Questions and Answers
What is the primary purpose of the first argument?
The sanction for breaching a rule is always severe.
False
What is the purpose of the rule requiring a written promise to be under seal and with consideration?
To make the promise legally binding.
A will without two witnesses will be ______________________.
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Match the following scenarios with their corresponding purposes:
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What is the analogy drawn in the text to explain the rule providing that a will without two witnesses will be inoperative?
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Study Notes
Coercive Orders and Sanctions
- The fundamental identity between coercive orders and rules is highlighted by the concept of "nullity", which occurs when essential conditions for exercising power are not fulfilled.
- This "nullity" is similar to the punishment attached to criminal law, where a threatened evil or sanction is exacted by law for breach of the rule.
- The sanction may only amount to a slight inconvenience in certain cases.
Enforcing Contracts and Wills
- A promise made to someone without consideration and not under seal is legally a nullity, and cannot be enforced by law.
- The rule requiring a written promise to be under seal and backed by consideration is seen as a coercive order, motivating people to comply.
- Similarly, the requirement of two witnesses for a will to be operative (as per s. 9 of the Wills Act) is a coercive order, motivating testators to comply, just as the threat of imprisonment motivates obedience to the criminal law.
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Description
This quiz explores the concept of coercive orders and sanctions in the context of rules and laws, including the enforcement of contracts and wills. It delves into the idea of 'nullity' and the role of punishment in upholding legal agreements.
