Sunday, May 24, 2020
Sir Robert Peel and American Policing - 962 Words
Sir Robert Peel and American Policing Kristi Pursley CJA/214 August 15, 2011 Don Redden Sir Robert Peel and American Policing The history of policing dates back several thousand years ago when there was no order or peace and inhumane acts upon citizens was the norm with religious, political, or military police acting as the law. Policing was unstable and unorganized. Citizens took the law into their own hands and served as judge, jury, and executioner. There was not such a thing as being ââ¬Å"innocent until proven guilty.â⬠If the community believed an individual was guilty of a crime then the community would handle the offense themselves. American policing stems from the English heritage; crime prevention and control, preventiveâ⬠¦show more contentâ⬠¦The United States admired Sir Robert Peelââ¬â¢s principals of policing and therefore adopted it to incorporate into their legal justice system of law enforcement. The government tried to incorporate Sir Robert Peelââ¬â¢s Principals into different cities with no luck or gratitude. In 1838, Boston became the first city to incorporate these principals and have the first organized policing in the United States. In 1845, New York City followed suit. Soon thereafter, Philadelphia followed suit but it did not follow the principals, destroying different forms of policing. Finally, Philadelphia collaborated their policing style to be organized and uphold order by way of Sir Robert Peelââ¬â¢s Nine Principals. Sir Robert Peel, known as the ââ¬Ëfatherââ¬â¢ of modern policing, set the foundation for organization and structure in modern day policing in London. The United States followed behind shortly thereafter to enlist a police force for order, organization, and service. Peel set up ââ¬Å"Peelââ¬â¢s Nine Principalsâ⬠which the United States still abides by to this day. The ââ¬Ëfatherââ¬â¢ of policing has helped our government to overcome harsh judgment, corruption, and harsh actions, and has made it possible for citizens of this society to bond with local law enforce ment. This has allowed our law enforcement to handle situations appropriately and incorporate bigger agencies to handle more diverse problems throughout theShow MoreRelatedSir Robert Peel Essay847 Words à |à 4 PagesSir Robert Peel Review Danny Granillo CJA 214 September 27th, 2011 Jason Hillis Sir Robert Peel Review American policing has been around for years and is extremely likely to be around for hundreds of generations to come. Very early policing and punishments could include public humiliation and even torture. Times have changed since the beginnings of police tactics now it is incredibly uncommon to see public humiliation due to a crime. American policing has changed multiple times over the pastRead MoreEssay on Role of Sir Robert Peel in Starting Community Policing1500 Words à |à 6 PagesSir Robert Peel Policing has been a part of America for many decades. In fact, policing was known to exist prior to 1066, the year of the Normandy Invasion of Britain. Throughout the years policing has been a complicated and ongoing progress. The people of England did not have a stabilized policing standard and were often responsible for protecting and serving themselves. As early as the 1600s the Colonial America introduced the English styles of policing; citizens were responsible forRead MoreSir Robert Peel Policing1064 Words à |à 5 PagesRunning Head: SIR ROBERT PEEL Sir Robert Peel: Effects on Modern Policing CJA/214 Sir Robert Peel Paper: Effects on Modern Policing Through many years in our history, policing worked without checks and balances, and strictly with trail and error. The structure that was used in those days was not entirely solid in design. There was no procedure to fight crime and law enforcement had no basis. Then, modern policing began in the early nineteenth century. Sir Robert Peek finally allowed for a changeRead MoreSir Robert Peel Essay example691 Words à |à 3 PagesSir Robert Peel Paper Sir Robert Peel, Britainââ¬â¢s home secretary felt that preventing crimes and reforming criminals would have a more positive effect on society rather than punishing them (Williams) 2003. This research paper will describe how policing was handled in the early centuries as opposed to policing in America today. This research paper will explain the impact that Sir Robert Peel had on American policing. In the early centuries criminals were punished quite differently. Up until the lastRead MoreHttp: //Contentrader.Com/How-Sir-Robert-Peel-Influenced-Modern-Policing/#Comments1927 Words à |à 8 PagesHow Sir Robert Peel Influenced Modern Policing | ContenTrader CONTENTCART OUR MISSION ïââ WRITERS START HERE