Contract Law in UK Essay Example | Topics and Well Written Essays - 750 words

Contract Law in UK - Essay Example Once a certain matter has been decided by a higher court applying the rules and law laid down through the ordinance affecting that particular issue, then for lower courts it will become a precedent to be followed, save in some conditions when the facts of two cases can be distinguished by the lower court. There is two-fold relationship between the two. Once a law has been drafted and implemented in the form of ordinance then it is for the courts to decide cases in the light of the existing law. But sometimes when there are certain loop holes in the law or some kind of ambiguity is there then the court can adjudicate over that matter and it becomes a precedent decision to be followed by the lower courts and executive too. An ordinance once drafted and notified by the govt. becomes a law and if it concerns commercial law then it automatically becomes a source as from then on the business activities has to conducted according to the new or amended rules laid down by that particular ordi nance. Similarly, when a higher court for e.g. the supreme court gives a decision on a commercial dispute and in the process gives a new interpretation to the law applicable to it and gives a new meaning to it then from thereon it becomes a precedent for the lower courts and the executive to follow and can be considered as a source of commercial law for that matter. 2) The Central London Properties v. High Trees House case is based on the English Contract Law and is based on the doctrine of Promissory Estoppels. The brief facts of the case are Central London Property Trust (CLPT) owned a block of flats which it leased -- for 2250 pa -- to High Trees Ltd (HT), Due to the resultant war the occupancy was low and HT negotiated with CLPT to reduce the cost of the lease to 1250 pa for the period 1940-1945. It was done. But after the war was finished the demand increased again and there was hundred percent occupancy. CLPT sued HT for the full cost of the lease, as per the original agreement. However, the Court dismissed the petition on the rule of Promissory Estoppel, which means that one party to a Contract indicates in certain terms to the second party that he (the first party) will not insist on his full rights under the contract, and based upon that promise the second party does or abstains from doing a certain act. The Second Party after making a certain promise can not go back and claim its full rights. The Court applied the above principle in this case and said that the agreement to reduce the rent was a promise between both parties and subsequent to that HT has acted on that promise, now at this stage CLPT can not be allowed to claim all its rights according to the original agreement as HT has already acted on the promise given by CLPT and it will be subject to Promissory Estoppel. 3) In this case there was a contract between Claudine who operates an import /export company in Tsuen Wan and a transport services company KCR through its manager for a load of a client's furnishing supplies to be sent by train to Guang Zhou. Though nothing was mentioned on the written contract about when the journey will be made but according the principles of contract law where, by the contract, a promisor is to perform his promise without application by the promise, and no time for performance is specified, the engagement must be performed within a reasonable time. In

Systematizing Tantric Practices in Japanese Buddhism Essay

Systematizing Tantric Practices in Japanese Buddhism - Essay Example This recitation was passed down as an oral tradition until the first century BCE when the Pali Canon was first recorded in Sri Lanka. The various schools of Buddhist thought were broadly categorized as the Southern school and the Northern school. The Southern schools also referred to the Theravadin schools, relating to the Individual Vehicle or Hinayana and prevalent more in Sri Lanka, Burma and Thailand. The Northern Schools corresponded to the Universal Vehicle or Mahayana and developed in and spread to China, Japan, Mongolia and Tibet. In the Mahayana there is the Perfection Vehicle or Paramitayana, which is also known as the sutra system and the Adamantine Vehicle or Vajrayana. Vajrayana is also known as Tantrayana through practice of the four classes of tantras which are 1) Action or Kriya, 2) Performance or Carya, 3) Yoga or Anuttara and 4) Mahaanuttara or Highest Yoga tantra. To some extent, Japanese Buddhism can be thought of as a series of imports from China. The arrival of Buddhism in Japan has three main characteristics. Firstly, it did not come to Japan on a popular level, but was only accepted by the imperial court and then disseminated in the country from the top. Secondly, Buddhism was often associated with magic powers, and was used by the court as a means of preventing or curing disease, bringing rain and abundant crops etc. Thirdly, Buddhism did not replace the indigenous kami, but always recognized their existence and power. Nara Period. The initial period, later known as the Nara period, saw the introduction onto Japanese soil of the six great Chinese schools, including the Hua-Yen and Lu, which became respectively the Kegon and Ritsu in Japanese. However, the Buddhism of this early period was not a practical religion, being more the domain of learned priests. This led to the growth of "people's priests" Their practice was a combination of Buddhist and Taoist elements, and the incorporation of shamanistic features of the indigenous religion. Heian Period (794-1185). The comprehensive syntheses of the Chinese doctrine by Saicho and Kukai, two systems of teaching and practice were created. Saicho founded the Tendai School, whose essential doctrine was the teaching in the Lotus Sutra that the possibility of salvation is given to all. Kukai propounded a doctrine known as the True Word, Shingon. Esoteric practices were very influential to the point that they dominated the Heian period. Kamakura Period (1185-1333) The Tendai and Shingon schools declined, and more earthy democratic movements such as Zen and the devotional schools advanced. The first of the three great traditions of Kamakura Buddhism was the doctrine of the Pure Land. Genku (1133-1212), better known as Honen concentrated on an intensified religious feeling which found expression in the simple invocation of the name Namu-Amida-Butsu, stamped by unshakeable faith in rebirth into Amida's paradise. Honen's successor, Shinran-Shonin (1173-1262) founded the True Sect of the Pure Land, Jodo-shinshu. He explained that the doctrine, practice, belief and realization are all given by Amida Buddha and that nothing depends on one's "own power" (jiriki). Instead, everything depends on the "power of