Common Ground

resulting in personal injury or harm that constitutes grounds for a law suit.Thus, tort law addresses conflicts between conflicts between private individuals or entities According to Prof.Winfeild ,Tortuous liability arises from breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages Sir John Salmond defines Tort as a civil wrong for which the remedy is common law action for unliquidated damages and…

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…

The courts then formed a test called the test of proportionality. This test was originally created by Lord Hope in the case of Kebeline but it was amplified in Lambert and was explained further in Brown v Scott . The test holds three limbs which are, what the prosecution must prove in order for the burden to shift to the accused, what is the burden of the accused and what is the nature of the threat to society which the Act in question is trying to prevent. If the reverse burden given to the…

“I am Zitti”: An Autobiography “A primate is a member of a mammal order that includes apes, monkeys, tarsiers and lemurs, the closest relative of humans because they share a common evolutionary descent” (Burnie,2008, para. 1). There are many species of primates, one is apes and the largest of them is Gorilla (Vedder, 2008). My name is Zitti. I am a biologically female Cross river gorilla a subspecies of Western Gorilla (World Wildlife Fund, 2014). Others call me by my scientific name of…

Introduction Doctrine of promissory estoppel is deemed as an exception to the general principle that a promise may only be enforced if it is supported by good consideration. The doctrine of promissory estoppel was first established in the case of CLP v Trees. Even though promissory estoppel is seen an advantage, it does consist some flaws that can have repercussion due to its inconsistency. However it does help weaker parties in legal matters where the doctrine of consideration neglects those…

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…

As per paper presented by Warren Spencer at Texas City Attorney’s Association Semi Annual Meeting June 13-15, 2007, the costs associated with handling civil liability lawsuits are considerable. False arrest, unlawful detention, excessive force, assault & battery, unlawful search, unlawful seizure, inadequate supervision, improper strip searches, and inadequate training of staff associated with criminal justice are some of the possible causes of such liability . Often we read news reports…

system of England and Wales as we know today has emerged through the evolution of society and culturization. A demonstration of how drastically the system has changed, is that since the nineteenth century, there were particular courts for equity and common law. Forward to present day, the structure of higher courts were set by the ‘Supreme Court of Judicature Acts 1873 and 1875. In detail, the earliest courts are known as magistrate courts, with the newest court forged in 2009, known as the…

When applying the law to the facts of a particular case. The three common forms of reasoning are deductive reasoning, Linear reasoning, and Reasoning by analogy. Deductive reasoning: Deductive reasoning is a logical process in which a conclusion is based on the concordance of multiple grounds that are generally assumed to be true. Deductive reasoning is sometimes referred to as top-down logic. Its equivalent, inductive reasoning…

The common law right of a presumption of innocence is argued to be threatened by the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 as the bill keeps track of the metadata of all citizens, whether or not they are the suspects…