Common cold

inflexibility of the rules and procedures of common law courts. Therefore, equity created new remedies. If the Chancellor was convinced that a person had suffered a wrong, the court would grant a remedy. To be precise, they would devise some way to ensure that something was done to put right the wrong that had been done to the person (Genn 2014, p. 22). In this way, equity created new remedies that were not available in the common law courts. At common law, the main remedy that a person could…

The Geneva Protocol (Articles 2) dealt with the arbitral procedure and provided for the procedure, including the constitution of the Arbitration Tribunal, to be governed by the will of the parties and by the law of the country in whose territory the arbitration takes places. The Geneva protocol required each contracting state to .undertake to ensure the execution by its authorities and its accordance with the .provisions of its national laws of arbitral awards made in its own territory two…

necessary for an enforceable contract? The four required elements of an enforceable contract are agreement, consideration, contractual capacity, and lawful object (Goldman and Cheeseman 493, 495, 496). 4. Describe the common law of contracts. Describe the Universal Commercial Code. The common law of contracts is contract law that is developed primarily by a state court (Goldman and Cheeseman 490). The Universal Commercial Code is a comprehensive statutory scheme that consists of laws covering…

Judicial discretion refers to the powers conferred to a judge in the legal system of a given country to determine the direction of a matter presented to them without the interference of preceding or strict regulations that are established by statutes (Bushway et al. 2012). Judicial discretion is assigned by the legal apparatus within a given jurisdiction, meaning that court decisions may be subject to contest through the utilization of higher powers. Judges are supposed to practice the…

Understanding the principles of Locus Standi. Is there any longer need to keep the principle of Locus Standi in the English Law? Under the Civil Procedure Rules, an application for Judicial review will only be admissible if permission or leave for Judicial Review is obtained from the High Court and Locus Standi also known as legal standing is one of the conditions to be satisfied to obtain leave for Judicial Review in English Administrative Law. The recommendation by the Law Commission was…

Introduction In order to establish criminal liability, the actus reus must generally be proved. The actus reus of an offence are comprised with the prohibited conduct, the relevant circumstances, the consequence and causation. Causation is one of the four elements of actus reus. Causation in the criminal context is concerned with the legal attribution of criminal responsibility for consequences. Homicide is a result crime in the sense that the defendant must be proved to have caused the…

Freddie is the settlor who made his own will and appointed Chloe, as the sole trustee of his will. It is crucial to define what a trust is. “A trust is a relationship which arises when property is vested in a person/s called the trustees, which those trustees are obliged to hold for the benefit of other persons called the beneficiaries” There are two kinds of trusts. i) Fixed trust- the interest of the beneficiary is fixed and clearly identifiable. ii) Discretionary trust- the trustee has…

The law has progressed throughout the years regarding liability for harm caused by negligent misstatements. Negligent misstatements occur when a pursuer relies upon a statement given by the defendant which, in turn, causes loss to the pursuer. Until the case of Hedley Byrne v Heller, the courts did not usually impose liability regarding negligent misstatements on the grounds of policy. Before the case of Hedley Byrne v Heller, the idea that one party owed another a duty of care regarding…

Jeremy Bentham is considered the father of militarism because he’s the one who gives a name and brings it together and consolidates it in a systematic way. Bentham himself, his primary interest was in forming the British legal system because they have a lot of punishment that should fit the crime. There were a lot of punishment that did not fit the crime, they were very arbitrarily applied or they were too severe they didn’t pay off in good consequences. That’s when he taught utilitarianism is a…

Introduction There are two issues on which Stephanie requires advice - whether the barge is a chattel or a fixture and whether there is a valid contract in place between herself and Wangle. If the barge has become a fixture of the land and the contract meets all the necessary formalities, then Stephanie may have a legal right to the barge and may have a cause of action against Wangle if he refuses to go through with the transaction. Distinguishing between Chattels and Fixtures The Law of…