ïââ INFO FOR BUYERS ïââ TUTORIALS TIPS ïââ TERMS PRIVACY ContenTrader An Open Market for Freelance Writers to Display Sell Written Content. SUBSCRIBE TO CONTENTRADER Search â⬠¦ Enter your email address to subscribe and receive notifications of New Content, Site News, and Specials. CATEGORIES Academic Topics Email Address Activism Addiction Read MoreCompare And Contrast Robert Peel And August Vollmer1377 Words à |à 6 PagesRobert Peel and August Vollmer There were many men and woman who made significant contributions to law enforcement and policing but Robert Peel and August Vollmer are some of the most well-known men. Through all of the people who built the law enforcement system the term general service law enforcement agencies is defines by Walker and Katz as agencies that regularly engage in preventing crime, investigation crimes and apprehending criminals, maintaining order, and providing other services. InRead MoreSir Robert Peel Paper920 Words à |à 4 Pagesthis paper I will describe the impact of Sir Robert Peel on the evolution of policing and its history. Sir Robert Peel Paper Sir Robert Peel (1788-1850) updated Englands criminal code. He established the first modern police force in London, whose members were nicknamed after him bobbies. Sir Robert Peel wanted a police force that would provide citizens with ââ¬Å"the full and complete protection of the lawâ⬠andââ¬Å"check the increase of crime.â⬠Sir Robert Peel pushed through the legislation an act calledRead MoreComparison Contrast: Community Policing vs. Traditional Policing1623 Words à |à 7 PagesPolicing in the United States has taken on many different forms and facets in the past 50 years. Although, various modes models of policing styles continue to be introduced, two main aspects of law enforcement have remained constant, (traditional policing community oriented- policing). There are so many different facets, trends, and new emerging technologies in the wide world of law enforcement. First, we will outline a brief history of the origins and evolvement of policing. Special attenti onRead MoreEarly Roots of Policing: Sir Robert Peels (1820s) Nine Principles and Their Connection to Modern2467 Words à |à 10 PagesEarly roots of policing: Sir Robert Peelââ¬â¢s (1820s) nine principles and their connection to modern day policing Sir Robert Peel is known in the history books as the person who created the first form of an English police department, called the London Metropolitan Police. However, the first acknowledgement of any sort of police department or criminal justice system occurred 1000 years earlier by the English King Alfred the Great. King Alfred the Great came up with this idea when he was preparingRead MoreThe Role Of Policing During The United States Essay934 Words à |à 4 Pagescontribute to todayââ¬â¢s American policing. Once such factor that contribute tremendously to todayââ¬â¢s policing came in 1829 when Sir Robert Peelââ¬â¢s concept of policing came into effect. This would change the way policing would be performed in not only England, but the United States (U.S) and around the world. Another huge factor that impacts policing is the relationship the U.S. Government has with policing. These factors affect every policing organization in the U.S. Sir Robert Peel had a huge impact
Thursday, May 14, 2020
Hydraulic Fracturing Fracking Essay - 1860 Words
I became interested in hydraulic fracturing, commonly known as ââ¬Å"frackingâ⬠, after watching the documentary Gasland II. It chronicled the experiences of those who inhabit areas in proximity to active fracking wells in Pennsylvania. Detailing how their lives had been affected by the drilling. Focusing primarily on water contamination and illnesses that potentially could be linked to the chemicals used in the drilling process. By the end, I had questions about the actual process and what chemicals were used. I was also left wondering about the existence of environment laws and monitoring, if any, which would have ensured the use of only substances safe for humans as well as the environment. Why would this process have been allowed if itâ⬠¦show more contentâ⬠¦The PR firms expound the virtues of natural gas and would have us to believe ââ¬Å"the negative side-effects caused by fracking are insignificantâ⬠(Larson 2). They rattle off information on how natur al gas is a clean burning source of energy and how it is now responsible for 30% of electricity production, as well as heating in half of the homes in U.S.; therefore lessening our dependency on foreign suppliers. All positives attributes, granted, but at the end of the day fracking is a business; big business whose primary focus is keeping their shareholders happy with increase revenue. Unfortunately