rules each take different approaches to interpretation of a statute. Some judges prefer one rule‚ while other judges prefer another. Some judges also feel that their role is to fill the gaps and ambiguities in the law whilst others think that it should be left to Parliament as the supreme law-maker. As the rules can result in very different decisions‚ it is important to understand each of them and how they may be used. The literal rule Under this rule the judge considers what the statute actually says
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Law of Contract II Semester 2‚ 2011 Word Count: 1932 A party’s right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the term breached in each case inform the party with whose contract has been terminated‚ as to whether it is lawful or not. Common law rights to terminate arise in one or more of the following three ways: * Any breach of a condition of the contract; * A serious breach of an intermediate
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both the Islamic law and the common law. The more interesting discussion of this research would elaborate how co-existence is possible in Malaysia without conflict. Before British colonization in Malaya (confined to all states in the Peninsular Malaysia and excluding Sabah and Sarawak in the Borneo islands)‚ Islamic law is only applicable in the state of Malacca. In Malacca the law was compiled in the Malacca Laws and when the Malacca Empire fell versions of the Malacca Laws were applied in the
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Tort law in environmental regulations Actions brought under tort law are amongst the oldest of the legal remedies to abate pollution. Most pollution cases in tort law fall under the categories of nuisance‚ negligence or strict liability.1 The rules of Tort law in India were introduced under British rule. Initially‚ disputes arising within the presidency towns of Calcutta‚ Madras and Bombay were subjected to common law rules.2 Later‚ Indian courts outside the presidency were required by Acts of the
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The two legal systems in question are the adversary system‚ most commonly practiced in the United States‚ and the civil law system‚ also referred to as the inquisitorial system‚ most commonly practiced in European countries. Both systems have the same goal; to find the truth. However‚ each system has a very different path to justice. The adversarial system implies that two parties assume opposite positions in debating the guilt or innocence of an individual. In this scenario‚ the judge is required
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BIPAS – UDAYANA UNIVERSITY Law Midterm test “The influence of Common Law and Civil Law on Indonesia´s Legal Tradition” Natascha Krauss 3.11.2014 Table of content 1. Development of Indonesia´s Legal Tradition 2. Civil Law 3. Common Law 4. Influences and Impacts of Civil and Common Law 1. Development of Indonesia´s Legal Tradition This paper is supposed to outline how civil law and common law influenced Indonesia´s Legal tradition. In order to be able to analyze
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contract for which the law provides redress. A. The law of torts focuses on private right of redress. The aggrieved party sues in tort to recover damages for the harm caused by her defendant. Contrast this to criminal law where the State‚ through government-employed prosecutors‚ pursues the action and extracts the punishment. B. LAWS come from 3 sources: i. Constitution ii. Statutory Law iii. Jurisprudential (or common law) TORT LAW comes primarily from what type of law? Jurisprudential
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Tort Law | Strict Liability | Alabama Law | | Shannon Martin | 12/22/2011 | | Alabama Tort Law is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses‚ it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis
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A place of deep longing‚ that was Corrow Commons‚ to an elderly man and his son‚ who were all but familiar with the smell emanating from the dilapidated common‚ to which they once called their home. The cries of the damned called out to the old man‚ for him to ignore it behind a mask of a face which holds every voice dear‚ they were nostalgic… but he knew what needed to be done. His son was looking beyond the Corrow Common’s almost dreaded visage‚ knowing it was the one thing haunting his father’s
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Table of Contents: Page Number Outcome-1………………………………………………………………….3 Outcome-2………………………………………………………………….5 Outcome-3………………………………………………………………….6 Outcome-4………………………………………………………………….8 Bibliography………………………………………………………………...10 Outcome 1: Before describing Bill and James legal position according to their activities‚ the formation of a contract has given below in Figure 1: [pic] By the formation of contract‚ the legal position of Bill
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