A promise made to you will not necessarily be enforceable

A promise made to you will not necessarily be enforceable Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . A promise made to you will not necessarily be enforceable Consideration means that a promise made to you will not necessarily be enforceable in the courts unless you can establish that you have  given something  for it. Suppose I promise to deliver a ton of gravel to you next week – you get your shovel and barrow ready, and I don’t turn up. I probably would not be liable to you in damages, because you haven’t given anything in return, and merely getting your barrow ready would not be sufficient reliance to make it enforceable. However, if at the time of making the arrangement, you said that you would pay me $10 per ton for the gravel that would be sufficient consideration.  A promise to pay  is sufficient to count as  giving something, even though the promise is not to be put into effect for some time yet.’’ What is Constitute Consideration? Consideration is one of the three essential elements of a valid contract. A promise is made withou t consideration; it does not constitute a valid contract and cannot be enforced in law. Only the contract that has valuable consideration is a valid contract. In a common promise unconfirmed by consideration is not a binding contract. A promise is give without consideration but is intended by the parties to affect an existing contract between them which has been acted upon by one party, and then such promise may be used as a defence by the party to enforce the existing contract. Valuable consideration has been defined as some right, interest, profit or benefit accuring to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other at his request. Consideration may be executed or executor, but it may not be past, it need not be adequate, but it must be of some value; and it must move from the promise. In the case of Thomas v Thomas (1842) 114 ER 330, QB, the court held that even though the payment of  £1 a year towards the ground-ven t was a very small sum, it was a valuable consideration and enough to complete the contract. Consideration must be clearly associated with the promise, and past consideration is generally unacceptable. In the case of Re McArdle (1951) 1 All ER 905, CA, the occupants of a house carried out various repairs and improvement, and after the work was complete the beneficial owners of the house promise to pay for this work. They did not pay and the occupants sued. The court of an application held that the consideration for the promise was past and there was no contract. In another way, the occupants failed in the suit because the beneficial owners of the house made the promise after the work was complete. In another case Lampleigh v Braithwait (1615) 80 ER 255, Common Bench said that D asked P to get him a royal pardom. P successful in obtaining to pay him  £100. The majority of breach held that where D makes a request that P does his same service is performed, D promises to pay for it th e promise and the request go together and there is a binding contract. However, the performance of an existing duty cannot constitute consideration. In the case of Collins v Godefroy (1831) 109 ER 1040, KB, D’s subpoena P as a spectator. In court and promise to pay him some fee for his time. D did not pay, in the court held that since the subpoena compulsory a legal duty on P to appear at court, this cannot constitute consideration.

The Death Penalty in the United States Essay Example | Topics and Well Written Essays - 2500 words

The Death Penalty in the United States - Essay Example One of the main arguments for the death penalty is that it deters crime. The death penalty is a harsh punishment as it condemns one to die hence a rational human being would rather avoid committing such an offense for fear of death. It instills fear in potential criminals, therefore, making them avoid the crime and a result, murder rate declines. A research carried out by the University of Colorado on the relationship between executions, pardons, and homicides in 2003 revealed that for each additional execution deterred five murders while each commutation reduced deterrence and produced five additional murders. This shows that punishment by the death penalty is more effective in deterring crime. However, opponents would argue that death penalty has no effect on crime since those regions which have long abolished death penalty such as the south have lower crime rates than those currently using it. Assuming they are right, this justifies death penalty as a deterrence for crime as it me ans those areas have high rates of crime hence death penalty is needed. Moreover, the variations may be caused by other factors such as educational level and economic prosperity of such regions which has a direct relation to the crime rate. For example, according to Banner, people of the south originated from violence prone areas and wealth was unevenly distributed hence at the initial stages they were using the death penalty to deter all sorts of crime. Another argument in support of crime deterrence is that death penalty incapacitates offenders. ... This shows that punishment by death penalty is more efficient in deterring crime. However, opponents would argue that death penalty has no effect on crime since those regions which have long abolished death penalty such as the south have lower crime rates than those currently using it. Assuming they are right, this justifies death penalty as a deterrence for crime as it means those areas have high rates of crime hence death penalty is needed. Moreover, the variations may be caused by other factors such as educational level and economic prosperity of such regions which has direct relation to crime rate. For example, according to Banner (6), people of the south originated from violence prone areas and wealth was unevenly distributed hence at the initial stages they were using death penalty to deter all sorts of crime. Another argument in support of crime deterrence is that death penalty incapacitates offenders. The death of a first-degree murderer means fewer crimes will be committed a s the individual is not able to commit the crime again. Cassell (183) noted that a murderer who had been convicted and given a death sentence but escaped when the state abolished death penalty committed more of such crimes thereafter such as rape and murder. If he had been hanged, those crimes against innocent citizens would have been avoided. However, opponents advocate for life imprisonment without parole to enable the offender to get rehabilitated and change hence reduce crime (Guernsey, 2010). Walker (10) argues that contrary to popular belief, death penalty is justified in the sense that according to public opinion, many citizens of US even in states where death penalty was abolished are in favour of it as a punishment

The luggage holder Essay Example | Topics and Well Written Essays - 1000 words

The luggage holder - Essay Example Very little energy is used by the luggage holder and its applications. In addition, the luggage holder is manually operated, so it does not use any energy other than human effort. Since it requires human effort to operate, this makes it very sustainable and energy-friendly in the long-term. It is also renewable, efficient and non-polluting because it is natural energy. The only resulting impact identified so far is possible fatigue as a result of long periods of operation, which is also very negligible. Finally, all materials are as inherently safe and benign as possible. The luggage holder does not have any energy inputs or outputs though. When it comes to human capital, concept development, product design, assembly, and marketing are the labor-intensive stages of product development that require a lot of human capital. Creativity, innovation, knowledge, habits, skill, cognitive abilities, and social and personality attributes, are the human capital elements that will be in high demand in the design and development of the luggage holder. In regards to financial capital (monetary instruments), a lot of financial resources are required to fund the activities involved in the human capital aspect. When it comes to manufactured or real capital (made by people and their tools), there are steel works, plastic processors, manufacturing space (to support industrial production), assembly tools and machines, and other related forms of infrastructure will be required. The luggage holder does not require any natural capital (the Earths resources and bio-capacity). Very little natural capital is required to develop and sell this product. The materials required are obtained from very little natural resources, and do not interfere with the earth’s bio-capacity in any way. The product development cost is quite high, exact costs are not yet clear as per now. The product development