in their quest to make the almighty dollar, they are putting human lives as well as the environment at risk with the use of chemicals that are toxic, some are known carcinogens. To add insult to injury, the government, who is supposed to protect the interests of all, as opposed to the interests of a few, granted the energy companies an exemption from the laws meant to provide protection to humans as well as two irreplaceable resources, water and air. Granting this exemption is a clear indication that public health and the preservation of local ecology were less of a priority than m aking a profit. The list of ingredients used in fracking fluid is long and varied. Some are common, such as salt and citric acid, some are unexpected like coffee and walnut hulls, while others are toxic. A list released by a Congressional committee statesShow MoreRelatedHydraulic Fracturing, or ââ¬Å"Frackingâ⬠, is questionable in many peopleââ¬â¢s eyes. The ââ¬Å"Whyâ⬠ââ¬Å"Howâ⬠1700 Words à |à 7 PagesHydraulic Fracturing, or ââ¬Å"Frackingâ⬠, is questionable in many peopleââ¬â¢s eyes. The ââ¬Å"Whyâ⬠ââ¬Å"Howâ⬠comes up often when hydraulic fracturing is mentioned. Fracking has been tested and proven to be an environmental safe process. Introduced in the 1940ââ¬â¢s, hydraulic fracturing has discovered a considerable amount of oil and clean-burning natural gas from underneath the earthââ¬â¢s surface. Fracking contributes in providing well-needed resources from the earthââ¬â¢s surface to increase our countryââ¬â¢s energy securityRead MoreFracking : Hydraulic Fracturing ( Fracking ) Essay1505 Words à |à 7 PagesNour Alqatami Hydraulic Fracturing Fracking process is a type of drilling water beneath the earth surface in order to access to natural gas and oil. A huge drill is used to pass through many layers of earth and rock that lie between us as the natural gas. The mixture is water, sand and certain chemicals forced into the rock at high pressure in order to force the gas out to where they can collect it. The drill can be driven into the earth either vertically or horizontally. Fracking began as an experimentRead MoreHydraulic Fracturing or Fracking1319 Words à |à 5 PagesResearch Paper: Fracking ââ¬Å"A manââ¬â¢s errors are his portals of discoveryâ⬠(Joyce). The question that arises from this quote is, are some errors worth making in hope for future discovery? One presumable error that is being practiced today is Hydraulic Fracturing (Fracking). The debate of this issue is very controversial and it is hard to decide which side of the argument is the right side. But before one can plunge into the debate, one must understand Fracking entirely. Fracking is the process of breakingRead MoreFracking Hydraulic Fracturing601 Words à |à 2 Pagesquarter are grade has been studying what is fracking Hydraulic fracturing is the process of drilling down vertically to get natural gas from shale rock layers deep within the earth. Fracking produces natural gas extraction. Recent advancements for the drilling technology have led to new manmade fractures in shale plays that were once not available for exploration.(What is fracking online). I think fracking is not safe becaus e in the areas where Fracking is taking place, it is causing crimes whichRead MoreEssay on Fracking: Water Quality and Hydraulic Fracturing610 Words à |à 3 Pages2010 Our Future joe cool OUR FUTURE Joe cool Intro. 105 ââ¬Æ' Our Future 1 Hydraulic fracturing is the propagation of fractures in a rock layer caused by the presence of a pressurized fluid. (wiki 2011). This occurs naturally in nature, but the Hydraulic fracturing that I will speak of in this paper is a process being used by gas companies nationwide. Fracking is currently regulated by the EPA under the clean water act of 2005 (EPA.gov). However, this only partiallyRead More Hydraulic Fracturing: Fracking for a Better World Essay3559 Words à |à 15 Pagesa process called hydraulic fracturing, or ââ¬Å"fracking.â⬠But this energy source is highly polarizing, with strong advocates and detractors. While there are many who believe hydraulic fracturing should not be used in the quest for natural resources, the process has a relatively low impact on the environment, and the shale gas that it produces has the potential to change the energy landscape for the better. Contrary to what environmental activists say, hydraulic fracturing is an inherently safeRead MoreFracking : The Value And Limitations Of The Hydraulic Fracturing Debate2038 Words à |à 9 PagesDistinguishing Frack from Fiction: The Value and Limitations of the Hydraulic Fracturing Debate in the United States It has long been known that large amounts of natural gas reside in deep layers of sedimentary rock such as shale. However, this