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127-618: Often the word doctrine specifically suggests a body of religious principles as promulgated by a church. Doctrine may also refer to a principle of law, in the common-law traditions, established through a history of past decisions. Examples of religious doctrines include: Roman Catholic and Orthodox doctrine generally comes from the writings of the Church Fathers , which has been clarified in various Ecumenical councils . Short versions can be found in brief statements of Christian doctrine , in prayer books. Longer versions take

254-412: A Law Commission -sponsored proposal to both unite and codify English and Scots Law, proposed the abolition of consideration. Some commentators have suggested for consideration to be replaced by estoppel as a basis for contracts. A contract is often evidenced in writing or by deed . The general rule is that a person who signs a contractual document will be bound by the terms in that document. This rule

381-539: A meeting of the minds between the parties. Within the overarching category of civil law jurisdictions, there are several distinct varieties of contract law with their own distinct criteria: the German tradition is characterised by the unique doctrine of abstraction , systems based on the Napoleonic Code are characterised by their systematic distinction between different types of contracts, and Roman-Dutch law

508-434: A severability clause . The test of whether a clause is severable is an objective test—whether a reasonable person would see the contract standing even without the clauses. Typically, non-severable contracts only require the substantial performance of a promise rather than the whole or complete performance of a promise to warrant payment. However, express clauses may be included in a non-severable contract to explicitly require

635-467: A tort action based on reliance. Although verbal contracts are generally binding in most common law jurisdictions, some types of contracts may require formalities such as being in writing or by deed . A contract cannot be formed without assent of the two parties to be bound by its terms. Normally this is by written signature (which may include an electronic signature), but the assent may also be oral or by conduct. Assent may be given by an agent for

762-482: A Church, all those who adhere to them". Sacred things are not, however, limited to gods or spirits. On the contrary, a sacred thing can be "a rock, a tree, a spring, a pebble, a piece of wood, a house, in a word, anything can be sacred". Religious beliefs, myths, dogmas and legends are the representations that express the nature of these sacred things, and the virtues and powers which are attributed to them. Echoes of James' and Durkheim's definitions are to be found in

889-407: A certain field. In addition, the court may also imply a term; if price is excluded, the court may imply a reasonable price, with the exception of land, and second-hand goods, which are unique. If there are uncertain or incomplete clauses in the contract, and all options in resolving its true meaning have failed, it may be possible to sever and void just those affected clauses if the contract includes

1016-696: A civil law legal system at independence or adopting civil and commercial codes based on German or French law. While jurisdictions such as Japan, South Korea, and the Republic of China modelled their contract law after the German pandectist tradition, the Arab world largely modelled its legal framework after the Napoleonic Code . While the Netherlands adopted a legal system based on the Napoleonic Code in

1143-491: A concrete deity or not" to which the individual feels impelled to respond with solemnity and gravity. Sociologist Émile Durkheim , in his seminal book The Elementary Forms of the Religious Life , defined religion as a "unified system of beliefs and practices relative to sacred things". By sacred things he meant things "set apart and forbidden—beliefs and practices which unite into one single moral community called

1270-569: A contract use technicalities to satisfy requirements while in fact circumventing them in practice. Typically, this is in the form of "peppercorn" consideration, i.e. consideration that is negligible but still satisfies the requirements of law. The doctrine of consideration has been expressly rejected by the UNIDROIT Principles of International Commercial Contracts on the grounds that it yields uncertainty and unnecessary litigation, thereby hindering international trade. Similarly,

1397-454: A contractual term will become a condition: A term is a condition (rather than an intermediate or innominate term, or a warranty), in any of the following five situations: (1) statute explicitly classifies the term in this way; (2) there is a binding judicial decision supporting this classification of a particular term as a "condition"; (3) a term is described in the contract as a "condition" and upon construction it has that technical meaning; (4)

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1524-493: A definition of religion. There are, however, two general definition systems: the sociological/functional and the phenomenological/philosophical. The concept of religion originated in the modern era in the West . Parallel concepts are not found in many current and past cultures; there is no equivalent term for religion in many languages. Scholars have found it difficult to develop a consistent definition, with some giving up on

1651-411: A mixture of Roman-Dutch law and English common law (e.g. South Africa and neighbouring countries). In common law jurisdictions, the formation of a contract generally requires an offer, acceptance , consideration , and mutual intent to be bound . The concept of contract law as a distinct area of law in common law jurisdictions originated with the now-defunct writ of assumpsit , which was originally

1778-436: A particular topic should be" (Bernard Crick). Political doctrine is based on a rationally elaborated set of values, which may precede the formation of a political identity per se . It is concerned with philosophical orientations on a meta-theoretical level. A legal doctrine is a body of interrelated rules (usually of common law and built over a long period of time) associated with a legal concept or principle. For example,

1905-451: A party. Remedies for breach of contract include damages (monetary compensation for loss) and, for serious breaches only, cancellation. Specific performance and injunction may also be available if damages are insufficient. In order for a legally enforceable contract to be formed, the parties must reach mutual assent (also called a meeting of the minds ). This is typically reached through an offer and an acceptance which does not vary

2032-406: A patient refuses to pay after being examined by a doctor, the patient has breached a contract implied in fact. A contract which is implied in law is sometimes called a quasi-contract . Such contracts are means for courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other. Quantum meruit claims are an example. Where something

