"Common Law" Essays and Research Papers

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Common Law

The Development of Common Law and Equity Common Law has been functioning in England since the 1250’s, two centuries after William the Conqueror defeated Earl Harold Godwinson in the Battle of Hastings in 1066 and became King. It was then in 1066 that Law began to be standardised. There were, however, problems with the Common Law system and people were becoming dissatisfied with the remedies distributed by the Court. As a result, the Court of Chancery was established and could provide whatever...

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Common Law

Common Law Assignment Answer 1: There is no enforceable contract between Joanna and Rita because under Contract Law it is stated that the first requirement for any valid contract to become existent is an agreement that contains the elements of “offer” and an “acceptance”. In the case provided, Joanna did put forth an offer for Rita who then laid a condition of accepting the offer, therefore a counter-offer; also Rita had not yet accepted the offer completely. She stated in her response, that...

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The Development of Common Law and Equity

Outline the development of common law and equity. Before common law and equity came into existence, there were only customs that protected the people and their rights. Customs can be divided into general customs and local customs. General customs are said to be the basis of common law because it is thought that after the Norman Conquest, judges who travelled around the land making decisions in the King’s name based at least some of their decisions on the common customs. Local customs only...

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Sources of Common Law

Sources of common law I. Sources of the Common Law A. Court Decisions The principal source of positive law in the common law system is customary law. The common law system has some analogies to French medieval law: trial by jury, the binding nature of precedent. B. Statutes and treaties Statutes and treaties are the other source of law in the anglo-saxon world. However to be enforced even statutes and treaties must be ultimately interpreted by judges. Statutes are however controlling; that...

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company law

public2.In 1862 formation of a company required seven or more subscribers, where now company may run with one director3.The Companies Act 2006 provides that remedies are available for the breach of directors duties, remain case stated law distinct from statute law and many cases interpreting provision of past Companies Act remain relevant today. There are some advantage and disadvantage of incorporation. A primary advantage is limited liability. This provides protection for owners to their personal...

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Common Law and Equity

Equity has brought benefits to many litigants who would otherwise have been severely disadvantaged by the common law. Discuss, with reference to decided cases. William the Conqueror found England with no single system of law common to the whole country. The law was mainly sets of customary rules which differed from area to area. For example, in one area you could get away with stealing, in another it would be seen as crime. There was no such thing as ‘ The English Legal System” until William’s...

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Evolution of Law

Evolution of Law The government our nation has established today has come a long way from its roots. Starting with the Napoleonic Code and eventually ending with the Ratified Constitution of the United States. Rome came to England bringing the Roman Code, thus law begins. The Roman Code was a rigid code that in reality did not change much. It required ample detail and was difficult to understand at times. For example, if there where five different murders all using five different colored knives...

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Workplace Law

Under the common law act, employers should use fair procedures when terminating employees. As that, replacing employees is expensive and claims for unfair or unlawful dismissal can be costly and time consuming. Employers are to bridge employee financially until she has had a reasonable time to find a new job. A contract that provides for a worker’s service is a terminable agreement for the use of that worker’s talents for a period of time and with the consent of the work. The common law can operate...

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Different Types of Mistakes in Contract Law

“A common mistake, even on a most fundamental matter, does not make a contract void at law; but it makes it voidable in equity.” To what extent does this statement represent the law after Great Peace Shipping Ltd. V Tsavliris, The Great Peace (2002)? A mistake is an erroneous belief held by one or more contracting parties at the time of entering the contract, as to whether certain details pertaining to the contract were true. Mistakes can be classified in three categories; common, mutual, or...

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Workplace law

on regards on the verbal promise, it is a fact that negotiations with existing employees on the variation of the employment contract hold the characteristics of trading and commerce. Rule of the Law There are is an importance to proof whether or not Johnny is an employee in the eyes of the common law, a test will be used in courts to proof it; in particular, the multi factor test, (Performing Right Society v Mitchell and Booker (Palais de Danse) Ltd (1924)). What facts will a multi factor test...

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