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

The Rules Relating to Implied Grant of Easement

The rules relating to implied grant of easements have been described as “strange [and] magic-like” (Sexton and Bogusz, Land Law: Text, Cases and Materials, 2013, 3rd edn, OUP, p 565). Disregarding easements created by prescription, explain these “magic-like“ rules. Do the rules differ in the case of implied reservation of an easement and why is this the case? INTRODUCTION An easement is a right to do something on someone else’s land, falling short of a right to possession. More specifically, […]

The Scheme of Arrangement under Section 176 of the Companies in Malaysia

Scheme of arrangement under S 176 of Companies Act had been a formal corporate rescue process in Malaysia before the outbreak of financial crisis of South East Asia in 1997.[1] Although the purpose of the provision had never be a corporate rescue mechanism,[2] Scheme of arrangement not only can be applied by the insolvent company as a last straw to clutch at in saving the company, but also by ordinary company for adjustment of members’ or creditors’ rights, reorganisation of […]

The Romalpa Case: Signpost or Diversion?

The Romalpa Case: Signpost or Diversion? The supply of goods on credit is a commercial commonplace. Foreseeable difficulties will however arise where the buyer withholds payment or, more seriously, is unable to make payment due to solvency difficulties. The difficulty when a company is forced into liquidation or an individual into bankruptcy was summarised by Templeman LJ[1]: “…unsecured creditors rank after preferential creditors, mortgagees and the holders of floating charges and they receive a raw deal.” It is therefore prudent […]

THE ROME II REGULATION

THE ROME II REGULATION 1 The Rome II regulation is an example of a European Union Regulation that concerns itself with the conflicts of law that are applicable to obligations that are not contractual. As from January 11th 2009, the Rome II regulation was able to create a set of rules that are harmonized within the European Union in regard to a law that would govern the commercial and civil matters of the members of the EU. This is in […]

The Separate Legal Personalty and Piercing the Corporate Veil

BUSINESS LAW Types of Businesses A business refers to an organisation involved in the trade of goods, services, or both to consumers. Sole proprietorship is owned by one person and operates for profit. The individual has day-to-day responsibility for running the business however they can choose to operate singly or employ other people. The business is considered to be part of the individual and not a separate entity. As a sole proprietor, all responsibility, debts and liability are assumed by […]

The Legal Age of Consent in Australia

The reasons to select the article and found legal issue The article reported Brief content of the article The 26-year-old accused went to Sydney last August with a student visa in order to develop his further study at the University of Newcastle. During that period, he met a 12-year-old girl at a local mosque, however, he did not concern that she was merely 12-years-old. Then, the accused and the girl got married in an Islamic wedding ceremony. After celebrating the […]

The Legal Framework

Introduction An offer An invitation to treat A counter – offer According to Un Convention on contracts for the International Sale of Goods applies, explanation for the rights and liabilities of the parties that involved Contract is an agreement of a two parties especially once it is written its enforced law. An agreement refers to a “meeting of the minds”. There is no magic language necessary to inform an agreement. However, there is an offer must be made by a […]

The England and Wales Court System, with Reference to Criminal and Civil Justice

Question 1 The court system in operation within England and Wales is well established in history this essay will particularly look at the Criminal and Civil Justice Systems.it will also address the advantages and disadvantages of the jury system. The court process in operation in England and Wales is steeped in history dating back centuries and the assembly used to debate and address deputes between it community members. The effectiveness of historical practice is evident in the judicial system of […]

The Evolution and Analysis of the Principle of Legitimate Expectation

I. Introduction “A man should keep his words. All the more so when promise is not a bare promise but is made with the intention that the other party should act upon it”[1] A law cannot be found upon mere trust and expectations, no matter how reasonable it may sound. For the individuals to act on the law, the law has to be concrete and defined. Therefore, laws are codified and precedents are established, to bring about the union of […]

The Fourth Amendment and Computer Searches

The Fourth Amendment and Computer Searches Cmputers are no longer just tools of the trade for scientists or mathematicians, they are now found in nearly every household within the United States. In a recent study conducted by the United States Census Bureau in 2013, 83.8 percent of the households in the United States reported owning a computer. Of that percentage, 78.5 reported having a desktop or laptop in their home and 63.6 percent reported having a handheld computer. As […]