gas could not be extracted until recent years due to previous limitations of technology making it economically unfeasible. This is now possible due to developments in drilling technology that now allow drillers to drill horizontally. Millions of gallons ofRead MoreHydraulic Fracturing And Fracking : A Controversial Topic Across The Globe1489 Words à |à 6 PagesHydraulic Fracturing or Fracking, as it more commonly known, is a very controversial topic across the globe. In the United States, its status remains the same. Hydraulic fracturing is a method of oil and natural gas production. The process includes the drilling of pipes 1-1.5 miles within the earth. After that pipe is secured and has an impermeable layer around the pipe, a tool that creates small holes within the impermeable layer is sent down through the pipe. It creates holes in the pipe that allo wsRead MoreThe United States Of The Industrial Revolution1720 Words à |à 7 Pagescame up with a practice called hydraulic fracturing, also known as fracking; this process utilizes water pressure to fracture or break a rock in order to release and collect fuel such as gas or oil. In recent years, companies have mixed sand, chemicals and other proponents to retrieve the maximum amount of gas that each drilling site has to offer. A heated debate has begun concerning these mixtures and the money involved in fracking. While one side asserts that fracking should be banned because of potentialRead MoreEssay about Fracking: Drinking Water and New York664 Words à |à 3 PagesFRACKING Purpose: To persuade the audience to help stop the hydraulic fracturing that is happening in New York and other states throughout the country. Thesis: Today I will discuss a very important issue that is happening in our own backyard. Hydraulic Fracturing, also known as ââ¬Å"Frackingâ⬠, is contaminating our drinking water, all in the name of ââ¬Å"Energy Reformâ⬠. How would you feel if you were able to set water on fire? Well some people in New York and Pennsylvania are literally able to
Wednesday, May 6, 2020
ISO 14001 The Impact Essay - 1721 Words
Sustainability Whether an organization is domestic or international they have social responsibilities to the communities they operate within and to the shielding of the world. Caterpillar, Inc. is one such company that puts social responsibility at the top of their priorities. They have an abundance of engineers and technologists working on solutions to improve on sustainability. According to the 2012 Sustainability Report (2012), ââ¬Å"at Caterpillar, we always ask ourselves, ââ¬ËWhat do our customers need? What does the world need?ââ¬â¢ World Resources Institute (WRI) asks those same questions about the communities it serves, and truly delivers some amazing resultsâ⬠(p. 19). Caterpillarââ¬â¢s Chairman and CEO, Doug Oberhelman is a member of theâ⬠¦show more contentâ⬠¦89). The article describes in detail the challenges organizations tussle with in implementing this standard. The ISO 14001:1996 implementation process is extremely lengthy and organizational culture plays an important role. As indicated by Wallace, ââ¬Å"an organizational culture is agreed as a distinction of the day-to-day environment as seen and felt by those who work thereâ⬠(as cited by Balzarova et al., 2006, p. 90). The first organization, based in the North West of England, which the authors performed a case study on was a manufacturer of brass and steel fabricated components. In the last few years, the organization had seen a loss in their profit margin which has forced them to rethink their strategy within the market they operate in. In order to make change, they took on the philosophies of world class manufacturing and to form on highly skilled work force (Balzarova et al., 2006). At this point, upper management also believed the ISO 14001:1996 was in the need of re-implementation because the company had lost certification. Certification was lost due to inadequate pre servation and the absence of commitment (Balzarova et al., 2006). In order to be successful in the re-implementation, the organization had a detailed plan with milestones and individual responsibilities. They did obtain certification but there isShow MoreRelatedThe Impact Of Iso 14001 On Asian Firms5604 Words à |à 23 PagesTHE IMPACT OF ISO 14001 ON ASIAN FIRMS 1, Challenging World of Business in Asia Firms in developed countries have been faced with increasing amounts of pressure to manage and evaluate the impact of their activities on environment as the impacts went well beyond local and regional levels since around the 1970s. Following the developed countries, the same concern has become increasingly obvious in Asia as most of Asian industries have been