MR Dragon,
naomba unisaidie hili swali
According to proessor issa G Shivji;
''...the fact that constitution is a contract between majority(ruled) and the rulers (majority) is not correct either historically or legally,for there is no practical evidence that the ruled once sited together and negotiate acontract called constitution with the rulers....''
a)Argue for or against the cited quotation
b)explain whether Social Contranct has similar elements of contract listed there to under the Law oContract Act,Cap345 of the law of Tanzania.
Mkuu,
Hili swali kwanza jibu lake lina ambatana na case na principal/theory nyingi sana (Ningeshauri ARGUE FOR, usi argue against maana hoja zake utazidi kuzufanya ngumu)
Point za kuangalia, KIPENGELE "A"
1) Definition of Contract (a legal agreement between two or more parties, which is enforced by law. In any contract there is "OFFER" and "ACCEPTANCE OF OFFER") ****VERSUS*** Definition of Constituion (A mother of law, any law which is against the constituion is not binding/void/voidable)
*** In short, contract is an agreement, constitution is a law.
Point za kuangalia, KIPENGELE "B"
Kuna aina mbili za contracts,
1) Unilateral Contacts.
2) Bilateral Contract**
Katika BILATERAL CONTRACT kuna "OFFER AT PUBLIC, TO ENTER IN A CONTRACT"
Aina hii ya offer, mfano mtu ana tangaza biashara, hamjui "ATAKAE ACCEPT OFFER HII", na yoyote atakae kubali huko aliko atakua ameingia katika binding nature ya contract. (Contract to the public)
Hio ni structure, ila fanya research vizuri.
Nimeandika kwa haraka haraka hapo.