Evaluation Assignment Of 2 Academic Journal Articles

Your University
Evaluation of Two Academic Articles
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Course Name and Number
Professor Name
April 7, 2017
1 What is consideration?
Consideration is important for the creation of contracts between two parties, because it prompts them to enter into a mutual agreement through the specification of the terms and performances that they have to deliver.[ 'Consideration' (TheFreeDictionary.com, 2017) accessed 6 April 2017.]
2 When did the agreements between in Balfour v Balfour and Merritt v Merritt take place? Is it before or after the marriage was breaking down?
The cases of Balfour v Balfour and Merritt v Merritt are both distinguished with each other because the first case was happened after the breakdown of a marriage whereas the latter happened even before the marriage was starting to breakdown.[“Merritt v Merritt” (Merritt v Merritt) accessed April 6, 2017] [“Balfour v Balfour” (Balfour v Balfour) accessed April 6, 2017]
3 Citing examples where appropriate explain the difference between rebuttable and irrebuttale presumption
A rebuttable assumption considers certain facts as true until it is proved to be otherwise in the court of law. An example of this would be the assumption that “if a woman is married when she gives birth to a child, that her husband is its father”. On the other hand, irrebuttable presumption, also known as ‘absolute presumption’ and ‘conclusive presumption’ considers facts as “necessarily true” in which any additional evidences which goes against them cannot prove them to be false, unless the instrumentation is proved to be false.[Legal IUS, “USLegal” (Rebuttable Presumption Law and Legal Definition | USLegal, Inc.) accessed April 6, 2017] [“Presumption” (The Free Dictionary) accessed April 6, 2017]
4 Explain the different approaches used by the courts to determine the intention of parties to a contract.
Different countries use different approaches to determine the intention of parties to be legally bounded by a contract. In Gulati’s article, he stated that courts in countries such as India and China only utilizes the “Doctrine of Consideration” in order to allow two parties to create a contract and impose a legal assurance that each other must deliver based on the specified performance that they should deliver. Such courts according to him, are mostly those which are under the Civil Law system except for Western countries such as the U.S. and the U.K. following from this, western countries requires the need for both parties to prove their ‘intentionality to create legal relation’. Such approaches, according to Gulati, was based from the Classical theory which emphasize the concept of “human will”. However, there are also approaches which utilizes a ‘mixed approach’ in that aside from just proving that there is a need for both parties to explicitly state their intention, both of them would also have to provide a specific set of considerations, in which the material, monetary, and other types of obligations would be evaluated based on a defined set of criteria.
5 What are the arguments raised by Gulati (...