The commons

Common Law, originally from England, is one the three main legal systems which are used worldwide. It is based on customs and norms of society as well as legislative enactments. The hierarchy of the courts is particularly important to the doctrine of binding precedents that showcases various advantages and disadvantages in common law. Common law is much dependent on the doctrine of binding precedent. The term precedents refers to previously decided cases (Abbot,Pendleburry & Wardman, 2002) The…

The tragedy of the commons is about how shared resources are easily overused and depleted because there is no sense of ownership or responsibility associated with the resource. As people don’t associate it as their own they typically will not think about protecting it, replenishing it, or taking responsibility for it. It is rooted by individual, selfish actions that alone might not have an impact, but as it is a shared space, repeated actions will thereby have a large impact. Common examples of…

• Common law duty of confidence Common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges. It is also referred to as †̃judge-madeâ€TM or case law. The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information providerâ€TMs consent. In practice, this means that all information…

To understand about the issue of fusion between Common Law and Equity it is very important to look back at the history of equity, where common law is widely discuss and debates, the same should also apply to equity. At the early stage of equity it seems that common law and equity principle are very differ in principles where the common law seek justice through precedents, equity thrive by its own set of principles, one of its principle is to judge a case by case basis. Based on English law…

advising Eric on certain ways to severe the property and explaining the differences between joint tenancy and tenancy in common. I will be using relevant case law and statues to prove my advisory. Starting off, when Tom died he left his property Mason Towers off to his 5 children, assuming this is after the 1926 the children will be held as joint tenants instead of tenants in common. However, in the law it states that there can only be a maximum of 4 joint tenants, so the first four listed…

using this rule is to identify the mischief and defect in statute and want to implement the remedy for the people involved under the law . Mischief rule is the most flexible rule of interpretation of any act yet it is restricted to use the previous common law to determine the mischief in act. In the Heydon’s case, a religious…

an agreement as designated under the contract terms. In most contracts, these clauses can be found at the end. While the contract clause can be in many different forms and aimed at many different issues, there are common clauses or provisions often seen in California contracts. Common Provisions in California Contracts: Choice of Law/Forum Clause: in which the parties involved agree to contract terms being interpreted…

Common law it represents the whole of the United Kingdoms legal systems , which is made by judicial decisions in court, English law is based on common law,for instance common law was initially developed from case law based systems Common law is legal precedent that is made by judges sitting in court. Unlike statutory provisions, which are laws that are Acts of Parliament, the common law system is ever changing. Trial by jury would be a characteristic of common law, for example, the judicial…

Question #1 William F Lloyd’s idea of the tragedy of the commons and the sociological imagination as presented by C. Wright Mills are two separate non-related entities on the surface. The first is an economic theory outlining how an unregulated shared resource system can lead to a common good being depleted. The latter concept is used to relate everyday life to the larger society. On a superficial level, these two concepts relate in that economics describes the controlling factors in society…

The common law and civil law legal systems have been described as two of the major legal systems of the world. What are the main distinguishing features? Are these differences of any significant importance to the Ghanaian legal system? Your answer should not be more than 1200 words. With no doubt it is widely known that Common legal system and civil legal system are the two major legal systems in the world. Most of the countries in the world practice either one of them that is not to…