Questions and Answers
What is the primary focus of the first argument in relation to rules and power?
The fundamental identity of the two sorts of rule and their coercive nature.
What is the consequence when an essential condition for exercising power is not fulfilled?
A nullity, or a threatened evil or sanction, is exacted by law for breach of the rule.
Why is a written promise without a seal and consideration legally a nullity?
Because it does not meet the essential conditions for its enforcement as a contractually binding promise.
What is the purpose of the rule requiring two witnesses for a will to be operative?
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How does the threat of punishment influence individuals in relation to the criminal law and the rules governing wills?
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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 fundamental identity of two types of rules, exhibiting both as coercive orders, and discusses the concept of nullity when essential conditions are not fulfilled.