2159-478: A pharmaceutical manufacturer, advertised a smoke ball that would, if sniffed "three times daily for two weeks", prevent users from catching the flu . If it failed to do so, the company promised to pay the user £ 100, adding that they had "deposited £1,000 in the Alliance Bank to show [their] sincerity in the matter". When the company was sued for the money, they argued the advert should not have been taken as

2286-530: A purported acceptance that varies the terms of an offer is not an acceptance but a counteroffer and hence a rejection of the original offer. The principle of offer and acceptance has been codified under the Indian Contract Act, 1872 . In determining if a meeting of the minds has occurred, the intention of contracting parties is interpreted objectively from the perspective of a reasonable person . The "objective" approach towards contractual intent

2413-438: A reasonable construction of the contract. In New South Wales, even if there is uncertainty or incompleteness in a contract, the contract may still be binding on the parties if there is a sufficiently certain and complete clause requiring the parties to undergo arbitration, negotiation or mediation. Courts may also look to external standards, which are either mentioned explicitly in the contract or implied by common practice in

2540-430: A serious, legally binding offer but a puff . The Court of Appeal held that it would appear to a reasonable man that Carbolic had made a serious offer and determined that the reward was a contractual promise. As decided in the case of Pharmaceutical Society of Great Britain v Boots Cash Cashiers , an offer that is made in response to an invitation to treat, without any negotiation or explicit modification of terms,

2667-443: A similar union between imperial law and universal or Buddha law, but these later became independent sources of power. Though traditions, sacred texts, and practices have existed throughout time, most cultures did not align with Western conceptions of religion since they did not separate everyday life from the sacred. In the 18th and 19th centuries, the terms Buddhism, Hinduism, Taoism, Confucianism, and world religions first entered

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2794-625: A statement of common contractual principles for arbitrators and judges to apply where national laws are lacking. Notably, the Principles reject the doctrine of consideration, arguing that elimination of the doctrine "bring[s] about greater certainty and reduce litigation" in international trade. The Principles also rejected the abstraction principle on the grounds that it and similar doctrines are "not easily compatible with modern business perceptions and practice". Contract law can be contrasted with tort law (also referred to in some jurisdictions as

2921-655: A subject of interest to philosophers and theologians. The word myth has several meanings: Ancient polytheistic religions, such as those of Greece, Rome , and Scandinavia , are usually categorized under the heading of mythology . Religions of pre-industrial peoples, or cultures in development, are similarly called myths in the anthropology of religion . The term myth can be used pejoratively by both religious and non-religious people. By defining another person's religious stories and beliefs as mythology, one implies that they are less real or true than one's own religious stories and beliefs. Joseph Campbell remarked, "Mythology

3048-455: A term is a condition is determined in part by the parties' intent. In a less technical sense, however, a condition is a generic term and a warranty is a promise. In specific circumstances these terms are used differently. For example, in English insurance law, violation of a "condition precedent" by an insured is a complete defence against the payment of claims. In general insurance law,

3175-486: A tort-based action (such as the tort of deceit ) if the misrepresentation is negligent or fraudulent. In U.S. law, the distinction between the two is somewhat unclear. Warranties are generally viewed as primarily contract-based legal action, while negligent or fraudulent misrepresentations are tort-based, but there is a confusing mix of case law in the United States. In modern English law, sellers often avoid using

3302-600: A transcendent deity and all else, between the creator and his creation, between God and man. The anthropologist Clifford Geertz defined religion as a: ... system of symbols which acts to establish powerful, pervasive, and long-lasting moods and motivations in men by formulating conceptions of a general order of existence and clothing these conceptions with such an aura of factuality that the moods and motivations seem uniquely realistic. Alluding perhaps to Tylor's "deeper motive", Geertz remarked that: ... we have very little idea of how, in empirical terms, this particular miracle

3429-488: A warranty is a promise that must be complied with. In product transactions, warranties promise that the product will continue to function for a certain period of time. In the United Kingdom, the courts determine whether a term is a condition or warranty, regardless of how or whether the term was classified in the contract. Statute may also declare a term or nature of term to be a condition or warranty. For example,

3556-450: A wide variety of academic disciplines, including theology , philosophy of religion , comparative religion , and social scientific studies. Theories of religion offer various explanations for its origins and workings, including the ontological foundations of religious being and belief. The term religion comes from both Old French and Anglo-Norman (1200s CE ) and means respect for sense of right, moral obligation, sanctity, what

3683-430: A wider class of persons. Research in business and management has also paid attention to the influence of contracts on relationship development and performance. Private international law is rooted in the principle that every jurisdiction has its own distinct contract law shaped by differences in public policy, judicial tradition, and the practices of local businesses. Consequently, while all systems of contract law serve

3810-563: A word or even a concept of religion in the original languages and neither did the people or the cultures in which these sacred texts were written. For example, there is no precise equivalent of religion in Hebrew, and Judaism does not distinguish clearly between religious, national, racial, or ethnic identities. One of its central concepts is halakha , meaning the walk or path sometimes translated as law, which guides religious practice and belief and many aspects of daily life. Even though

3937-409: Is "[a] policy, position or principle advocated, taught or put into effect concerning the acquisition and exercise of the power to govern or administrate in society." The term political doctrine is sometimes wrongly identified with political ideology. However, doctrine lacks the actional aspect of ideology. It is mainly a theoretical discourse, which "refers to a coherent sum of assertions regarding what

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4064-408: Is a "provision forming part of a contract". Each term gives rise to a contractual obligation, breach of which can give rise to litigation , although a contract may also state circumstances in which performance of an obligation may be excused. Not all terms are stated expressly, and terms carry different legal weight depending on how central they are to the objectives of the contract. Contracting

