Common descent

In order to understand the relationship between international humanitarian law and international human rights law, the foundation, development and overall intention of these separate sets of laws must be explored. International Humanitarian Law or IHL, is a set of international rules that has been established by treaties or customs for the intention of solving the humanitarian problems that arise directly from international or non-international armed conflicts. This universal body of law began…

The concept of ‘law’ has proven itself a tricky one to articulate. Despite its relevance within society, it is hard to condense the idea of law down to its core tenets. In their quest for a concise definition, legal theorists have approached law from different angles, and have tended to divide themselves into two groups – those who believe that any summation of law must include reference to morality, and those who believe that the idea of law either can or must be completely distinguished from…

James, Adjou, Sylvia, Bob and Tim (represented by Ian) require identifying and advice as to the applicability of relevant contract and tort/delict principles to the current scenario presented in the problem question. Before proceeding with advising the individual’s, we need to check the validity of the contract and to establish the note displayed on the car windscreen is “Invitation to Treat” (or) “Offer”. The difference between the two is significant and need to be specifically identify, as…

company and refused to pay the electricity bill. ECJ response: Mr Costa could challenge incompatibility of Italian law with the EU law and that the Italian law cannot have priority over the EU law. Integration through law: -2 visions: development of common trade and technologies versus the role of national governments -ECJ is an autonomous judicial organ and has a dynamics on its own Treaty of Rome envisaged: - Elimination of discrimination – negative integration, until SEA in 1986 - Easier…

Sea crash it was felt that concentration of economic power was very dangerous, thus in order to limit the scope of business so that no one company would have monopoly this doctrine was developed. It was keeping these reasons in mind that the common law Doctrine of Ultra Vires was developed by the courts over a period of time. Part II of the paper discusses this development in context of India and UK. Part III deals with how in face of changing situation this doctrine eroded in UK and was…

liability from the perspective of the employer as he or she can be held liable for a crime in regards to which he or she does not have fault if their employee has fault in regards the prohibited act committed within the scope of their employment. The common law position of criminal law does not recognize the general principle of vicarious liability as a person cannot be held liable for a crime committed by another unless they are a participant or were involved in the authorization or…

Lord Sumption states that lifting the corporate veil is a convenient expression that the courts have granted rights to disregard separate legal personality of incorporation from its controllers (Lexis, 2013). With the increasingly adoption of the form of corporation, there may be some issues about the abuse of the principle (Dignam & Lowry, 2012). This essay will firstly explain part of the statements of Lord Sumption in Prest v Petrol and then providing arguments for and against them based on…

Rules and Regulations Distinguished The terms “rules” and “regulations” are often used in the same parlance and are closely-related; but these terms are relatively different in nature. (Subhi, 2015) Rules can be described as the guidelines or instructions of doing something correctly. These are the principles that govern the conduct or behavior or a person in an organization or country. The rules are the standard set of instructions made for people, which explains that how things are to be done…

The following case was originally dealt with by a deciding officer, and then the appellant appealed to the Chief Appeals Officer, the decision of the Chief Appeals Officer was appealed in the High Court, but was later dismissed by the Supreme Court. The case was in relation to an area of employment law, which concerns itself with the contract of an employee. The question in hand was whether the demonstrator, Sandra Mahon was employed under a contract of service or rather a contract for…

In chapter one of Carl Schmitt’s text, Political Theology, Schmitt defines what exactly is sovereignty as he who decides an exception and the measures taken to eliminate such an exception. He furthers this by emphasizing the importance of the very principle of exception and making a distinction between the exception and the norm. In chapter two, Schmitt explores the meaning of sovereignty and its relation to law and state. He utilizes various liberal theories by disproving them in order to…