Critically appraise whether recent judicial decisions reinforcing Coursework

Critically appraise whether recent judicial decisions reinforcing - Coursework Example Most of the businesses use forms that have special terms and standard legal language on backs or bottom of the documents governing sales and purchases. This is more so to the business men who focuses more on the commercial transactions than legal doctrine. When the recent judicial decisions are used, the court uses the first and last short approaches in determining the effectiveness of the contract. In practice The boilerplate language is classically in small print, covering business contingencies which arise rarely2. Through the application of the recent judicial decisions, some major disparities are identified in the legal doctrine resulted from discrepancies in some conditions that accompany replies and offers3. This case is similar to the case between Mr. Jones, company by the name of CMP and Ricoh [Ricoh UK Limited v Jones (2010) EWHC 1743 (Ch). According to the agreement, no one was supposed to have any contact with any client except through Ricoh. Mr. Jones had no reciprocal o bligation to deal with the clients without Ricoh. Later there arose a dispute over tenders to supply MFDs outside the country for a company which had been a regular customer for CMP.4 The court dismissed this on the basis that, the parties were operating on the same levels of distribution chain. The Uniform Commercial Code has much consideration on the offers accepted when the sellers sends written confirmations of acceptance to the buyer5. Another similar cases involved Manchester CC v Gibson [1979] 1 WLR 294. Gibson was an occupier and tenant of a council house and he wished to purchase the house under the â€Å"right to buy scheme†. He received a letter from the council informing him of the willingness of the council to sell the house. Later, the political control of the council changed resulting to revoke of the policy of the right to buy. It was held by the House of Lords that the council never made the offer to sell and, therefore, there could be no valid acceptance. 6 The above scenario can also be related to a case of Manchester CC v Storer 3 All ER 824. In the case, the council had sent an application to purchase a house which was about to be completed. When he completed the form as the instructions required, the council refused to sign and to return the application as they had agreed. When the case was taken to the court, the judge held that, the contract was formed.7 The judicially and the international legal community have tried to find satisfactory ways of deciding the terms of controlling an agreement.8 Another similar case involved Ex- Cell- O corporation (England) Ltd v Butler machine Tool Co. Ltd [1979] 1 WLR 401. Later, a dispute occurred when each company used separate standard form. One company used a form with a price variation which had a clause while the other company used a contract form without a price variation clause. In the case, the House of Lords held that, the contract was based on Ex- Cell- O corporation’s terms be cause it had included an acknowledgement strip which was signed by both parties.9 According to Section 2(207) of The Uniform Commercial Code10, it is assumed that the merchants do not read or understand the terms which are contained on the exchanged forms between the parties involved. This section of contract Law is similar to Article 19 of CISG which emphasizes on the irresponsibility of the merchants for getting clear information of the contract agreement11. In 1975, the United States Court resolved a case between Manning Fabrics Inc. 441 F. Supp., and Lea Tai

Haqqani Network Research Paper Example | Topics and Well Written Essays - 2000 words

Haqqani Network - Research Paper Example The Haqqani Network operates under the supervision of Maulvi Jalaluddin Haqqani, a highly dangerous fighter and anti-soviet resistance commander, and his son Sirajudin Haqqani, who now handles the important affairs of this enemy network. This group has been existing in Pakistan since Soviet era and is spread across Kabul (Clarke, R, 2011, p.105). The Haqqani Network is claimed to have been in alliance with many intelligence groups such as Central Intelligence Agency (CIA), Osama Bin Laden and Saudi Arabia’s Spy Service (Takashi, 2012, para.2). The Haqqani Network runs under the leadership of Haqqani family. Jalaluddin Haqqani and his sons now lead this insurgent group. Acording to Mazzetti, Shane & Rubin (2011) the Haqqani family is the Sopranos of the Afghanistan war, a family that made out its earnings and rose from the bottom through exercise of all kinds of illegal activities like trafficking, kidnapping, extortion, and so forth (para. 1). That being said, they are also reported to acquire protection money from the American reconstruction funding that was particularly aimed at construction of schools and roads in Afghanistan. With increasing network horizon and an enormously vast web of connections, this group has many top-tier leaders that operate different parts of the group secretly. That being said, the pioneer of the group, Jalaluddin Haqqani is considered a chief figure in the leadership of this network. Jalaluddin acted as a mujahedin leader in his fight against Soviet forces where he received significant help from the ISI and CIA (Bowman, 2009, p.26). The leader himself focused more upon his hometown Zadran, which is a central territory that connects nine tribally linked districts at the border of Paktika, Khost and Paktia province. Since the leader Jalaluddin has turned old and weak due to illnesses, most of the network’s responsibilities and activities have been transferred upon