4191-453: Is a range of social - cultural systems , including designated behaviors and practices, morals , beliefs , worldviews , texts , sanctified places , prophecies , ethics , or organizations , that generally relate humanity to supernatural , transcendental , and spiritual elements —although there is no scholarly consensus over what precisely constitutes a religion. Different religions may or may not contain various elements ranging from

4318-436: Is a specific phase within procurement . It includes creating, negotiating, and managing contracts. Obligations created by contracts can generally be transferred, subject to requirements imposed by law. Laws regarding the modification of contracts or the assignment of rights under a contract are broadly similar across jurisdictions. In most jurisdictions, a contract may be modified by a subsequent contract or agreement between

4445-400: Is accomplished. We just know that it is done, annually, weekly, daily, for some people almost hourly; and we have an enormous ethnographic literature to demonstrate it. The theologian Antoine Vergote took the term supernatural simply to mean whatever transcends the powers of nature or human agency. He also emphasized the cultural reality of religion, which he defined as: ... the entirety of

4572-433: Is advertised in a newspaper or on a poster, the advertisement will not normally constitute an offer but will instead be an invitation to treat , an indication that one or both parties are prepared to negotiate a deal. An exception arises if the advertisement makes a unilateral promise, such as the offer of a reward, as in the case of Carlill v Carbolic Smoke Ball Co , decided in nineteenth-century England . The company,

4699-468: Is also the product of the dominant Western religious mode, what is called the Judeo-Christian climate or, more accurately, the theistic inheritance from Judaism, Christianity, and Islam. The theistic form of belief in this tradition, even when downgraded culturally, is formative of the dichotomous Western view of religion. That is, the basic structure of theism is essentially a distinction between

4826-502: Is based on the principle that agreements must be honoured . Like other areas of private law , contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed-law jurisdictions solely require

4953-520: Is derived from religare : re (meaning "again") + ligare ("bind" or "connect"), which was made prominent by St. Augustine following the interpretation given by Lactantius in Divinae institutiones , IV, 28. The medieval usage alternates with order in designating bonded communities like those of monastic orders : "we hear of the 'religion' of the Golden Fleece , of a knight 'of

5080-559: Is found in texts from the 17th century due to events such as the splitting of Christendom during the Protestant Reformation and globalization in the Age of Exploration , which involved contact with numerous foreign cultures with non-European languages. Some argue that regardless of its definition, it is not appropriate to apply the term religion to non-Western cultures, while some followers of various faiths rebuke using

5207-404: Is largely based on the writings of renaissance-era Dutch jurists and case law applying general principles of Roman law prior to the Netherlands' adoption of the Napoleonic Code. The UNIDROIT Principles of International Commercial Contracts , published in 2016, aim to provide a general harmonised framework for international contracts, independent of the divergences between national laws, as well as

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5334-437: Is often thought of as other people's religions, and religion can be defined as misinterpreted mythology." Contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties . A contract typically involves consent to transfer of goods , services , money , or promise to transfer any of those at a future date. The activities and intentions of

5461-605: Is part of the doctrine of frustration which is part of contract law . Doctrines can grow into a branch of law ; restitution is now considered a branch of law separate to contract and tort . The title of Doctor in fact means "one with the authority to establish doctrine in his or her respective field of study"; a doctorate is a terminal academic degree that legally confers said authority within its respective field. For more information, see Doctor (title) . Religion Antiquity Medieval Early modern Modern Iran India East-Asia Religion

5588-526: Is possible to understand why scientific findings and philosophical criticisms (e.g., those made by Richard Dawkins ) do not necessarily disturb its adherents. The origin of religious belief is an open question, with possible explanations including awareness of individual death, a sense of community, and dreams. Traditionally, faith , in addition to reason , has been considered a source of religious beliefs. The interplay between faith and reason, and their use as perceived support for religious beliefs, have been

5715-411: Is presumed to incorporate the terms of the invitation to treat. In contract law, consideration refers to something of value which is given in exchange for the fulfilment of a promise. In Dunlop v. Selfridge , Lord Dunedin described consideration "the price for which the promise of the other is bought". Consideration can take multiple forms and includes both benefits to the promisor and detriments to

5842-545: Is referred to as the rule in L'Estrange v Graucob or the "signature rule". This rule was approved by the High Court of Australia in Toll(FGCT) Pty Ltd v Alphapharm Pty Ltd . The rule typically binds a signatory to a contract regardless of whether they have actually read it, provided the document is contractual in nature. However, defences such as duress or unconscionability may enable the signer to avoid

5969-729: Is restricted on public policy grounds. Consequently, the validity and enforceability of a contract depends not only on whether a jurisdiction is a common, civil, or mixed law jurisdiction but also on the jurisdiction's particular policies regarding capacity. For instance, very small children may not be held to bargains they have made, on the assumption that they lack the maturity to understand what they are doing; errant employees or directors may be prevented from contracting for their company, because they have acted ultra vires (beyond their power). Another example might be people who are mentally incapacitated, either by disability or drunkenness. Specifics vary between jurisdictions, for example article 39 of

6096-471: Is sacred, reverence for the gods. It is ultimately derived from the Latin word religiō . According to Roman philosopher Cicero , religiō comes from relegere : re (meaning "again") + lego (meaning "read"), where lego is in the sense of "go over", "choose", or "consider carefully". Contrarily, some modern scholars such as Tom Harpur and Joseph Campbell have argued that religiō

