CONTRACT LAW Essay Example | Topics and Well Written Essays - 2000 words - 1

CONTRACT LAW - Essay Example Promissory estoppel is important in the sense that it can be used as a defense by a party to prevent another from turning back from the concession he or she has given and enforce his or her rights against the recipient of the concession. In order for promissory estoppel to arise, there must be a clear and unequivocal representation made by the parties that a right will not be enforced against the other. According to the court in the case of Woodhouse Israel Cocoa v Nigerian Produce Marketing Company2, there is a need for the party or the parties making the concession to inform the other party or parties regarding the concession made. The parties must clearly state the rights being waived or the favors which are extended to the other parties to create a clear representation. In other words, the concession made must be clearly communicated and understood by both parties otherwise said concession may not be considered as validly made. As decided by the court in the case of Baird Textiles holdings ltd V Marks & spencer plc3, where the concession made is ambivalent and insufficient to establish a clear representation, the party or parties to whom the concession was made may not use the doctrine of promissory estoppel as a defense. Is there a need to make an express concession to in order for the parties to make use of the doctrine of promissory estoppel? Apparently, the court does not require an express concession from the parties but rather it only requires that the concession must be unequivocal and sufficiently clear to be understood by the parties. According to the decision of the court in the case of Hughes V Metropolitan Railway Co.4, an implied representation can be a ground for promissory estoppel. Thus, if the acts of one party impliedly tell the other party that it is granting a favor to the other and the party who had been impliedly

An evaluation of two primary sources in Nazi Germany Essay

An evaluation of two primary sources in Nazi Germany - Essay Example Goebells can be trusted to paint an accurate and reliable picture of the Ministry’s aims. Goebbels was knowledgeable on the media/manipulating press, in the full speech Goebbels points out that he is ‘from the press’2 and goes on to say that he wants the press to be involved in the ministry. Goebbels is persuasive, he claims alignment to the press, suggesting he’s one of them; then stresses the high importance and value of their role; essentially bolstering the troops and thus he comes across as an informed authority on the subject. The speech is represented slightly differently in different textbooks; presumably due to the translation from German to English. Whereas the Noakes and Pridham version says: ‘work on people until they have capitulated to us’3 – the David Welch version says: ‘work on people until they are addicted to us.’4 There is a subtle difference in meaning between these two translations, the first suggesting surrender, the latter suggesting devoted, and this must be borne in mind when interpreting the source. The final line of the document gobbet states: ‘tell the masses what they want,’5 this applies Antonio Gramsci’s term ‘hegemony,’ whereby the masses of society give their consent to the ‘direction imposed on social life by the dominant fundamental group.’6 It’s highly significant to the way in which propaganda works and influences. Goebbels is keen to make the distinction between enlightenment and propaganda, by defining propaganda in more positive terms as being active, something that persuades people to believe; whereby enlightenment is more of a passive process. The source has a wider significance when the events that occurred afterward are considered in hindsight. In March 1933 the Nazi’s were beginning to gain a political foothold, they’d achieved 288 seats, but had still failed to win a majority vote7. Propaga nda was intended to forge Nationalism, so that people would put aside any other separate defining social groups such as class or religion and instead focus upon the Nation. Goebbels was effective in setting up and directing the Nazi propaganda Ministry. In Goebbels’ speech he talks of wanting to put across propaganda in a current fashionable manner, radio was a key factor in this. Dr. Brian Currid in his chapter called ‘Radio, Mass Publicity and National Fantasy’ explains how German radio had begun 10yrs earlier than Goebells article, in 19238, and at that time mostly consisted of music and songs. Currid charts the change or reform of radio’s usage by the Nazis into something nationalized and states: ‘After the so-called Gleichschaltung, or consolidation, of the radio – the power of the Nazis to manipulate public opinion had reached unimaginable heights seemingly overnight.’9 Nanny Dreschler also suggests that the radio meant that †˜indoctrination and entertainment [could] be extended into the private sphere without difficulty.’10 On the 30th June, following Goebell’s speech, Hitler himself gave a speech which is a very similar source. This served to corroborate the Nazi party’s stance and lend support to Goebells, stating that as Minister, Goebell’s was: ‘responsible for all influences on the intellectual life of the nation, public relations for state culture’11 The second source is a local newspaper report from March 16 1934, a primary source from the time of the events