Common Law Essay Examples - Free Research Paper Topics on StudyDriver.com

Institutional Functions and Disparate Connotations

In contemporary political and legal beliefs, the term civil law indissolubly provides perplexing connotations. Many harbingers ostensibly understand the term civil law as a substantive area of law which preluded in the times of Ancient Rome. Conversely, individual’s familiar and residing in common law jurisdiction understand civil law to be a private area of law which is non-criminal. In this essay I will be analysing the terms civil law, their institutional functions, and their disparate connotations, before reaching a conclusion […]

Australia’s Legal System

Business Law Assignment 1. Australia’s legal system is based on the English legal system.” To what extend is this statement correct? Discuss. It is widely known that Australia continent has been settled by Great Britain from the late 18th century. However, the English legislation system is the foundation of Australia law that is still needed to be discussed before reaching any conclusions. Following are the related factors which clarify this issue. Firstly, it is necessary to take a look back […]

Basic Human Rights

THE BASIC HUMAN RIGHTS In Malaysia, there are a set of rules that safeguards our freedom, the basic human rights of Malaysian is compiled under the Federal Constitution. This compilation of laws are supreme as mentioned under Article 4 of the Federal Constution. This means that even the Syariah Law of Malaysia can not go against the Federal Constitution. The decision of the Court of Appeal for the case of Muhamad Juzaili Bin Mohd Khamis & Ors v State Government […]

Prerequisite for Comprehensive Revelations in Biotechnology Patent Application

PREREQUISITE FOR COMPREHENSIVE REVELATIONS IN BIOTECHNOLOGY PATENT APPLICATION INTRODUCTION A patent is a monopoly right that has been granted to a person who has invented a new and useful article; or an improvement to an existing one or a new process of making an article. The patent consists of an exclusive right to manufacture the new invented or manufactured article according to the invented procedure for a period of limited period that is a period of 20 years in accordance […]

Scenario on the Sale of Goods and Unfair Contract Terms

This problem scenario is clearly referred to sale of goods act 1979 and unfair contract terms act 1977. The given three questions have been analyzed accordingly in separate three paragraphs. In the sale of goods act section 2 (1) it defines that what contract of sale of goods is as a contract whereby the seller transfers or somehow agree to transfer property in the goods to buyer for money consideration, which called as the price. Mainly considering that point the […]

The Right to Privacy

Privacy, meaning the right to be left alone, has intellectual roots tracing back to the 19th century. On December 15, 1890, Samuel D. Warren and Louis D. Brandeis had their article “The Right to Privacy” published in the Harvard Law Review. This article was highly regarded as one of the exceptional examples of the effect legal journals have on American law, and was the first of many future law review discussions. “It is our purpose to consider whether the existing […]

ASPECTS of CONTRACT and NEGLIGENCE for BUSINESS

ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Executive Summary: The reason of this study is to take in the essential genuine guidelines for which we can use in the sensible parts of business. The study is based on non-lawyers thusly we should give an adequate picture of the plans, for instance, the assent ion, thoughtlessness torts, break of conditions et cetera this is similarly valuable to grasp the taking in the true blue term used inside the business contracts. This […]

The Veil of Incorporation

The veil of incorporation means there is a separate personality between the members and the company. Thus, protecting them from being personal liable for the company’s debt and other obligations. The members of the company are the shareholders, employee and director. Veil of incorporation will protect the members of the company by establishing a limited liability. This will protect their personal assets and wealth, and expanding the company’s venture. Undeniably, this will create a win-win situation for both the company’s […]

The English Legal System

Introduction to English Law Before the Norman conquest, different areas in England were governed by the different law system. The law system based on the local custom hence, the law is varied from place to place. Thus, the King had only little control over the country as a whole and there was no effective central government. In 1066, William the Conqueror gained England throne and established a strong central government and began to standardize the law. The main purposes were […]