developed through the export driven style economy and thisRead MoreStrengths and the Weaknesses of Environmental Management System804 Words à |à 3 Pagesconsumerââ¬â¢s social expectation of businesses and government set to tighten regulation have urged environmental management. Environmental Management Systems (EMSs) are strategic management tools that outline the way an organization will address its impacts on the natural environment (Feng et al. 2014, 2901). One business main activities including day-to-day operations, long-term planning as well as other quality management systems have incorporate with environmental mana gement function in an EMS (AustralianRead MoreA Brief Note On The European Union s Ems Standards Essay1904 Words à |à 8 Pages(EMAS) and ISO 14000 whereby BS 7750 is referred as the first EMS that published in 1992, finalized in 1996 and as the basis for the other two standards (Cheremisinoff Haddadin, 2006). EMAS is the European Unionââ¬â¢s EMS standard that first introduced in July 1993 with the objective of ââ¬Å"promote a harmonious and balanced of develop economic activities by having the commitment from organization and continuously improve their environmental performanceâ⬠(European Commision, March 4, 2015). Lastly, ISO 14000Read MoreEnvironmental Management Systems And Principles1473 Words à |à 6 Pagesnecessary guidance for companies to reduce their impacts on the environment. Environmental Management is not only being applied by the United States (US) regions, but along all countries within the world. Within few decades, other approaches such as social res ponsibility and sustainable development have arisen. According to ISO 26000:2010 Guidance on Social Responsibility: Social responsibility is the responsibility of an organization for the impacts of its decisions and activities on society and theRead MoreImplementing Environmental Aspects Into Business Operations And Product Standards1465 Words à |à 6 Pagesto incorporate environmental aspects into business operations and product standards. This series is the ISO 14000. The main goal for the ISO 14000 is to minimize harmful effects on the environment due to the activities performed by a corporation and to improve its environmental performance. Some benefits from the ISO 14000 include: 1) Cost reduction and increased efficiency aspects of the ISO standards. 2) Pollution prevention and waste reduction opportunities 3) Reduction in consumption of energyRead MoreEnergy and Environment1095 Words à |à 5 PagesMarital Status: Single Passport No: G-2237865 |Field of Interest | Environnent Management, Environnent Monitoring, ISO-14001 :2008, ISO 9001 :2008, Waste Management, Environnent (PCB), AERB(DoAE) and BEE (MoP) Complaisance. CSR, |Academic Qualifications | Read MoreGranite And Construction Of Granite1405 Words à |à 6 Pagesof granite in the streetscape is primarily in the form of kerbstones that act as a barrier between paving and road surfaces. Granite kerbs are selected for use because of their durability and also for their aesthetic qualities. The environmental impacts of obtaining granite are those related to quarrying and the emissions from transporting a heavy material. Granite is no longer able to be sourced from the UK in significant quantities for commercial production. Most Granite kerb suppliers importRead MoreCoca Cola Green Initiatives1032 Words à |à 5 Pagescompany has changed the materials used in production. In the Philippines the company has rolled out Ultra Glass which has reduced the use of glass materials by 20%. Ultra glass was introduced in 2000 by Coca Cola, the bottle is designed to improve impact resistance, and reduce weight and cost. The materials are 40% stronger, 20% lighter and 10% less expensive than traditional bottles. The company is investing in recycling programs. Currently Coca Cola recovers approximately 36% of materials sentRead MoreThe Top Management Of Waste Management Essay1410 Words à |à 6 Pagespriorities for environmental sustainability strategy. Waste management entails a responsible operation toward the environment and thus ISO certification. The ISO 14001 Environment Management System (EMS) standard is geared to the management of the immediate and long term environmental impacts of an organizationââ¬â¢s processes, services, and products. Under the ISO 14001 framework for environmental management best practice, organizations improve their business sustainably; comply with the appropriate environmentalRead MoreIso Standards and Tqm4413 Words à |à 18 PagesFOCUS ON TQM, EQM AND ISO INTRODUCTION Environment may be broadly understood to mean our surroundings. It can be divided into non-living and living components. The Environment provides resources which support life on the earth and which also help in the growth of a relationship of interchange between living organisms and the environment in which they live. ISO â⬠¢ What? ISO (International Organization for Standardization) is the world s largest developer and publisher of International
