Comparative law Essays

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Simple and Standard Form Contract

1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple […]

Pages: 41 Words: 12178 Topics: Breach Of Contract, Comparative Law, Contract, Justice, Legal Ethics, Offer And Acceptance, Rules

a Problem Question on Tort Law

1 Question 1 Yes, Barack is liable to Theo-Paul under the tort of negligence. The negligence part of tort law involves unintentional harm caused by one’s carelessness. Proving negligence entitles the injured plaintiff to being compensation for the injury to their body, property, emotions, financial status, intimate relationships or reputation. One must prove the resulting […]

Pages: 8 Words: 2387 Topics: Civil Law, Comparative Law, Duty, Duty Of Care, Jurisprudence, Negligence, Tort, Tort Law, Virtue
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a Tort Law

Introduction Based on the question, Mark had suffered property damage due to the fire that was set by the youths. Therefore, we are required to advice Mark in respect of any claims he may have against various parties: the Amber Borough Council (hereinafter ABC), Chigley Services, Home Office, Justin and Jason, and the Fire Brigade. […]

Pages: 11 Words: 3232 Topics: Causation, Comparative Law, Duty Of Care, Ethical Principles, Justice, Negligence, Tort, Tort Law

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 […]

Pages: 9 Words: 2774 Topics: Australia, Civil Law, Common Law, Comparative Law, Government, Justice, Social Institutions, Virtue

Burden of Proof in Criminal and Common Law

“He who asserts must prove”. This statement of law allows us to understand that in criminal cases the onus of proof rests with the prosecution and that the standard of proof is one that must be satisfied beyond a reasonable doubt [1] . However, there are exceptions to this in the form of both statutory exceptions and […]

Pages: 5 Words: 1399 Topics: Burden Of Proof, Comparative Law, Criminal Law, Deviance, Ethical Principles, Evidence, Jurisprudence, Morality

Contract Law Problem Question

Contract law problem question – Posh Posters (2500 words) This scenario relates to two companies, Pretty Paintings Limited (“Paintings”), and Posh Posters Limited (“Posters”), who are engaged in the poster trade. They have entered into commercial relations with one another in respect of some stock, namely 1000 posters, which Paintings has offered to sell to […]

Pages: 8 Words: 2484 Topics: Act, Breach Of Contract, Comparative Law, Contract, Contract Law, Government, Justice, Legal Ethics, Offer And Acceptance

Ejusdem Generis Examples

Introduction The word “ejusdem generis” means “of the same kind or nature”.[1] The rule of ejusdem generis is that where particular words are followed in general, the general words should not be construed in their widest sense but should be held as applying to objects, persons or things or the same general nature or class […]

Pages: 11 Words: 3164 Topics: Common Law, Comparative Law, Government, Justice, Social Institutions, Statutory Interpretation, Virtue

Introduction to Negligence

Discuss what is meant by a ‘duty of care’ in the tort of negligence. Explain the test which is applied in the tort of negligence to determine whether the defendant breached the legal duty of care owed to the claimant. What factors would a court take into account when determining how a reasonable person would […]

Pages: 10 Words: 2925 Topics: Abuse, Comparative Law, Duty Of Care, Ethical Principles, Jurisprudence, Morality, Negligence, Tort

Remedial and Institutional Systems

Brief 102317 Delivery Date: 13/08/2005 Title: “The remedial constructive trust has taken root in the United States and Canada: it is unlikely to do so in England” – Millet LJ in Restitution and Constructive Trusts 1998 114 LQR p399 Explain the differences between remedial and institutional constructive trusts and the advantages and disadvantages of each […]

Pages: 5 Words: 1485 Topics: Civil Law, Common Law, Comparative Law, Government, Justice, Social Institutions, Virtue

Scots Law in the UK and International Context

Scots Law in the UK and International Context Background The United Kingdom comprises three legal jurisdictions: England & Wales, Northern Ireland and Scotland. While much of the body of law made by the UK Parliament in Westminster applies to all three legal jurisdictions, there are separate court systems in each jurisdiction and local laws made […]

Pages: 8 Words: 2284 Topics: Common Law, Comparative Law, Government, Justice, Supreme Court, United Kingdom, Virtue

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 […]

Pages: 10 Words: 2867 Topics: Common Law, Comparative Law, Ethical Principles, Jurisprudence, Social Institutions, Statutory Interpretation, Virtue

the Law of Equity in Australia

Equity – Assignment Question 3 Introduction As described by Sir Frank Kitto, Justice of the High Court of Australia from 1950 to 1970, the law of equity is ‘the saving supplement and complement of the Common Law….’ which prevails over the Common law in case of conflict between both the laws and thus by repairing […]

Pages: 7 Words: 2005 Topics: Australia, Civil Law, Comparative Law, Government, Justice, Social Institutions, Virtue
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