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加拿大法学论文代写:民法

考虑到各方较早前的决定,这可能使情况更容易得出结论,因此,考虑的必要性与每一种情况都不相关,但解决其赤字问题的意愿是重要的。此外,即使协议没有被密封,也没有考虑,任何人都可以被听到,这是一个公正的想法,他们必须得到一个被倾听的机会。在声明中,这个元素是正确和合理的,因为让每个人都有权发言和陈述他们的案件是一种道德的权利,而不是法律的权利。在交易双方之间,考虑是一个相互接受的术语,而不是作为标准的普遍普通法。普通法和民法之间最根本的区别是考虑因素。因此,考虑是一个主要的区别,也是结论的主要工具。Clarke v Dunraven的案例是一个考虑到的例子。克拉克和邓雷文都参加了一场游艇比赛,根据游艇竞赛协会的规定,任何因疏忽而对一艘游艇造成的损害,他将不得不为此付出代价。克拉克因为邓雷文的疏忽而损坏了邓瑞文的游艇,并杀死了一名船员。因此,由于他们在协会规则的基础上进入了比赛,邓雷文不得不支付赔偿金。
当审议没有涉及到,而且仍然要执行协议时,它通常会根据普通法得到执行。例如,如果一个女儿为了她的出生权利而奋斗,在他们死后获得了她父母的财产份额,那么只有在普通法下才会考虑到的索赔。在这种情况下,所提供的声明是一件幸事,因为在没有提及任何审议的情况下,索赔或协议就可能是闻所未闻的。

加拿大法学论文代写:民法

Consideration if being decided earlier by the parties, it could make the case easier to conclude and, therefore the necessity of consideration is not relevant to every case, but the will to solve its deficit is important. Besides, allowing anyone to be heard even if the agreement is not sealed and without consideration, is a just idea and they must receive an opportunity to be heard. This element in the statement is correct and justified as getting everyone a right to speak and present their case is a moral right and not a legal one. Consideration is a rather mutually accepted term between transaction parties and not a universal common law which is taken as standard. The most fundamental difference between common law and civil law is the element of consideration.Thus consideration is a major difference and a major tool for concluding a case. The case of Clarke v Dunraven is an example of consideration being paid for. Clarke and Dunraven both entered a yacht race according to the rules of the yacht racing association that any damages done to one yacht by the other because of negligence, he will have to pay for it.Clarke did damage Dunraven’s yacht due to Dunraven’s negligence and also killed one crew member. As a result, because they entered the race based on the association rules, Dunraven had to pay for the damages.
When consideration is not involved and still the agreement is to be enforced, it usually gets enforced under common law. For example, if a daughter is fighting for her birth right to gain equal share of her parent’s properties after their death, there is not consideration involved by only a claim which is to be considered under common law. In such cases, the statement provided is a blessing, because in absence of the mention of any consideration, the claim or agreement could have been gone unheard.