- Oct 2024
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www.jstor.org www.jstor.org
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Three other solutions were considered in Butle
First Instance: * Thesiger J. suggested sellers' terms "shall prevail" bound future dealings, implying buyer agreement. * Rejected on appeal to prevent unfair imposition of terms by offerors. Second Suggestion (Professor Guest): Divergence in reply leads to a counter-offer; acceptance could be implied from silence. * Concerns raised by Bridge L.J. and Lord Denning about the implications of this approach. Example Concern: * If a counter-offer significantly undercuts the original offer (e.g., £72,000 vs. £60,000), sellers may not expect a response, aligning with traditional commercial expectations.
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efinite and seasonab
A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms
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) A definite and seasonable expression of acceptance or a writtenconfirmation which is sent within a reasonable time operates as anacceptance even though it states terms additional to or different fromthose offered or agreed upon, unless acceptance is expressly madeconditional on assent to the additional or different terms.(2) The additional terms are to be construed as proposals foraddition to the contract. Between merchants such terms become partof the contract unless:(a) the offer expressly limits acceptance to the terms of the offer;(b) they materially alter it; or(c) notification of objection to them has already been pven or isgiven within a reasonable time after notice of them is received
- Timely acceptance valid even with different terms unless: Acceptance conditions on agreeing to additional terms.
- Additional terms: Considered proposals for the contract. Become part of the contract between merchants unless: Offer limits acceptance to original terms. Terms materially alter the contract. Objection is given promptly.
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he first step was formation. A co
formation of accpt
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plus-lexis-com.ezproxy.cityu.edu.hk plus-lexis-com.ezproxy.cityu.edu.hk
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He did not apply the traditional method of analysis by way of offer and counter-offer. He said that in the quotation of May 23, 1969, “one finds the price variation clause appearing under a most emphatic heading stating that it is a term or condition that is to prevail.” So he held that it did prevail.
'scrap' tnv amd replace them by 'reasonable implementation'
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- Sep 2024
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canvas.cityu.edu.hk canvas.cityu.edu.hkFiles1
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First, the test for determining whether interpretation complies with a defendant’s right to have interpretation under section 24(g) of the Bill of Rights Act 1990 in New Zealand, which is in pari materia with Article 11(2)(f) of BORO, A.
Secondly, sufficiency does not mean perfection.
Thirdly, appellant cant show interpretation was under standard
Ratio: But evidence! can be molded to answer the case against him according to his understanding.
Ratio: imisinterpretation doesnt necessarily mean a breach of BORO. Orbiter: example "duress"
Ratio: defendants council has the authorithy to deal with the ruling of law. not the defendant. Defendant can prove translation deficiency for council then itll be an issue
Orbiter: hk has highly developed and experienced interpretation, thus we consider professionals PROFESSIONALS unles demosnrtated otehrwise. To be in the high court u need experience too which proves their credibility.
Orbiter: some languages like latin based to non latin based may be harder to translate, so it might come off in different words (translation is an art) or else it wont convey the correct meaning
orbiter: sometimes translators literallly js repeat the same thing over n over again bcs the court is like that. u js need the reciever sufficiently understands whats going on
precedent: applicant didnt say what it was that the interpreter failed or misinterpreted that affected her defence.
precedent: if too long then bad bcs eveyrone alrdy forget and written record is in english?
Orbiter: its hard when complicated wuedtdions translated simply then ppl think its not translated
knowledge and duress.
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- Aug 2024
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Local file Local file
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Supreme Court of the United Kingdom: Highest court in the UK, hears appeals on points of law of great importance. Court of Appeal: Hears appeals from High Court and County Court decisions. High Court: Divided into three divisions (Family, Chancery-property and Queen's Bench-common law), handles high-value civil cases. Family Court: Deals with family-related matters, such as divorce and child custody. Chancery Court: Handles cases involving property, trusts, and intellectual property. County Court: Handles smaller civil claims, such as debt and personal injury cases. Crown Court: Hears criminal cases, including indictable offenses and appeals from Magistrates' Courts. Magistrates' Courts: Handles minor criminal offenses, such as traffic violations and public disorder. Administrative Tribunals: Quasi-judicial bodies that hear appeals related to government decisions (e.g., tax, social security). Court of Justice of the European Communities: Interprets and enforces EU law, located in Luxembourg. European Court of Human Rights: Ensures compliance with the European Convention on Human Rights, located in Strasbourg. Judicial Committee of the Privy Council: Hears appeals from certain Commonwealth countries, particularly on constitutional matters.
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Instiutional sources of law: European convention on HR -- parliament - statute law, grants law-making powers to other bodies (local councils and govt departments) as DELEGATED or SECONDARY legislation (statutory instruments, regulations) courts - parliamentary sovereignity (supremacy) . interpretation in distinguishing common law or statue and other systems trial and appellate courts = hear cases for the first time vs review past decision civil and criminal courts = offences vs legal relationships
EU
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Functions of the law: Maintenance of public order and safety protection of indv rights and liberties organization and control of the political sphere regulation of economic activity regulation of human relationships preservation of a moral order regulation of international relations.
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- Apr 2024
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Local file Local file
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allow private sectors ofmining companies. This raises the question of accountability and responsibility
PUBLIC PRIVATE DEBATE
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fossil fuels to power the machinery andexplosives that clear up the lands.
co2 and pollutants
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limate Change
mikir jg gt minerals ini buat solve climate change tapi harus tunggu biar efektif kl ga sama aja parah, misalnya lo buat ev tapi g ada battery charger dan lain hal
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metal mining requires several steps
tar cari the stepsas whole, each of its damages, yg paling harmful for crypto mining yang mana.
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57 countries are a
el salvador ga masuk. ga suka transparnecy, find out harms
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Delegates need to consider the different prerequisites of thegreen or sustainable movemen
LETSGOOO ev
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affected by resource nationalism andgeopolitical instability. Therefore, the mining sector must adjust and interact with stakeholdersand governments to keep the environment stable
nationalizng resources stuff: good or bad
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monitor
call for monitoring solutions
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metal mining
including ASM. like EV batteries
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Technology
need two
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Despite the amount of ores that haveaccumulated less than 20% of usable metals is extracted, which means the rest ofthe ores turn into waste and either contaminate the air, lands or waters. What'sworse is that most mined metals are exported, so the countries that clearlandscapes do not even use them for their own infrastructure and construction
efficiency
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Infrastructure
need 1
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landand sea pollution.4
concern 3
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biodiversity loss
concern 2
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mineral waste
concern 1
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securityanddefence.pl securityanddefence.pl
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feel unprotected
this is why its one sided, krna turkey feels trhreatened by military power fo greece, yet if greece were to attck them NATO might not defend them..
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core.ac.uk core.ac.uk
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October 1981
im here
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