Tuesday, May 5, 2020
Business Law
Question: Discuss about the Business Law ? Answer : Introduction From the onset it is prudent to underscore the fact that for a contract to be valid there must be a consideration. Consideration must be of value in the eyes in the eyes of the law. For consideration to be valuable there must be a legal benefit or a legal detriment. What amounts to a valuable consideration appears to be flexibly encapsulated in the prominent maxim; consideration needs not to be adequate but sufficient. There has been a raging debate on whether performing a preexisting legal duty amounts to any benefit and the prevailing argument is that it may incur a factual benefit on the promisor and a factual detriment to the promissee. Thus the critical is whether the preexisting legal duty will amount to sufficient consideration. This paper will critically examine the doctrine of consideration in relation to sufficient consideration rule. It also seeks to answer the question on what amounts to a sufficient consideration. The main contention in this paper is that even though con sideration should be attached to value which is regarded as a benefit or a detriment, it need not to be adequate. Sufficient Consideration The rule that consideration must be sufficient and not adequate implies that there must be something of value that is exchanged between the parties. Provided that value has been attached to consideration the court will not pay attention to its adequacy.[1] A valuable consideration in the strict sense of the law entails an interest, detriment, loss, forbearance, benefit of a party to the contract.[2] This implies that even a nominal consideration will be sufficient for the formation of a contract. In Chappell v Nestl[3] the court held that the provision of chocolate bar wrappers was sufficient consideration because they increased sales and thus were of value. The fundamental question is thus how the court determines that consideration is of value and thus can be considered to be sufficient. It has been argued that mere giving up a right that one does not have is not valuable consideration. In White vs. Bluet[4] a son was given money by his father following a promise that he will not complain about the distribution of his father estate in his will. The issue before the court was whether the promise not to complain was a valuable consideration. The court ruled that the son had no right to complain and that such a right is not a valuable consideration in the strict legal sense. On the other hand, what amounts to sufficient consideration may be determined by the parties to the contract at the time of making and concluding the contract. It is upon the parties to the contract to determine when making the agreement what will be adequate consideration but in the eyes of the law the court will not pay attention to adequacy of consideration but onl y sufficiency. It bears noting that although the consideration must incorporate a bargaining process, the bargain should not necessarily be a good bargain.[5] It is imperative to note that for consideration to be sufficient both benefit and detriment occur to the parties although there is not mandatory requirement that they should be both present.[6] Consideration must be sufficient in the eyes of the laws and this implies that the court has the discretion within its jurisdiction to determine the consideration given is sufficient or not.[7] Although the law provides that there must be consideration for any legal contractual relationship it is worth noting that the consideration should not be in equal and exact value to the benefit of loss that has been suffered. If the consideration has value in the legal sense the court will not bother to examine or try to find out the exact value or quantity. Essentially, this implies that if a car is worth $10000 and it sold at $100, the sale price will be regarded as sufficient consideration in the legal sense although it is quite glaring that it is inadequate. In the case of Thomas vs. Thomas[8] the executors of an estate agreed that the widow will pay an annual rent of $1 and maintain the house as long as she remained a widow of the deceased. The issue before the court was whether there was sufficient consideration. The court held that the payment of $ 1 as rent was sufficient consideration. A consideration that is normal normally shows that the promisor has taken his promise to b e a serious undertaking which can be legally enforced. It is also worth noting that a consideration that was given in the past can not be relied on through a promises hat is given in the present. In other words the general rule is that past consideration is not sufficient consideration or good consideration.