6223-486: The Abrahamic religions Christianity, Islam, and Judaism , while others are arguably less so, in particular folk religions , indigenous religions , and some Eastern religions . A portion of the world's population are members of new religious movements . Scholars have indicated that global religiosity may be increasing due to religious countries having generally higher birth rates. The study of religion comprises

6350-707: The Egyptian Civil Code , modelled after the Napoleonic Code but containing provisions designed to fit Arab and Islamic society. The Egyptian Civil Code was subsequently used as a model for the majority of Arab states. In the 20th century, the growth of export trade led to countries adopting international conventions, such as the Hague-Visby Rules and the UN Convention on Contracts for the International Sale of Goods , bringing

6477-620: The European Union being an economic community with a range of trade rules, there continues to be no overarching "EU Law of Contract". In 2021, Mainland China adopted the Civil Code of the People's Republic of China , which codifies its contract law in book three. While generally classified as a civil law jurisdiction, contract law in mainland China has been influenced by a number of sources, including traditional Chinese views toward

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6604-654: The Law of Property Act 1925 ). Nonetheless, a valid contract may generally be made orally or even by conduct. An oral contract may also be called a parol contract or a verbal contract, with "verbal" meaning "spoken" rather than "in words", an established usage in British English with regards to contracts and agreements, and common although somewhat deprecated as "loose" in American English . An unwritten, unspoken contract, also known as "a contract implied by

6731-629: The Meiji Restoration , Japan adopted a series of legal codes modelled primarily on German law, adopting its commercial code in 1899. The Japanese adaptation of German civil law was spread to the Korean Peninsula and China as a result of Japanese occupation and influence, and continues to form the basis of the legal system in South Korea and the Republic of China. In 1949, Abd El-Razzak El-Sanhuri and Edouard Lambert drafted

6858-787: The Neolithic Revolution . A notable early modern development in contract law was the emergence of the hawala system in the Indian subcontinent and the Arab world , under which a series of contractual relationships formed the basis of an informal value transfer system spanning the Silk Road . In the Indian subcontinent, the hawala system gave rise to the hundi , a transferrable contract entitling its holder in due course to obtain money from its issuer or an agent thereof, giving rise to

6985-682: The Sale of Goods Act 1979 s15A provides that terms as to title, description, quality and sample are generally conditions . The United Kingdom has also developed the concept of an "intermediate term" (also called innominate terms), first established in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962]. Traditionally, while warranties are contractual promises which are enforced through legal action, regardless of materiality, intent, or reliance, representations are traditionally precontractual statements that allow for

7112-502: The United Nations Convention on Contracts for the International Sale of Goods does not require consideration for a contract to be valid, thereby excluding the doctrine with regard to contracts covered by the convention even in common law jurisdictions where it would otherwise apply. The continued existence of the doctrine in common law jurisdictions is controversial. Scots lawyer Harvey McGregor 's " Contract Code ",

7239-405: The divine , sacredness , faith , and a supernatural being or beings. The origin of religious belief is an open question, with possible explanations including awareness of individual death, a sense of community, and dreams. Religions have sacred histories , narratives , and mythologies , preserved in oral traditions, sacred texts , symbols , and holy places , that may attempt to explain

7366-561: The medieval period . In the Quran, the Arabic word din is often translated as religion in modern translations, but up to the mid-1600s translators expressed din as "law". The Sanskrit word dharma , sometimes translated as religion, also means law. Throughout classical South Asia , the study of law consisted of concepts such as penance through piety and ceremonial as well as practical traditions . Medieval Japan at first had

7493-574: The origin of life , the universe , and other phenomena. Religious practices may include rituals , sermons , commemoration or veneration (of deities or saints ), sacrifices , festivals , feasts , trances , initiations , matrimonial and funerary services, meditation , prayer , music , art , dance , or public service . There are an estimated 10,000 distinct religions worldwide, though nearly all of them have regionally based, relatively small followings. Four religions— Christianity , Islam , Hinduism , and Buddhism —account for over 77% of

7620-527: The religion of Avys '". In classic antiquity, religiō broadly meant conscientiousness , sense of right , moral obligation , or duty to anything. In the ancient and medieval world, the etymological Latin root religiō was understood as an individual virtue of worship in mundane contexts; never as doctrine , practice, or actual source of knowledge . In general, religiō referred to broad social obligations towards anything including family, neighbors, rulers, and even towards God . Religiō

7747-492: The 1500s to distinguish the domain of the church and the domain of civil authorities ; the Peace of Augsburg marks such instance, which has been described by Christian Reus-Smit as "the first step on the road toward a European system of sovereign states ." Roman general Julius Caesar used religiō to mean "obligation of an oath" when discussing captured soldiers making an oath to their captors. Roman naturalist Pliny

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7874-611: The Canadian province of Quebec are mixed law jurisdictions which primarily adhere to French legal tradition with regard to contract law and other principles of private law. Over the course of the nineteenth and twentieth century, the majority of jurisdictions in the Middle East and East Asia adopted civil law legal frameworks based on the Napoleonic, German, or Swiss model. The Napoleonic Code shapes contract law across much of

8001-528: The Elder used the term religiō to describe the apparent respect given by elephants to the night sky . Cicero used religiō as being related to cultum deorum (worship of the gods). In Ancient Greece , the Greek term threskeia ( θρησκεία ) was loosely translated into Latin as religiō in late antiquity . Threskeia was sparsely used in classical Greece but became more frequently used in

