The commons

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…

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…

The purpose of this paper is to discuss the similarities and differences between criminal and civil law versus Mosaic Law. According to Plait, P. (2010), “People seem to accept that our laws are based on the morals of the Old Testament laid out in the Commandments.” To begin we must get a clear understanding about what each of them actually mean prior to going into specific details. In the United States, there are two types of cases: criminal and civil. Criminal cases refer to illegal actions…

not acceptable to answer the question, ‘Why is it done this way?” with ‘We’ve always done it that way.’ In law, that is not only an acceptable answer, it is the best and most basic answer. A lifetime of training in stare decisis, precedent, and the common law system actually dictates that answer.” [page 175] As a result, “[c]hange has been very slow and frequently dictated by outside forces.” [page…

The issue to be dealt with from the scenario presented is whether Craig has a right to claim the objects that have been found. The key principle for lost and found objects is the principle of priority of entitlement. Priority of entitlement starts with the "true owner who has the best claim; then the finder; the landowner; and the employees of the landowner." A claim to the ownership of lost or abandoned objects depends on where the object was found and the extent to which it was attached to…

result from being hit by an errand ball, injuries from golf carts and other injuries associated with the use of the golf course. A plaintiff who intends to bring a lawsuit against a golf course can rely on negligence in design or management. It is common for shots to go astray from the intended targets and this risk must be accepted by anyone going to the golf course. Golfers assume the risk of injury arising from the negligence of another player. A golfer can be held liable for the injury to…

The given question has dealt with the area of private express trusts under which one must consider whether the question represent the constitution and three certainties. In order to consider the given issue as a private trust we must first consider whether it fulfills the requirements of creating a trust. Which can be acquired by considering various requirements such as capacity, formality, legality and public policy etc. When considering what is the impact of equity ; general…

comments on this law and says, “This indicates the existence of woman as a mere chattel to be acquired by uninterrupted possession and use for a year, like any other species of personal property.” (68). Likewise, from the Early Colonial Period to 1839, common law in the United States allowed for a legal doctrine known as coverture. The law of coverture operated relatively in the same fashion as manus. Before her nuptials, a woman could own property, bring forth court cases, and even write her…

Influenza, Adult Influenza, more commonly known as “the flu,” is a viral infection that primarily affects the respiratory tract. The respiratory tract includes organs that help you breathe, such as the lungs, nose, and throat. The flu causes many common cold symptoms, as well as a high fever and body aches. The flu easily spreads from person to person (it is contagious). Getting a yearly (annual) influenza vaccination, more commonly known as a flu shot, is the best way to prevent the flu.…

Provisions of paragraphs one, seven, and eight are for employees by stipulating the roles the employees are expected to perform. Additionally, it gives wider insights on the responsibilities that are expected from employees. The provisions also provide key terms that should be followed in the contract. Question 4 The provisions of paragraphs two and four are intended to protect the confidential information of the company and its inventions. Question 5 The contract serves two primary purposes in…