Common Eland

Recently, news emerged that John Horner, a father of three, received the minimum sentence of 25 years in prison for illegally selling $1,800 worth of painkillers to a friend. This is an example of how minimum sentencing causes people to be punished disproportionately to their crimes. Aristotle would call this an inequity our justice system. He defines equity as a “rectification of the law where the law falls short by reason of its universality.” However, minimum sentencing does not allow room…

STATES In United States the invitation to treat is known as invitation to bargain. Invitation to bargain in the US also same as invitation to treat in UK, because the primary sources of the US law is from English common law, case law, statutes and the constitution. Therefore, the English common law was used as foundation of the US law. The UK and US lawyers break down the procedure of contract information into three steps, which are invitation to treat (invitation to bargain in US), offer, and…

Essay # 1 – Palsgraf v. Long Island R.R. Co. In this essay, I argue against Cardoza’s ruling in the case of Palsgraf v. Long Island R.R. Co. I disagree that the original judgment finding the Railroad Company negligent should have be overturned. I begin with a summary of the case. I will then explain both Cardoza’s and Andrew’s views with reference to negligence and duty of care, which are most relevant in this case. I will explain why Cardoza’s decision may be considered incorrect or…

In principle, Andorra is about anti-Semitism and its significances. All the events happen in a state called Andorra. This is not the territory of Andorra, which is a small country in Europe but a made-up country that is a symbolic value for any land. This is to highlight that what occurs here could materialise in any country, period or culture. The central character is a young male called Andri, who resides with The Teacher (majority of the minor characters in the play have no name but are…

1. From the perspective of a college or university, is there a difference between internal law and external law? What are the kinds of sources of law of each kind? Discuss. In examining whether there is a difference between internal and external law in relation to colleges and universities one must take note of the system of governance as it relates to institutions of higher education. Internal laws within higher educational institutions stem from internal governance structures or entities…

Introduction Negligence by definition can be described as an act of carelessness dictated by the law for the protection of other people against foreseeable risk of harm that may occur from the act. A person can be held responsible for negligence when they have acted carelessly outside of a reasonable man conduct. This assignment is designed with aims to explain the circumstances and elements of how a negligent may be established, the consequences of decisions using relevant cases to highlight…

PHILOSOPHICAL ANTHROPOLOGY: HUMAN SENSES, APPETITES AND AFFECTIVITY GROUP 4: MONK & Co. ADVOCATES Jonathan Obwaya 084522 Shelmith Kuria 083671 Gilbert Macharia 083701 Rose Mburu 083688 Patience Maingi 081322 Aziza Mwendwa 082731 Sharon Mutono 083881 Lauriene Maingi 084040 Explain how knowledge of human senses, appetites, and affectivity can be used in Law and other fields that relate to Law. This paper delves into the human senses, our appetites and affectivity, from a…

Assignment 1 Contract Problem Case Study Introduction The contract is a voidable contract. It is an express and implied understanding that the agreement was legally binding, meaning that, it would be enforceable by the courts if the parties took legal action to resolve the dispute between them. This case is a contract case since both parties have come up with the business agreement. That is, LNPL will provide service to Mr Garae and Mr Garae in return will pay for this service offer. Mr Garae…

The overlapping doctrines of maintenance and champerty have long been regarded as cornerstones of the common law, particularly in Ireland. While these doctrines overlap to some degree Matthew Dutton, a justice of the peace in Dublin writing in 1721, stated the difference between these two doctrines as follows: “My Lord Coke tells us, that Champerty is Maintenance, but not é converso;1 so that the Difference between these Offences seems to be thus: Champerty, is where the Party prosecuting is to…

The Common Law tradition is a uniform set of rules applied to a country as a whole. Founded in the Kings courts in England 1066 by William the Conqueror and his successors these rules unified a country according to the crimes committed; before this, disputes were settled according to traditions depending on the region lived. (Miller, R. 2013) According to Roger Miller, author of Fundamentals of Business Law, common law is a body of general rules that applied throughout the entire English realm…