Researsh Essay Example | Topics and Well Written Essays - 750 words

Researsh - Essay Example The law of the land distinguishes criminal guilt and civil liability. This indicates that the two court systems have different expectations from the complainant and the accused persons or organizations. On the other hand, the civil courts require different levels of proofs in order to attract compensation for the victims (Harr 16). Code enforcement officials are liable for all complaints arising from their area of authority. In any instance, enforcement officials are responsible or liable for complaints relating to health, zoning, and building, city planning and business regulation. This indicates that code enforcement officials are in control of both individuals and organization within the region. Therefore, it is possible to be sued either as an individual or as a department. Although most civil cases in Kentucky and other states deal with institutions and organizations, individuals also get involved with civil torts. Code enforcers can be categorized into building inspectors, fire marshals, zoning officials, health inspectors and the police force. Each of these organization focuses on different areas that is of civic interest. According to the stratification of code enforcement officials, it is evident that civil cases or torts concentrate on organizations (Harr 56). On the other hand, code enforcers are mainly organizations. However, this does not rule out the possibility of civil cases that affect individuals. For instance, building inspectors are charged with the responsibility of ensuring that all buildings within the state comply with its building ethics and requirements. Owners of buildings can be both individuals and organizations. On the other hand, construction can be done by construction companies or individual contractors depending on the com plexity of a building. Thus code enforcement official are liable to torts committed by individuals or

Evaluate this statement in light of relevant case law and doctrine of Essay

Evaluate this statement in light of relevant case law and doctrine of promissory estoppel - Essay Example Thus, whenever it is established that there was an intention to create a legal contract, the parties involved in the creation of the intention are prevented from rescinding the contract, through the doctrine of estoppels2. The substance of a contract is the intention that the individuals had when they were establishing the contractual agreement. Therefore under the law, an agreement is only legally enforceable, if the parties are deemed by the court to have intended to establish it1. While the element of consideration is essential for a legal establishment of a contract, the intention to establish such a contract overrides the substance of consideration, since where the court can determine that the parties involved in the establishment of a contractual agreement had the intention to do so, and then the presumed consideration is as good as agreed. While the intention to create a legal relation between parties may not have been stated explicitly, it is the circumstances and the conditi ons surrounding the establishment of the agreement that are inferred, to establish whether such an intention existed2. To establish the existence of an intention to create legal relations, two principles always come into play. First, the principle of the reasonable man test, must apply. This principle seeks to determine whether, given the circumstances under which the parties to an agreement were while establishing it, a reasonable man can find there was or there was no intention to create a legally binding agreement3. The second principle is the principle of two presumptions, which presumes differently when considering the intentions of an agreement, depending on whether the agreement is a commercial agreement or a social agreement. Nevertheless, the differentiation in the nature of the agreement, when it comes to the presumption of an intention to create a legally binding contract, has a predetermined position. The conditions applicable for a commercial agreement in relation to th e principle of intention to create a legal contract are different when it comes to social and domestic agreements4. The predetermined position for a business transaction or any commercial agreement is that there is always an intention to create a legal relation. On the other hand, the predetermined position for the domestic and social contract is that there is no intention to create legal relations, unless proved otherwise. Therefore, for a business transaction, the person wishing to rescind the contract has to prove to the courts that the circumstances and conditions under which the agreement was entered into, do not qualify to establish a legal and binding obligation. On the other hand, for a social or domestic agreement, the parties involved must prove to the courts that there was indeed a need to establish a legally binding contract between the parties (Mulcahy and Tillotson 97). This presumption was demonstrated in the case of Balfour v Balfour [19193] 2 KB 571, where Mr. Balfo ur lived in a different estate with Mrs. Balfour, who could not join him due to her medical condition. Therefore, Mr. Balfour promised to be remitting $30 to his wife every month, but later default on the remittance. Consequently, Mrs. Balfour sought to enforce the agreement through a court of law, on the premise that there was a legally binding