The ‘Horizontal Effect’ of Human Rights in the UK

Application of the ‘Horizontal Effect’ of Human Rights Law in the UK “The horizontal effect of the application of human rights law in the UK has important implications for the law of tort in relation to protection of privacy for private citizens. However the law is being applied in a piecemeal fashion” – Critically discuss. Introduction: Human rights protect an individual from unwarranted interference by the state, seeking to establish a just social and legal order to enable a person […]

The International Criminal Court and its Role in Achieving Justice

In the aftermath of the Second World War the international community came to a general consensus that the matters of peace and human dignity were to be protected, and that those who were to contravene these protections would be held accountable no matter their position or title[1]. Throughout the years the concept of International Criminal Law developed and subsequently led to the creation of the first, permanent, treaty established, international criminal court. The International Criminal Court (ICC) came into existence […]

The Land Registration Act 2002 and its Impact on Interests in Land

A registration scheme far more comprehensive than land charges is found today in the Land Registration Act 2002. The principle significance of this is that the register tells the purchaser who owns the legal estate. The system moreover is not limited to legal estates. Subject to some exceptions (overriding interest), all legal and equitable interest must be entered on the register if they are to bind a purchaser.[1] The first thing to ascertain when dealing with any piece of land […]

The Charities Bill 2005

According to the Charities Bill 2005, s1, which was introduced into the House of Lords on 18 May 2005, the definition of a charity is ‘an institution which is established for charitable purposes only and falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities.’ It goes on to list the a charitable purpose as being for the prevention or relief of poverty, the advancement of education, religion, health […]

The Computer Crime Act of Sri Lanka

Introduction Among the various types of crimes, Computer crime is a generic term which used to identify all crimes and frauds that are connected with or related to computers and information technology. Components of computer crimes could be divided into 3 categories as follows: Computer related crimes – use computers as tools for criminal activities Hacking offences – affect integrity, confidentiality of a computer system or network Content related cybercrimes – to distribute illegal data’s computers are used together with […]

The Concept of ‘Best Interest of Child’ in Sri Lanka

Family Law DEVELOPMENT OF THE CONCEPT ‘BEST INTEREST OF CHILD’ IN SRI LANKA Question: Evaluate the development of concept ‘Best Interest of Child’ in one of the following jurisdictions. South Africa. India. Sri Lanka. United Kingdom. CONTENT 1.Introduction 1.1The Child 2.Custody, Guardianship, and Parental Power 2.1Parental Power 2.2Custody and Guardianship 3.The Best Interests of the Child in Sri Lankan Context 3.1Concept 3.2Impediments 4.Conclusion DEVELOPMENT OF THE CONCEPT ‘BEST INTEREST OF CHILD’ IN SRI LANKA 1.Introduction This document will discuss the […]

The Concept of Contract in the Code Napoleon

THE CONCEPT OF CONTRACT IN THE CODE NAPOLEON Introduction and historical background leading to the formation of the Code Napoleon One of the biggest dilemmas that jurist over the course of history have faced is over the question of codification of law. One school of thought believes that the best and most just application of law can be achieved only when the principles that will finally be used for dispute resolution are enunciated beforehand. These principles can then be applied […]

The Constitution in the Codified

The constitution in the codified, or widely known as written form is said to promise entrenched liberties compared to the unwritten constitution. No amending powers can affect the stipulated status if the fundamental rights of citizen. However, it is indeed theoretical in nature when we have clear examples of the violation of citizens’ right in the constitution of Malaysia and Singapore. Both countries codify their constitution. Yet, the citizens do not enjoy the full privilege of being free. On the […]

The Consumer Protection Act

The first part of Consumer Protection Act 1987 is implementing the 1985 EC Directive on Product Liability. Section 2 imposes a new statutory liability on the manufacturer of a faulty product which causes physical harm to a person or other property.[1] The 1987 Act imposed strict liability on manufacturers and producers even in absence of a fault on their part. Many authors, academics and jurists welcomed this no-fault liability approach taken as a result of the 1987 Act.[2] The 1987 […]

The Development of the Concept ‘best Interests of the Child’

Introduction The term child has been defined by various authorities and prominent characters of the world in different ways. The international Convention on the Rights of Child has elaborated the term ‘child’ is as follows. ‘‘For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier”.[1] The doctrine of the best interests of child When we talk about child and […]