An Introduction to Malaysian Courts

1.0 Introduction to Malaysia Courts There is a hierarchy of courts in Malaysia which starts with the Magistrates Court as the first level, followed by the Sessions Court, High Court, Court of Appeal and the highest level of the courts is the Federal Court. A court is defined as the institution that the government sets up to settle disputes through a legal process (Reuters, 2014). The subordinate courts are Magistrates Court and Session Court whereas High Court, Court of Appeal […]

An Introduction to Trial Advocacy

Introduction to trial advocacy The history of trial advocacy cannot be correctly elucidated without a good understanding of trial advocacy. Formalists like Terence F McCarthy believe that trial advocacy entails the mechanism by which advocates become effective in trial proceedings.[1] They essentially limit the conception of trial advocacy to the formal teaching of courtroom forensics.[2] Yet on the other hand there are those who adopt a wider comprehension of trial advocacy to entail the daily skills of legal practice including […]

An Overview of the International Court of Justice

International court of justice History: The present history of global adjudication is, though, generally known as seeing from the alleged Jay Treaty of 1794 among the USA and Great Britain. This Treaty of Amity, Navigation and Commerce delivered for the formation of three assorted directives, consisted of American and British citizens in equal figures, whose job it would be to resolve a sum of exceptional queries between the two republics which it had not been probable to resolve by arbitration. […]

A Personal Reflection on Liebeck V McDonalds

Liebeck V. McDonalds: An Annoyance The McDonald’s hot coffee case is an event that most Americans claim to know about but many actually are unware of the facts. When I first heard about this lawsuit, I was working in a restaurant that ironically served a lot of coffee. I was eavesdropping on the server line and overheard a fellow employee’s comment, “did you hear about the lady who sued McDonald’s because she spilt coffee on herself, apparently she won a […]

A Potential Defamation Claim Advice

Matter: Prism Daily Probe article: Potential Defamation Claim by Derek Wheeton This memorandum sets out my advice concerning the article headlined “Crooked Local Businessman Cashes in on Charity Event” published on 17 October 2014 and the letter of claim received from solicitors acting for Mr. Wheeton dated 27 October 2014. You have asked me to consider the following matters: Whether the article is defamatory of Mr Wheeton including whether it meets the new s1 Defamation Act 2013 threshold (remember […]

Adverse Possession Dispute

Brief 199371 Adverse Possession Salchester City Council purchased the freehold estate in a large plot of vacant land in 1980. The title to the land is unregistered. The intention was to develop it as a state of the art sports complex. Unfortunately, ongoing disputes with Central Government about the availability of funding have led to delays and, at the present time (December 2003) the land remains undeveloped. Harrison Haulage Ltd runs their business from a depot immediately adjoining the Council’s […]

AFSPA an Alleged Failure

5. AFSPA an Alleged Failure. As per certain sections of the society, The AFSPA has neither solved the insurgency in the North East nor terrorism in J & K .Besides it is is disliked by the local public and hence warrants a review. In fact, as per critics of the act, the decision to review the act after public agitation speaks of Indian democratic strength, however failure to take this ahead indicates lack of political will. A test of a […]

An Agency is a Tripartite Agreement between a Principal, Agent and Third Party

Introduction The case took in concern here as the topic of discussion and evaluation of a historic case of controversy. The case was in the Queen’s Bench addressing the undisclosed liability of a business corporation conducts and hence files against the violation of the commercial law in United Kingdom. The case was hence in brief the linked with the dormant partner hiding the involvement of a third party liable for acts within the authority of the other partner. So many […]

An Analysis of Mandatory Injunctions

(ii) Mandatory Injunction: A mandatory injunction may be defined as an order of the court not only restraining a person from further wrongful acts but directing him further to restore, as far as possible, the former state of things. A mandatory injunction not only in involves prohibition but also imposes a positive duty on the defendant to do something. According to section 39 when in order to prevent the breach of obligation, it is necessary to compel the performance of […]