[9] The promise always comes first then the consideration follows. In the case of ReMcArdle[10] the plaintiff had undertaken to conduct some renovations in her husbands house. She successful completed the renovations and asked the siblings in law to contribute towards the renovations she had made. The siblings promised to make the contributions but later they did not honor the promise. It was held that the promises had been made after a consideration had already been provided and therefore there was no sufficient consideration in that case. In addition the consideration that had been provided was part of her duty to do so as the wife of the deceased. Another finding was made in Roscola v. Thomas[11] where the claimant bought a horse from the defendant and after the transaction had been completed the defendant told the claimant that horse was sound and free from vice. The claimant realized that the horse was not actually sound as was promised. The court held that the consideration had already been provided and the promise was made after consideration has been made therefore a consideration made in the past cannot be sufficient. However, past consideration will only be sufficient consideration if the promisor and the promissee had an initial agreement that the promissee will supply him the goods. In Lampleigh v Braithwait[12] the defendant was guilty for the crime of murder but he needed pardon from the king. He therefore requested the plaintiff to obtain the pardon from the king for him. The plaintiff successfully obtained the pardon and the defendant promised to pay him for that. It was held that consideration had been provided f ollowing the request of the promisor and therefore it was sufficient consideration. The defendant was therefore liable to pay for the promise. If the goods are actually delivered and the promisor makes a promise to pay, the past consideration will be deemed as sufficient consideration. The Privy Council in Pao On v Lau Yiu Long[13] held that past consideration can be sufficient consideration if it is capable of being remunerated and if the partied had an earlier agreement that consideration will be provided first followed by the promise. Lord Scarman remarked that a sufficient consideration implies that it must be real, tangible and it must be attached to some value. The general rule is that a consideration that is illusory is not a sufficient consideration. Illusory considerations are given in the following circumstances, where one is given a promise to do that which is his contractual obligation.[14] In Stilk v. Myrick[15] the defendant promised to pay the plaintiff during a voyage. While they were sailing two of the crew men left the ship and the defendant promised to pay the plaintiff the salaries of the two crewmen who had left. When the ship arrived at the port the defendant refused to pay the plaintiff the amount that was promised. It was held that the doing that which one has an existing contractual obligation to perform does not amount to sufficient consideration. On the other hand performance of an existing legal duty does not also amount to a sufficient consideration in the eyes of the law and it is also regarded as an illusory consideration.[16] In Collins v. Godfroy[17] the plaintiff had been summoned by the court to come be a witnes s in a case that the defendant was part of. The plaintiff never adduced any evidence but the court required that he be available in court through out the session. When the trial had concluded the defendant gave the plaintiff an invoice that indicated that he was being paid for being a witness. Later the defendant refused to pay and the plaintiff sued. The court held that the plaintiff had a legal obligation to perform the act and therefore the consideration provided was not sufficient consideration. If a person undertakes act that is not permitted by law then the act is not a sufficient consideration to a promise. This position was held in Nerot v. Wallace and Others[18] where commissioners who were conducting a bankruptcy process were promised that they will be paid for not investigating a person who was supposed to be adjudged bankrupt. It was held that the act was an illegal act and therefore it could not be a sufficient consideration that has value in the strict legal sense. The performance of an existing legal duty can be a sufficient consideration if there is a practical benefit to of the