The commons

physical nature such as a criminal attack.” Therefore, Slep’s death may be considered a wrongful death. In 1846, Lord Campbell’s Act passed in England which allowed loved ones to recovery who lost relatives to tortious acts. Through the evolution of common law Lord Campbell’s act has evolved into wrongful death survival and wrongful death actions. Survival actions like Lord Campbell’s Act ensure the injured parties claim survives his death. However, if the deceased expired due to a tortious…

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…

Lord Diplock defined the ground illegality as the requirement for decision makers to understand the law that regulates their decision-making power and give its effect . Nevertheless, a decision can be held as illegal for different reasons. In the case Wheeler v Leicester City Council , the city council used their statutory powers to punish the rugby club for refusing to follow the council’s own views on the South African rugby boycott . In favour of the Club, House of Lords upheld that the…

Established in 1923, ALI consists of elected members drawn from the ranks of attorneys who have achieved great distinction in the legal profession (Webster, Boyer, and Lauren 48). These members of ALI restate common law or case law to clarify and facilitate the use of such law. ALI entails a Council that screens proposals for projects or restatement drafts, with expert reporters, an advisory board, and a members’ consultative group creating a draft upon which…

Being born and raised in Canada, I have always seen myself as Canadian first, and everything else second. Coming from an Iranian background and the child of Iranian immigrants, in high school I was often labelled the “brown kid” or the “Iranian boy.” Although not the most derogatory of terms, they were a constant reminder that I was not the same as the rest of the students. My family didn’t celebrate Christmas, even though it was the only thing people talked about in December. Instead, we…

Over the past fifteen years, a consensus has grown to acknowledge that the number of self-representing litigants are increasing among Commonwealth countries, notably Canada (Richardson, Sourdin, & Wallace, 2012, p. 13). As an influential choice on the outcome of a case, does the phenomenon of self-representing litigants prove to be more troublesome than it is rewarding? Indeed, the negative outcomes of this practice can be a detriment to the litigants’ right to receive a just and fair hearing in…

Law codes have been fundamental to the governance of societies and for the preservation of order and structure throughout the ages. One such agency, which is thought to be categorically influential to the legal expansion of Western culture is known as Justinian’s Code (Berkeley Law, n.d., para. 9). Justinian understood the great need for laws, and wanted to utilize those that had already been established, which included the Twelve Tables. However, because they were in a disheveled state, he set…

Issue 1: Duty of Care The first issue involved in Michelle and Rebecca case is, did Michelle the defendant owe the plaintiff Rebecca duty of care under law of tort when Michelle offered Rebecca a ride home when she was drunk. Duty of care is referred to the legal responsibility which is compulsory to any individual that requires the reasonable care when performing any act that could direct or indirectly harm others. An essential element of duty of care is foreseeability. Rule 1 In relation…

deal reasonably, with integrity and not unpredictably or randomly. There are two important steps in good faith performances. The first step is acknowledging that good faith comes from an underlying number of various rules that stem from traditional common law, and that demonstrates the importance and duties of good faith in a contract. The second step is recognizing…

When discussing Negligence, it is imperative that we first explorer the law of Tort. This is a wrongful act whether it was intentional or accidental, leading to one being injured (cited from Law.com). To demonstrate that the defendant has committed an act or omission it may be necessary to prove that both a standard duty of care and damage has resulted in negligent behaviour. A person in a professional occupation such as a chartered surveyor has a higher duty of care because their field of work…