Power and Liabilities of the Karta

Contents Introduction…………………………………………………………….……………………3 People eligible to be Karta……………………………………………………………………3 Minor as Karta..…………………….………………………………….…………………3 Father as Karta…………………….………………………………….………………….4 Female as Karta before and post 2005……………………………………………………….4 Responsibilities of the Karta…………………….…………………………..……………….4 Powers and Liabilities of the Karta…………………….………………………………….…5 Power to manage family affairs ..…………………….…………………………..….……5 Powers to receive and use family income…………………….……………………….……5 Power to manage joint family business……………………………….…………….……..6 Power to Alienate…………………….………………………………….………….……..6 Liabilities of account…………………….………………………………….……….…….7 Power and liability to represent in suits …………………….……………………….……7 Power and liability to acknowledge debts…………………….……………….…….…….8 Powers to contract debts for family purpose…………………….…………………….……8 Power of Arbitration…………………….………………………………….………………8 Power […]

Access to Justice in the English Legal System

Access to Justice Legal aid was introduced after the Second World War to permit people who could not otherwise afford the services of lawyers to be provided with those services by the State.[1]The system and costs grew hugely over the decades and underwent various restrictions and cutbacks during the late 1990s.[2]Although there have been many high cost claims on the legal aid budget, the scale of the continued rise in spending is not the result of individual or collective wastefulness.[3] […]

A Coherent EU Legal System

Why the system of preliminary rulings in Article 267 TFEU is, and continues to be, important for the development of a coherent EU legal system and the liberalization of the procedure. The system of preliminary rulings provides the European Court of Justice (ECJ) an opportunity to assume an advisory role for other member states. The functioning of the ECJ is described under Article 19 of the Treaty of European Union (TEU) which states that the court must ensure correct interpretation […]

A Critical Analysis of TRIPS Standards Regarding PATENT Protection

“Critical Analysis of TRIPS standards regarding PATENT protection” History of TRIPS TRIPS is an abbreviation of Agreement on Trade Related Aspects of Intellectual Property Rights. It is an international agreement between the member countries of the World Trade Organization (WTO). TRIPS agreement came after the General Agreement on Tariffs and Trade(GATT) in 1994. The main aim of the TRIPS Agreement is to uniform the laws related to Intellectual Property worldwide. It covers various areas of IP including patents, trademarks, […]

Adelaide Interior Linings Pty Ltd V Romaldi Constructions Pty Ltd – Case Analysis

Question 1 Adelaide Interior Linings Pty Ltd v Romaldi Constructions Pty Ltd Very briefly outline the facts of each case including the contractual provisions under scrutiny (10 marks); Romaldi Constructions entered into a construction subcontract with Adelaide Interior Linings for the installation of lining at a college which was being constructed by Romaldi Constructions. Adelaide Interior did work on site but a dispute arose with Romaldi Constructions in relation to the quality of the work. Adelaide Interior left the site […]

Vicarious Liability an Imposition of Responsibility

Vicarious liability in the context of the principal-agent relationship means an imposition of responsibility on the principal on the acts of the agent. This form of liability finds its basis on the common agency law principle of respondeat superior Aor “let the master answer,” imputing the actions of the servant agent) on the master (principal). On the assumption that there is indeed a general liability on the part of principals for the tortious acts of their agents, it is necessary […]

Principles of Liability in Negligence in Business Activities

Assignment 2 of 2 Aspects of Contract and Negligence for Business Ingrida Miseviciute Table of Contents Task 1 (AC3.1)1 Task 2 (AC3.2)2 Task 3 (AC3.3)3 Task 4 (AC4.1)4 Task 5 (AC4.2)5 References6 LO 3 Understand principles of liability in negligence in business activities Task 1 (AC 3.1) Liability in Tort Contractual liability Definition: A tort is a legal term describing a violation where one person causes damage, injury, or harm to another person. The violation may result from intentional actions, […]

Directors’ Duties under the Companies Act 2006

Executive Summary This paper explains about the directors’ duties that is implemented in the Companies Act 2006. It is significant that every director have to act within the legal principles in order to prevent any dispute from company’s interest with their personal interest. In the Companies Act 2006, there are several duties that every director has to act with the duties that are provided in Section 171 to Section 177. However, the directors did not put the duties into practice […]

Construction Claims

LIRATTURE REVIEW Literature Review on contractual issues arising claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between […]

Common Law Essays