8128-460: The English language. Native Americans were also thought of as not having religions and also had no word for religion in their languages either. No one self-identified as a Hindu or Buddhist or other similar terms before the 1800s. "Hindu" has historically been used as a geographical, cultural, and later religious identifier for people indigenous to the Indian subcontinent . Throughout its long history, Japan had no concept of religion since there

8255-548: The Middle East, while contract law in Japan, South Korea, and the Republic of China is rooted in the German pandectist tradition. In 1926, Turkey replaced its Ottoman-era mixture of Islamic and secular laws with a secular civil code modelled after that of Switzerland , with its contract and commercial law modelled after the Swiss Code of Obligations , which was in turn influenced by German and French legal traditions. Following

8382-407: The United States requires a written contract for tangible product sales in excess of $ 500, and for real estate contracts to be written. If the contract is not required by law to be written, an oral contract is generally valid and legally binding. The United Kingdom has since replaced the original Statute of Frauds, but written contracts are still required for various circumstances such as land (through

8509-547: The West (or even in the West until after the Peace of Westphalia ). The MacMillan Encyclopedia of Religions states: The very attempt to define religion, to find some distinctive or possibly unique essence or set of qualities that distinguish the religious from the remainder of human life, is primarily a Western concern. The attempt is a natural consequence of the Western speculative, intellectualistic, and scientific disposition. It

8636-454: The acts of the parties", which can be legally implied either from the facts or as required in law . Implied-in-fact contracts are real contracts under which parties receive the "benefit of the bargain". However, contracts implied in law are also known as quasi-contracts, and the remedy is quantum meruit , the fair market value of goods or services rendered. In commercial agreements it is presumed that parties intend to be legally bound unless

8763-696: The area and the formation of the Rapid Deployment Force . The proclamation reinforced the previous Truman Doctrine and Eisenhower Doctrine and to some extent it rejected the Nixon Doctrine . See also Reagan Doctrine . In modern peacekeeping operations , which involve both civilian and military operations, more comprehensive (not just military) doctrines are now emerging such as the 2008 United Nations peacekeeping operations' "Capstone Doctrine" which speaks to integrated civilian and military operations. By definition, political doctrine

8890-489: The basis of public policy . For example, in the English case Balfour v. Balfour a husband agreed to give his wife £30 a month while he was away from home, but the court refused to enforce the agreement when the husband stopped paying. In contrast, in Merritt v Merritt the court enforced an agreement between an estranged couple because the circumstances suggested their agreement was intended to have legal consequences. If

9017-422: The belief in spiritual beings exists in all known societies. In his book The Varieties of Religious Experience , the psychologist William James defined religion as "the feelings, acts, and experiences of individual men in their solitude, so far as they apprehend themselves to stand in relation to whatever they may consider the divine". By the term divine James meant "any object that is god like , whether it be

9144-430: The beliefs and traditions of Judaism are found in the ancient world, ancient Jews saw Jewish identity as being about an ethnic or national identity and did not entail a compulsory belief system or regulated rituals. In the 1st century CE, Josephus had used the Greek term ioudaismos (Judaism) as an ethnic term and was not linked to modern abstract concepts of religion or a set of beliefs. The very concept of "Judaism"

9271-446: The boundary between tort and contract law somewhat uncertain. Contracts are widely used in commercial law , and for the most part form the legal foundation for transactions across the world. Common examples include contracts for the sale of services and goods, construction contracts , contracts of carriage , software licenses , employment contracts , insurance policies , sales or leases of land, among others. A contractual term

9398-499: The buyer explicitly expressed the importance of this requirement. The relative knowledge of the parties may also be a factor, as in English case of Bissett v Wilkinson , where the court did not find misrepresentation when a seller said that farmland being sold would carry 2000 sheep if worked by one team; the buyer was considered sufficiently knowledgeable to accept or reject the seller's opinion. According to Andrew Tettenborn et al , there are five differing circumstances under which

9525-409: The categorisation of contracts into bilateral and unilateral ones. For example, the High Court of Australia stated that the term unilateral contract is "unscientific and misleading". In certain circumstances, an implied contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly. For example, if

9652-608: The communication of supernatural beliefs, defining religion as: ... the communicated acceptance by individuals of another individual’s “supernatural” claim, a claim whose accuracy is not verifiable by the senses. Friedrich Schleiermacher in the late 18th century defined religion as das schlechthinnige Abhängigkeitsgefühl , commonly translated as "the feeling of absolute dependence". His contemporary Georg Wilhelm Friedrich Hegel disagreed thoroughly, defining religion as "the Divine Spirit becoming conscious of Himself through

9779-527: The contract itself, countries have rules to determine the law governing the contract and the jurisdiction for disputes. For example, European Union Member States apply Article 4 of the Rome I Regulation to decide the law governing the contract, and the Brussels I Regulation to decide jurisdiction. Contracts have existed since antiquity, forming the basis of trade since the dawn of commerce and sedentism during

9906-438: The crew were already contracted to sail the ship. The pre-existing duty rule also extends to general legal duties; for example, a promise to refrain from committing a tort or crime is not sufficient. Some jurisdictions have modified the English principle or adopted new ones. For example, in the Indian Contract Act, 1872 , past consideration constitutes valid consideration, and that consideration may be from any person even if not

