Tag Archives: void orders

Court Staff, Police Constables, Solicitors & Barristers

Breach Of The Peace

One of the actual parts of the Oath of Office for the British Bobby.

As we are concerned with England and Wales on this site, here is an extract of the Police Constables Oath

England and Wales

Territorial police constables

The 43 territorial police forces in England and Wales are responsible for general policing. Members of the police forces are attested under section 29 of the Police Act 1996.[1] The prescribed form of words is that given by schedule 4 to the Act (inserted by section 83 of the Police Reform Act 2002[2]), as follows:

English

I, … of … do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.

Welsh

Rwyf i…o…yn datgan ac yn cadarnhau yn ddifrifol ac yn ddiffuant y byddaf yn gwasanaethu’r Frenhines yn dda ac yn gywir yn fy swydd o heddwas (heddferch), yn deg, yn onest, yn ddiwyd ac yn ddiduedd, gan gynnal hawliau dynol sylfaenol a chan roddi’r un parch i bob person; ac y byddaf i, hyd eithaf fy ngallu, yn achosi i’r heddwch gael ei gadw a’i ddiogelu ac yn atal pob trosedd yn erbyn pobl ac eiddo; a thra byddaf yn parhau i ddal y swydd ddywededig y byddaf i, hyd eithaf fy sgil a’m gwybodaeth, yn cyflawni’r holl ddyletswyddau sy’n gysylltiedig â hi yn ffyddlon yn unol â’r gyfraith.

So what actually is a “Breach of the Peace”?

Its important that we have this issue entirely correct with case law and any other evidence and facts to ensure that the People of this Land have access to the same information as a Police Constable.

Any information that you may have please let us have the links so this info can be placed up here

Definitions

Void Vs Voidable

What Are the Differences Between,

A Void Contract and a Voidable Contract?

When dealing with contracts, the terms “void” and “voidable” are often confused. Even though these two contract types seem similar, they are actually completely different.

A contract that is “void” cannot be enforced by either party., The law treats a void contract as if it had never been formed. A contract will be considered void, for example, when it requires one party to perform an act that is impossible or illegal.

A “voidable” contract, on the other hand, is a valid contract and can be enforced. Usually only one party is bound to the contract terms in a voidable contract. The unbound party is allowed to cancel the contract, which makes the contract void.

The main difference between the two is that a void contract cannot be performed under the law, while a voidable contract can still be performed, although the unbound party to the contract can choose to void it before the other party performs.

What Are Some Examples of Void and Voidable Contracts?

Void contracts are unenforceable by law. Even if one party breaches the agreement, you cannot recover anything because essentially there was no valid contract. Some examples of void contracts include:

  • Contracts involving an illegal subject matter such as gambling, prostitution, or committing a crime.
  • Contracts entered into by someone not mentally competent (mental illness or minors).
  • Contracts that require performing something impossible or depends on an impossible event happening.
  • Contracts that are against public policy because they are too unfair.
  • Contracts that restrain certain activities (right to choose who to marry, restraining legal proceedings, the right to work for a living, etc.).

Voidable contracts are valid agreements, but one or both of the parties to the contract can void the contract at any time. As a result, you may not be able to enforce a voidable contract:

  • Contracts entered into when one party was a minor. (The law often treats minors as though they do not have the capacity to enter a contract. As a result, a minor can walk away from a contract at any time.)
  • Contracts where one party was forced or tricked into entering it.
  • Contracts entered when one party was incapacitated (drunk, insane, delusional).

http://www.legalmatch.com/law-library/article/void-vs-voidable-contract-lawyers.html

 

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