The Doctrine of Constructive Notice

ROUGH DRAFT FOR COMPANY LAW PROJECT ON THE DOCTRINE OF CONSTRUCTIVE NOTICE PRELLIMINARY STAGE CONTENTS HISTORICAL ANALYSIS SHORT INTRODUCTION AIM OF THE PROJECT PROPOSED RESEARCH QUESTION DOCTRINE OF CONSTRUCTIVE NOTICE AND IT’S LIMITATIONS CONCLUSION Historical Analysis: A Preview Of The Doctrine Of Constructive Notice The doctrine of constructive notice owes it’s origins to the United Kingdom where it was evolved on the demands of the companies so as to protect their interest against the dealings with third parties, The historical […]

The Doctrine of Successor Liability and the Drift Towards the Assumption of Liability

Doctrine of Successor Liability: Tracing the drift from the `Traditional non-liability rule’ to `assumption of liability’ through judicial precedents AbstractTraditional corporate law has been applied over the years to deal with the liabilities arisen after one company’s acquires another company The general rule says that an acquiring corporation doesn’t assume any liabilities of the predecessor corporation. The courts over the years have evolved this traditional stance and laid down exceptions, making the successor corporations assume such liabilities. This paper has […]

The Doctrine of the Immunity of the Crown in the UK and India

INTERPRETATION OF STATUTES PROJECT ABSTRACT Statutes Affecting the Crown/State The general English rule is that the “king is above the law” and all statutes are meant for the subjects only and the crown is not bound by them. The rule of Common Law ‘Roy n’est lie per ascun statute, si il ne soit expressment nosme’ meaning the statutes neither control the crown nor the rights or properties of the crown, unless expressly or by necessity or by implication is named […]

Dr Ram Manohar Lohiya National

For the purpose of making project in the subject Administrative Law, a very distinct and important topic has been taken as the central issue of it. The “Doctrine of Substantial Ultra Vires” which is the present issue in concern is a substantial principle of administrative law having its own importance and influence in the legal scenario irrespective of the boundaries of law. Therefore the research would be deliberating upon the topic concerned. Research methodology to be followed: To deliberate upon […]

Introduction to Statutory Interpretation

Statutory Interpretation Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. The legal system of a common law states that, it is a partiality to handle likewise facts or matters distinctively on a distinctive occasions. Literal Rule: Is a rule that is frequently utilized by orthodox […]

Taxability on Sale of Agricultural Land

Taxability on sale of Agricultural Land How to determine whether a land is agricultural land or not? Æ’Ëœ Agriculture income and sale of Agricultural Land Considering the effect of combined reading of the section 2 (1A) and 2 (14), the High Court has observed that capital gains arising from sale of land used for agricultural purposes would be revenue derived from such land and therefore, agricultural income within the definition under section 2 (1A) with the result that the parliament […]

The Alteration of the Registered Trademark

Alteration of the Registered Trademark Trademark is a mark which distinguishes one goods to another; it can be a word, name, get-up used in relation to particular goods to indicate the source and origin of the goods. Section 2 (zb)[1] defines the term ‘Trademark’ means a ‘mark capable of being represented graphically and which is capable of distinguishes the goods or services of one person from those of others and may include shape of goods, their packaging and combination of […]

The Capacity of the European Arrest Warrant

Critically discuss the capacity of the European Arrest Warrant to diminish traditional values of legitimacy and due process in criminal justice Judicial cooperation is regarded as one of the main focus of the European Union (EU) integration in criminal matters. In the past decade we have seen revolutionary introductions of new mechanisms in the field that have reformed EU criminal cooperation and have favourably developed the EU into an area of security, freedom and justice. The pioneer initiative in this […]

The Carriage of Goods by Sea Act: a Case Study

>Introduction The law relating to the carriage of goods by sea is significantly difficult to master. In general terms, it often involves overlapping jurisdictions, which can make it difficult to ascertain the governing law of the contract, unless the law has been expressly agreed by the parties to the contract. In this case, it is clear that the Hague-Visby Rules apply, given their express designation in the bills of lading relating to the crates. Other contracts may not be as […]

Restrict Financial Liability to a Specific Sum

Explain the meaning and significance of the provision in Section 11 Sub-section 4 that deals with a contract term seeking to restrict financial liability to a specific sum. How useful are the guidelines for applying the reasonableness test in Schedule 2? (4) Where by reference to a contract term or notice a person seeks to restrict liability to a specified sum of money, and the question arises (under this or any other Act) whether the term or notice satisfies the […]

Common Law Essays