10033-400: The doctrine of frustration of purpose now has many tests and rules applicable with regards to each other and can be contained within a "bubble" of frustration . In a court session a defendant may refer to the doctrine of justification. It can be seen that a branch of law contains various doctrines, which in turn contain various rules or tests . The test of non-occurrence of crucial event

10160-481: The early 19th century, Dutch colonies retained the precedent-based Roman-Dutch law . British colonies in Southern Africa adopted Roman-Dutch principles in areas of private law via reception statutes adopting South African law, retaining Roman-Dutch law for most matters of private law while applying English common law principles in most matters of public law . Saint Lucia , Mauritius , Seychelles , and

10287-551: The enunciation of several strategic doctrines designed to contain Soviet expansion. Carter Doctrine was announced in 1980 by American President Jimmy Carter after the Soviet invasion and occupation of Afghanistan. It declared that any Soviet aggression towards the Persian Gulf would be considered a danger to the essential interests of the United States. This led to the creation of significant American military installations in

10414-431: The extent of their enforceability as part of a contract. English common law distinguishes between important conditions and warranties , with a breach of a condition by one party allowing the other to repudiate and be discharged while a warranty allows for remedies and damages but not complete discharge. In modern United States law the distinction is less clear but warranties may be enforced more strictly. Whether or not

10541-450: The finite spirit." Edward Burnett Tylor defined religion in 1871 as "the belief in spiritual beings". He argued that narrowing the definition to mean the belief in a supreme deity or judgment after death or idolatry and so on, would exclude many peoples from the category of religious, and thus "has the fault of identifying religion rather with particular developments than with the deeper motive which underlies them". He also argued that

10668-542: The form of catechisms . Protestants generally reject Christian tradition and instead derive their doctrine solely from the Bible . According to sociologist Mervin Verbit , doctrine may be understood as one of the key components of religiosity . He divides doctrine into four categories: content, frequency (degree to which it may occupy the person's mind), intensity and centrality. Each of these may vary from one religion to

10795-508: The freedom of contract in order to prevent businesses from exploiting consumers. In 1993, Harvey McGregor , a British barrister and academic, produced a "Contract Code" under the auspices of the English and Scottish Law Commissions , which was a proposal to both unify and codify the contract laws of England and Scotland. This document was offered as a possible "Contract Code for Europe", but tensions between English and German jurists meant that this proposal has so far come to naught. In spite of

10922-534: The freedom of contract. For example, the Civil Rights Act of 1964 restricted private racial discrimination against African-Americans. The US Constitution contains a Contract Clause , but this has been interpreted as only restricting the retroactive impairment of contracts. In the late twentieth and early twenty-first century, consumer protection legislation, such as Singapore's Consumer Protection (Fair Trading) Act 2003, progressively imposed limits upon

11049-567: The full performance of an obligation. English courts have established that any intention to make the contract a "complete code", so as to exclude any option to resort to a common law or extra-contractual remedy, must be evidenced in "clear express words": otherwise a "presumption that each party to a contract is entitled to all remedies which arise by operation of law" will be honoured by the courts. Common law jurisdictions typically distinguish three different categories of contractual terms, conditions, warranties and intermediate terms, which vary in

11176-568: The general purpose of contract law is to enforce promises . Other approaches to contract theory are found in the writings of legal realists and critical legal studies theorists, which have propounded Marxist and feminist interpretations of contract. Attempts at understanding the overarching purpose and nature of contracting as a phenomenon have been made, notably relational contract theory . Additionally, certain academic conceptions of contracts focus on questions of transaction cost and ' efficient breach ' theory. Another important dimension of

11303-403: The guardian of a young girl took out a loan to educate her. After she was married, her husband promised to pay the debt but the loan was determined to be past consideration. In the early English case of Stilk v. Myrick [1809], a captain promised to divide the wages of two deserters among the remaining crew if they agreed to sail home short-handed; however, this promise was found unenforceable as

11430-482: The law of delicts), the other major area of the law of obligations. While tort law generally deals with private duties and obligations that exist by operation of law, and provide remedies for civil wrongs committed between individuals not in a pre-existing legal relationship , contract law provides for the creation and enforcement of duties and obligations through a prior agreement between parties. The emergence of quasi-contracts , quasi-torts , and quasi-delicts renders

11557-424: The linguistic expressions, emotions and, actions and signs that refer to a supernatural being or supernatural beings. Peter Mandaville and Paul James intended to get away from the modernist dualisms or dichotomous understandings of immanence/transcendence, spirituality/materialism, and sacredness/secularity. They define religion as: ... a relatively-bounded system of beliefs, symbols and practices that addresses

11684-604: The majority of English-speaking countries, the rules are derived from English contract law which emerged as a result of precedents established by various courts in England over the centuries. Meanwhile, civil law jurisdictions generally derive their contract law from Roman law , although there are differences between German contract law , legal systems inspired by the Napoleonic Code or the Civil Code of Lower Canada (e.g. Québec and Saint Lucia ), and jurisdictions following Roman-Dutch law (e.g. Indonesia and Suriname ) or

11811-593: The nature of existence, and in which communion with others and Otherness is lived as if it both takes in and spiritually transcends socially-grounded ontologies of time, space, embodiment and knowing. According to the MacMillan Encyclopedia of Religions , there is an experiential aspect to religion which can be found in almost every culture: ... almost every known culture [has] a depth dimension in cultural experiences ... toward some sort of ultimacy and transcendence that will provide norms and power for

