html
http://www.e-lawresources.co.uk/Offer-and-acceptance.php
Each contract requires an offer and Acceptance of that offer。
To constitute a contract, there must be an offer by one person to another and an acceptance of that offer by the person to whom it is made. A mere statement of a person's intention, or a declaration of his willingness to enter into negotiations is not an offer and cannot be accepted so as to form a valid contract
An offer must be a clear, unequivocal and direct approach to another party to contract.
Acceptance
Acceptance validates the contract; it gives it life. It is at that moment that a contract exists; that there is consensus ad idem(assuming a valid offer and consideration). It also must be clear, unequivocal, unconditional and made by the person to whom the offer is intended.
It is not enough to say that you find the offer to be "agreeable"; you must "accept" the offer although your acceptance can be implied by your conduct. It must also be brought to the direct attention of the offeror before a valid contract exists.
Goods displayed in a shop window or on a shelf.
When a book is placed in a shop window priced at RM9, the bookshop owner has made an invitation to treat(ITT)
When I pick up that book and take it to the till, I make the offer to buy the book for 9RM
When the person at the till takes my money, the shop accepts my offer, and a contract comes into being.
Adverts basically work in the same way as the scenario above. Advertising something is like putting it in a shop window.
More details：
http://tutor2u.net/law/notes/contract-conditions-warranties.html
http://www.e-lawresources.co.uk/Offer-and-acceptance.php
2009年11月8日星期日
In China news paper, I found this case
One day, Mr. Ding driving his car cross an arch-bridge at midnight, he didn’t notice that there is a man lay on the bridge and drunk a lot(Mr. Li), because the arch-bridge block his eyesight and it is too dark outside, so he crash Mr. Li. After that, he shut down the car, and go to check if Mr. Li dead. He is so nervous and afraid, so he escapes from the crime scene. Finally, Mr. Li was founded and sent to hospital by someone, but it is too late, after the rescue, he died. Medicolegal expertise: Mr. Li died due to visceral injury, traumatic hemorrhagic shock and death. After the police reconnaissance, the place where Mr. Li lay on is hard be found when Mr. Ding crosses the arch-bridge, even though Mr. Ding can notice that Mr. Li lay down on the bridge, it is also hard to stop as soon as possible.
Personal opinions:
This case should divide into 2 parts: 1 Mr. Ding crash Mr. Li. 2 Mr. Ding hit-and-run driving.
1 Actually Mr. Ding Crash is just an accidents and he is not on purpose.
2 Mr. Ding hit-and-run driving, it is constitution of a crime. The constitution of the committing traffic offences is the person break traffic regulations and makes a very bad result. But Mr. Ding didn’t break traffic regulations, so can’t be judged as committing traffic offence. But for the humanitarianism, Mr. Ding didn’t send Mr. Li to the hospital, was a terrible behavior.
Personal opinions:
This case should divide into 2 parts: 1 Mr. Ding crash Mr. Li. 2 Mr. Ding hit-and-run driving.
1 Actually Mr. Ding Crash is just an accidents and he is not on purpose.
2 Mr. Ding hit-and-run driving, it is constitution of a crime. The constitution of the committing traffic offences is the person break traffic regulations and makes a very bad result. But Mr. Ding didn’t break traffic regulations, so can’t be judged as committing traffic offence. But for the humanitarianism, Mr. Ding didn’t send Mr. Li to the hospital, was a terrible behavior.
Clarence Earl Gideon
Clarence Earl Gideon was a poor drifter accused in a Florida state court of felony theft. His case resulted in the landmark U.S. Supreme Court decision Gideon v. Wainwright, holding that a criminal defendant who cannot afford to hire a lawyer must be provided with a lawyer at no cost.
At Gideon’s first trial, he represented himself, and he was convicted. After the Supreme Court ruled that the state had to provide defense counsel for the indigent, Florida retried Gideon. At his second trial, with a lawyer representing him and bringing out for the jury the weaknesses in the prosecution’s case, Gideon was acquitted.
Personal opinions:
The behavior of Clarence Earl Gideon was very influential to all America, because he can struggle with American Law without money, power, and education. He is a very brave man, and showed us that, law need to be improved and renew without stop, because people changed everyday, society changed everyday, so the law also need to change. And this case told us, if a poor man can’t find a lawyer for him, he will be treated unequally, unless the court find a lawyer for him, so this case remind us, keep our legal right every time, and study more business knowledge, and also caution to the law enforcement officials, treat everyone equally no matter his rich or poor.
At Gideon’s first trial, he represented himself, and he was convicted. After the Supreme Court ruled that the state had to provide defense counsel for the indigent, Florida retried Gideon. At his second trial, with a lawyer representing him and bringing out for the jury the weaknesses in the prosecution’s case, Gideon was acquitted.
Personal opinions:
The behavior of Clarence Earl Gideon was very influential to all America, because he can struggle with American Law without money, power, and education. He is a very brave man, and showed us that, law need to be improved and renew without stop, because people changed everyday, society changed everyday, so the law also need to change. And this case told us, if a poor man can’t find a lawyer for him, he will be treated unequally, unless the court find a lawyer for him, so this case remind us, keep our legal right every time, and study more business knowledge, and also caution to the law enforcement officials, treat everyone equally no matter his rich or poor.
save hospital's reputation
Mr. Sun and Mrs. Li is husband-wife relationship, at 01.07.2008, Mrs. Li go to Beijing obstetric hospital to have prenatal diagnosis, the baby have checked 5 times by the doctor during the prenatal diagnosis period, and Mrs. Li was told by the doctor everything is normal. At 08.12.2008, Mrs. Li give birth to a baby girl in the delivery room, but the girl was sent to PICU to cure, because of the baby girl was found that congenital malformation. After all experts have meeting, Mr. Sun and Mrs. Li was told that, the baby girl need lots of operation, but they can’t promise can cure the baby girl.
The couple sues Beijing obstetric hospital, because Mrs. Li’s baby girl has checked 5 times by the doctor, but the doctor told her the baby is normal every time, so they thought that, the hospital have responsibility to compensate the baby girl’s Medical expenses, Transportation expenses, maintenance expenses, spiritual damage compensation and follow-up treatment costs.
Personal opinions:
As we all know, hospital is the place where can save people and can be trusted by people, but this case happen will influence the honor of all hospital, because of this case, people become afraid to go to hospital , because of this case, every mother will worried about her baby. So I think Beijing obstetric hospital must pay all the fee of the baby girl. But money can’t solve all problems, how about the baby, how about the family, the hospital brings a lot of pains to the family, this is not the end, it is just a beginning……
As we all know, hospital is the place where can save people and can be trusted by people, but this case happen will influence the honor of all hospital, because of this case, people become afraid to go to hospital , because of this case, every mother will worried about her baby. So I think Beijing obstetric hospital must pay all the fee of the baby girl. But money can’t solve all problems, how about the baby, how about the family, the hospital brings a lot of pains to the family, this is not the end, it is just a beginning……
is it legal to cuss people online
A consultation to B is it legal to cuss people online? A said he offend C, so C cuss A online, and use a lot of dirty words rude to him, on his blog, and all place.
Personal opinions:
As I think, everyone has its own Reputation Right, and protect by the law, forbid to humiliate, and libel, so C’s behavior already break the law and infringe A’s Reputation Right. Because according to the law, people can have free speech online, but it need to be limited so that it will not infringe other people.
Personal opinions:
As I think, everyone has its own Reputation Right, and protect by the law, forbid to humiliate, and libel, so C’s behavior already break the law and infringe A’s Reputation Right. Because according to the law, people can have free speech online, but it need to be limited so that it will not infringe other people.
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