promise. In Ward v. Byham[19] where a mother promised the father that she will look after the child well and ensure that he is happy and the father will have to contribute towards the maintenance of the child. It was held that the mothers act of taking care of the child although it is her duty to do so amounted to a sufficient consideration. Lord denning held that a promise to do that which one is legally meant to do can be sufficient consideration for a new promise. It has been argued the ratio decidendi of the case by lord denning is ambiguous and has not given a clear definition if the sufficient consideration in the facts of the case. However, the decisions appear to have been made in the interest of justice. The practical benefit rule was applied by in Williams v Roffey Bros Nicholls (contractor)[20] where the court held that the promise to make extra payment on an already existing duty was a sufficient consideration because there was a practical benefit following the new promise. In Musumeci v Winadell Pty Ltd.[21] the court held that a promise that has been made to reduce the usual rent charged and the consideration that was given by the tenant was sufficient consideration that had value in the legal sense. It has also been held that a promise that has been made to do an act that is vague and uncertain is not enforceable because the uncertain act does not amount to a sufficient consideration. This position was affirmed in White v. Bluett[22] where the court held that the consideration was vague and uncertain and it could not amount to a sufficient consideration. Conclusion It can be conceded that the doctrine of sufficient consideration has a wide application in various contract formations and the making of promises. It is also a plausible conclusion that consideration must neither be of commercial value nor make any economical sense.[23] It can be observed from the illustrations made above that the court has been careful to ensure that it enforces the wishes and express agreement of the parties. This is based on the fact that court has not paid attention to equivalence in value of the considerations that have ben exchanged by the parties. The court has accepted that no matter how trivial consideration may be it is regarded as sufficient consideration in the legal sense if it is valuable. Consideration must not be of a high value which implies that it must not be adequate. It can be concluded that the rule that consideration must be sufficient and not adequate has acted as a preventive mechanism to prevent the promisor from not going back on his promis e to claim for an adequate consideration. References Chappell Co Ltd v Nestle Co Ltd [1959] UKHL 1 Collins v Godefrey (1831) 1 B Ad 950 Eastwood v Kenyon (1840), 11 AdE 438 Ewan McKendrick, Contract Law: Text, Cases and Materials, (Oxford University Press, 2005) John Carter, and David Harland, Cases and materials on contract law in Australia ,(Butterworths 1998 Joseph Chitty, Chitty on Contracts, (Sweet Maxwell 2004) Lampleigh v Braithwaite [1615] EWHC KB J17 Musumeci v Winadell Pty Ltd. (1994) 34 NSWLR 723 Pao on v Lau Yiu Long [1979] 3 All ER 65 Patrick Atiyah, Essays on Contract, (Oxford University Press, 1990) Poole, J (2006) Textbook on Contract Law, Oxford University Press Re McArdle (1951) Ch 669 Robert Upex, and Bennett Geoffery, "Davies On Contract. (Sweet Maxwell London,2004) Roscorla v. Thomas (1842) 3 QB 234 Stilk v Myrick [1809] EWHC KB J58 Thomas v Thomas (1842) 2 QB 851 Ward v Byham [1956] 1 WLR 496 White v Bluett (1853) 23 LJ Ex 36 Williams v Roffey Bros Nicholls (Contractors) Ltd [1989] EWCA Civ 5 [1] Upex Robert., and Bennett Geoffery "Davies On Contract. (Sweet Maxwell London,2004) [2] Currie v Misa (1875) LR 10 Ex 153 [3] [1959] UKHL 1 [4] (1853) 23 LJ Ex 36 [5] McKendrick Ewan, Contract Law: Text, Cases and Materials, (Oxford University Press, 2005) [6] Ibid n4 [7] Ibid n4 [8] (1842) 2 QB 851 [9] Eastwood v Kenyon (1840), 11 AdE 438 [10] (1951) Ch 669 [11] (1842) 3 QB 234 [12] [1615] EWHC KB J17 If a person undertakes act that is not permitted by law then the act is not a sufficient consideration to a promise. This position was held in Nerot v. Wallace and Others[18] where commissioneReferencesrs who were [13] [1979] 3 All ER 65 [14] Carter John, and Harland, David. Cases and materials on contract law in Australia ,(Butterworths 1998) [15] [1809] EWHC KB J58 [16] Chitty Joseph, Chitty on Contracts, (Sweet Maxwell 2004) [17] (1831) 1 B Ad 950 [18] 462 U.S. 296 (1983) [19] [1956] 1 WLR 496 [20] [1989] EWCA Civ 5 [21] (1994) 34 NSWLR 723 [22] (1853) 23 LJ Ex 36 [23] Atiyah, Patrick. Essays on Contract, (Oxford University Press, 1990)
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