11938-470: The next, within that religious tradition. In this sense, doctrine is similar to Charles Glock 's "belief" dimension of religiosity. The term also applies to the concept of an established procedure to execute an operation in warfare . The typical example is tactical doctrine in which a standard set of maneuvers, kinds of troops and weapons are employed as a default approach to a kind of attack. Examples of military doctrines include: The Cold War saw

12065-565: The obligation. Further, reasonable notice of a contract's terms must be given to the other party prior to their entry into the contract. Written contracts have typically been preferred in common law legal systems. In 1677 England passed the Statute of Frauds which influenced similar statute of frauds laws in the United States and other countries such as Australia. In general, the Uniform Commercial Code as adopted in

12192-405: The offer's terms, which is known as the " mirror image rule ". An offer is defined as a promise that is dependent on a certain act, promise, or forbearance given in exchange for the initial promise An acceptance is simply the assent of the other contracting party or parties to the terms stipulated in the contract. As an offer states the offeror's willingness to be bound to the terms proposed therein,

12319-450: The offeror. Consideration must be lawful for a contract to be binding. Applicable rules in determining if consideration is lawful exist both in case law and in the codes of some common law jurisdictions. The general principles of valid consideration in the common law tradition are that: The insufficiency of past consideration is related to the pre-existing duty rule . For example, in the early English case of Eastwood v. Kenyon [1840],

12446-554: The offeror. In a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally. The payment could be additionally conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the promisor is required to pay. On the other hand, advertisements which promise bargains are generally regarded not as offers for unilateral contracts but merely "invitations to treat". Some have criticised

12573-437: The other party to the contract. Contract theory is a large body of legal theory that addresses normative and conceptual questions in contract law. One of the most important questions asked in contract theory is why contracts are enforced. One prominent answer to this question focuses on the economic benefits of enforcing bargains. Another approach, associated with Charles Fried in his book Contract as Promise , maintains that

12700-414: The parties entering into a contract may be referred to as contracting . In the event of a breach of contract , the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission . A binding agreement between actors in international law is known as a treaty . Contract law, the field of the law of obligations concerned with contracts,

12827-491: The parties expressly state the opposite. For example, in Rose & Frank Co v JR Crompton & Bros Ltd , an agreement between two business parties was not enforced because an "honour clause" in the document stated "this is not a commercial or legal agreement, but is only a statement of the intention of the parties". In contrast, domestic and social agreements such as those between children and parents are typically unenforceable on

12954-493: The parties have explicitly agreed that breach of that term, no matter what the factual consequences, will entitle the innocent party to terminate the contract for breach; or (5) as a matter of general construction of the contract, the clause must be understood as intended to operate as a condition. In all systems of contract law, the capacity of a variety of natural or juristic persons to enter into contracts, enforce contractual obligations, or have contracts enforced against them

13081-525: The parties to modify the terms governing their obligations to each other. This is reflected in Article 3.1.2 of the Principles of International Commercial Contracts , which states that "a contract is concluded, modified or terminated by the mere agreement of the parties, without any further requirement". Assignments are typically subject to statutory restrictions, particularly with regard to the consent of

13208-428: The possibility of a definition. Others argue that regardless of its definition, it is not appropriate to apply it to non-Western cultures. An increasing number of scholars have expressed reservations about ever defining the essence of religion. They observe that the way the concept today is used is a particularly modern construct that would not have been understood through much of history and in many cultures outside

13335-517: The principle underlying contemporary negotiable instruments . The hawala system also influenced the development of agency in common law and in civil laws . In Roman law, agents could not act on behalf of other individuals in the formation of binding contracts. On the other hand, Islamic law accepted agency as permissible in not only contract law but in the law of obligations generally, an approach that has since become mainstream in common law, mixed law, and most civil law jurisdictions. Analogously,

13462-447: The promisee. The Indian Contract Act also codifies examples of when consideration is invalid, for example when it involves marriage or the provision of a public office. The primary criticism of the doctrine of consideration is that it is purely a formality that merely serves to complicate commerce and create legal uncertainty by opening up otherwise simple contracts to scrutiny as to whether the consideration purportedly tendered satisfies

13589-422: The promisee. Forbearance to act, for example, can constitute valid consideration, but only if a legal right is surrendered in the process. Common law jurisdictions require consideration for a simple contract to be binding, but allow contracts by deed to not require consideration. Similarly, under the Uniform Commercial Code , firm offers in most American jurisdictions are valid without consideration if signed by

13716-470: The requirements of the law. While the purpose of the doctrine was ostensibly to protect parties seeking to void oppressive contracts, this is currently accomplished through the use of a sophisticated variety of defences available to the party seeking to void a contract. In practice, the doctrine of consideration has resulted in a phenomenon similar to that of Ḥiyal in Islamic contracts, whereby parties to

13843-419: The rest of life. When more or less distinct patterns of behavior are built around this depth dimension in a culture, this structure constitutes religion in its historically recognizable form. Religion is the organization of life around the depth dimensions of experience—varied in form, completeness, and clarity in accordance with the environing culture. Anthropologists Lyle Steadman and Craig T. Palmer emphasized

13970-778: The role of law, the PRC's socialist background, the Japanese/German-based law of the Republic of China on Taiwan , and the English-based common law used in Hong Kong. Consequently, contract law in the Chinese mainland functions as a de facto mixed system. The 2021 civil code provides for the regulation of nominate contracts in a manner similar to that of jurisdictions such as Japan, Germany, France, and Québec. The rules governing contracts vary between jurisdictions. In

