Common Ground

to avoid inconsistency. In Stilk v Myrick, there was no consideration for the ulterior pay promised because the sailors had to perform their job “under all the emergencies of the voyage.” This case was also judged based on a strong public policy ground to “protect the master and owners of a ship from being held to ransom by disaffected…

came in 1166 that transformed the English law. As trial jury was a way where evidence and inspection came before the punishment. Inquiry was my under oath by freemen. This shaped the new way of law in England. This act would be eventually known as common law. Why did Henry need a new way of dealing with crime? The Assize addressed many problems. When Henry II inherited the throne, he had to find a way to run the troubled kingdom. The Crusades were happening at the time Henry II took over. The…

number of situations, injuries resulting from school laboratory or technical activities are especially prominent due to the nature of those classes and the dangerous chemicals, technologies, and tools in use. Most educators would like to believe that common sense and good judgment would keep them clear of a lawsuit, but in today’s litigious society, it is well known that anyone can be sued. Because of this fact, it has become imperative that professional…

Elements of Battery The law of torts is the compensation of losses suffered by private individuals in their legally protected interest through socially unreasonable conduct. Moreover, the law of torts seeks to protect bodily integrity and is actionable per se. Consider the following case of Moon v. Whitehead, the legal issue considered was consent in the tort of battery. Ms. Whitehead the respondent, plead that she retired to bed in an apartment she and the appellant were sharing in Sydney for…

They ought to blame themselves or their predecessors in their judicial seats.’ Introduction There seem to be two main characters at the start . As such, it is apposite that I briefly outline how the role of draughtsmen and judges interplay in the common law system. Essentially, draughtsmen drafts statutes according to the purpose of parliament and judges interpret the statutes and apply it to the case before them. I will explore each of their roles in greater depth when I arrive at their…

Introduction “Every human being of adult years and sound mind has a right to determine what shall be done with his own body” 1 Cardozo J in Schloendorff v Society of New York Hospital “It would be unrealistic to suppose the principle here affirmed will not over time be the subject of incremental and analogical development. At the very least this case shows that where justice and policy demand it a modification of causation principles is not beyond the wit of a modern court.…

Defence refers to the case presented by or on behalf of the party accused of a crime or being sued in a civil lawsuit. Here the focus is insanity and automatism which are common law defences and mental defences for those who suffered mental illness when committing the prohibited act. When defendant lack of certain capacities and controls when doing an act, criminal responsibilities may be exempted. Insanity, known as insane automatism, which refers specifically to conditions that impair one's…

The advantages are certainty, practicality and flexibility. Certainty is one of the greatest advantages of the doctrine. The people can aim their actions with faith with the results in greater certainty. For the practicality, the law evolved was ground on reality instead of theoretical conditions. With there is still an adaptability that the judges can prevent from following previous cases if it had been settled incaution or by distinguishing precedents while the higher courts restrict the lower…

UNIFORM CIVIL CODE 1. INTRODUCTION The Uniform Civil Code is the code which arches over the Civil Law Code and administers the secular Civil Law rules to govern all people irrespective of their gender, caste, religion and tribe. The Uniform Civil Code mainly deals with issues related to acquisition and administration of property, marriage, divorce and adoption. An attempt to establish a Uniform Civil Code has also been made in the Directive Principles of State Policy of the Constitution of India…

Asees Puri Professor Malvika Maheshwari Introduction to Political Theory 27th April, 2015 Is the conception of Desert (in contemporary Liberal theory) asymmetrical in the contexts of Distributive and Retributive Justice, especially Criminal Law, keeping in mind the perspective of Rawls? One can argue that the nature of Criminal Law is such that it is usually seen as a ‘state institution in charge of state punishment’ – its scope, apparatus and effects are determined by the principles of…