The common law, recognizes that an intention to create legal relations is an independent element, which must be proved in addition to offer, acceptance and consideration, to ensure the enforceability of a contract. How Do You Establish an Intention to create legal relations? First, where the parties have expressly declared or clearly indicated in their […]
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WHAT IS ACCEPTANCE? To constitute a contract, the offer must have been accepted by the party to whom it is made. An acceptance has ben defined as the final and unqualified expression of assent to the terms of an offer. Acceptance by conduct: Brogden v. Metropolitan Railway Co. : Brogden had been supplying coal to
WHAT IS AN OFFER? In NTHC v Antwi, Date-Bah JSC defined an offer as ‘an indication in words or by conduct by an offeror that he or she is prepared to be bound by a contract in the terms expressed in the offer, if the offeree communicates to the offeror his or her acceptance of
WHAT IS A CONTRACT? A promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty. WHAT ARE THE ELEMENTS OF A VALID CONTRACT? • Offer and Acceptance • Intention to Create Legal Relations • Capacity to
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Declaration and injunctions though private law remedies have become increasingly important in public law due to human rights and administrative law issues. DECLARATION: This is a common law remedy developed by the common law courts. The declaration is the authoritative statement by a court of law as to the state of the law in relation
Two principal concerns 1. Constitutional Interpretation 2. Statutory Interpretation STATUTORY INTERPRETATION While Parliament may make laws, judges interpret them. The operation of the court process may therefore be of great significance in the manner in which an Act operates. In fulfilling their task of applying the law to the facts before them, the courts frequently
WHAT IS THE NATURE AND HISTORY OF LAW/DEFINITION OF LAW? The question ‘what is law’ or ‘what is the nature of law’ has received various scholarships if not convoluted in answering. The historical antecedents may begin with the Greeks or the natural lawyers who viewed law as coming from God or of having an inherent
WHAT IS THE DOCTRINE OF STARE DECISIS AND ITS OPERATION IN THE GHANA LEGAL SYSTEM? In many legal systems there is a practice by which adjudicators in determining disputes that come before them generally take the view that like cases should be treated alike. This is found both in civil and common law systems. Stare
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The criminal process is normally set in motion with a complaint to the police or appropriate law enforcement agency. -Investigation may end the matter either because no substance to the complaint is found, or does not involve commission of any crime known to our law.-Police have to find out whether commission of any offence in
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Before you proceed to court, you need to do the following: 1. Listen to the case of your client 2. Determine whether your client has a course of action.: After listening to your client’s story , you have to determine wehther the aacts are justifiable. See Letang v Cooper 3. If so , whom is
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