14097-438: The sale of a home, the buyer promises to pay the seller $ 200,000 in exchange for the seller's promise to deliver title to the property. Bilateral contracts commonly take place in the daily flow of commercial transactions. Less common are unilateral contracts, in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to

14224-432: The same overarching purpose of enabling the creation of legally enforceable obligations, they may contain significant differences. Accordingly, many contracts contain a choice of law clause and a forum selection clause to determine the jurisdiction whose system of contract law will govern the contract and the court or other forum in which disputes will be resolved, respectively. Failing express agreement on such matters in

14351-413: The term superstitio (which meant too much fear or anxiety or shame) to religiō at times. When religiō came into English around the 1200s as religion, it took the meaning of "life bound by monastic vows" or monastic orders. The compartmentalized concept of religion, where religious and worldly things were separated, was not used before the 1500s. The concept of religion was first used in

14478-561: The term "represents" in order to avoid claims under the Misrepresentation Act 1967 , while in America the use of "warrants and represents" is relatively common. English courts may weigh parties' emphasis in determining whether a non-contractual statement is enforceable as part of the contract. In the English case of Bannerman v White , the court upheld a rejection by a buyer of hops which had been treated with sulphur since

14605-447: The terms of a contract are so uncertain or incomplete as to elude reasonable interpretation, the parties cannot have reached an agreement in the eyes of the law. An agreement to agree does not constitute a contract, and an inability to agree on key issues, which may include such things as price or safety, may cause an entire contract to fail. However, a court will attempt to give effect to commercial contracts where possible, by construing

14732-401: The theoretical debate in contract is its place within, and relationship to a wider law of obligations . Obligations have traditionally been divided into contracts, which are voluntarily undertaken and owed to a specific person or persons, and obligations in tort which are based on the wrongful infliction of harm to certain protected interests, primarily imposed by the law, and typically owed to

14859-552: The transfer of debt , which was not accepted under Roman law, became widely practiced in medieval European commerce, owing largely to trade with the Muslim world during the Middle Ages. Since the nineteenth century, two distinct traditions of contract law emerged. Jurisdictions that were previously British colonies generally adopted English common law . Other jurisdictions largely adopted the civil law tradition, either inheriting

14986-732: The various legal traditions closer together. In the early 20th century, the United States underwent the " Lochner era ", in which the Supreme Court of the United States struck down economic regulations on the basis of freedom of contract and the Due Process Clause . These decisions were eventually overturned, and the Supreme Court established a deference to legislative statutes and regulations that restrict freedom of contract. The need to prevent discrimination and unfair business practices has placed additional restrictions on

15113-521: The word to describe their own belief system. The concept of "ancient religion" stems from modern interpretations of a range of practices that conform to a modern concept of religion, influenced by early modern and 19th century Christian discourse. The concept of religion was formed in the 16th and 17th centuries, despite the fact that ancient sacred texts like the Bible , the Quran , and others did not have

15240-502: The world's population, and 92% of the world either follows one of those four religions or identifies as nonreligious , meaning that the remaining 9,000+ faiths account for only 8% of the population combined. The religiously unaffiliated demographic includes those who do not identify with any particular religion, atheists , and agnostics , although many in the demographic still have various religious beliefs. Many world religions are also organized religions , most definitively including

15367-400: The writings of Josephus in the 1st century CE. It was used in mundane contexts and could mean multiple things from respectful fear to excessive or harmfully distracting practices of others, to cultic practices. It was often contrasted with the Greek word deisidaimonia , which meant too much fear. Religion is a modern concept. The concept was invented recently in the English language and

15494-439: The writings of, for example, Frederick Ferré who defined religion as "one's way of valuing most comprehensively and intensively". Similarly, for the theologian Paul Tillich , faith is "the state of being ultimately concerned", which "is itself religion. Religion is the substance, the ground, and the depth of man's spiritual life." When religion is seen in terms of sacred, divine, intensive valuing, or ultimate concern, then it

15621-399: Was first used in the English case of Smith v Hughes in 1871. Where an offer specifies a particular mode of acceptance, only acceptance communicated via that method will be valid. Contracts may be bilateral or unilateral . A bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for

15748-555: Was invented by the Christian Church , and it was in the 19th century that Jews began to see their ancestral culture as a religion analogous to Christianity. The Greek word threskeia , which was used by Greek writers such as Herodotus and Josephus, is found in the New Testament . Threskeia is sometimes translated as "religion" in today's translations, but the term was understood as generic "worship" well into

15875-434: Was most often used by the ancient Romans not in the context of a relation towards gods, but as a range of general emotions which arose from heightened attention in any mundane context such as hesitation , caution, anxiety , or fear , as well as feelings of being bound, restricted, or inhibited. The term was also closely related to other terms like scrupulus (which meant "very precisely"), and some Roman authors related

16002-524: Was no corresponding Japanese word, nor anything close to its meaning, but when American warships appeared off the coast of Japan in 1853 and forced the Japanese government to sign treaties demanding, among other things, freedom of religion, the country had to contend with this idea. According to the philologist Max Müller in the 19th century, the root of the English word religion, the Latin religiō ,

16129-424: Was originally used to mean only reverence for God or the gods, careful pondering of divine things, piety (which Cicero further derived to mean diligence). Müller characterized many other cultures around the world, including Egypt, Persia, and India, as having a similar power structure at this point in history. What is called ancient religion today, they would have only called law. Scholars have failed to agree on

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