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Salomon V a Salomon & Co Ltd (1897) AC 22 – Case Law Analysis

This is the foundational case and precedence for the doctrine of corporate personality and the judicial guide to lifting the corporate veil. The doctrine of separate legal entity was originated from this case. The House of Lords in the Salomon case affirmed the legal principle that, upon incorporation, a company is generally considered to be a new legal entity separate from its shareholders. The court did this in relation to what was essentially a one person Company. A company registered under […]

Right Answers and Hard Cases

In legal reasoning, the idea that a right answer can be found in hard cases is pure fiction. Discuss. Introduction It is often said that ‘hard cases make bad law’, but it is submitted by way of an opening observation that categorical statements regarding the law and its modus operandi are misleading at best and usually unreliable at the margins. The statement under review in the title to this work, in declaring that it is pure fiction that right answers […]

Sexual Harassment in the Workplace-India

India In India, when the case comes close to deal with the issue of sexual harassment in a workplace, we may first refer to a case law, Vishaka and Ors v State of Rajasthan and Ors. In this case, the Supreme Court of India has laid down the guidelines against sexual harassment in the workplaces. First, the case provides us the duty of the employer or other responsible persons in work places and other institutions. It stated that, the employer […]

Rape Law Reform in England and Wales

1. Introduction The beginning of the 21st Century has seen a major overhaul of the sexual offences legislation in England and Wales. Prior to this reform the law on sexual offences was based on legislation implemented in 1956[2], with some parts dating as far back as the 19th Century. It goes without saying that this legislation was grossly dated and unsuitable for the 21st Century. A number of important amendments had been made since the 1956 legislation, including the inclusion […]

Position of Rape Laws in India

The Indian Penal Code, 1860 (hereinafter IPC), drafted by T. B. McCauley and his colleague law commissioners, reflected the then prevailing sexual norms in India, criminalized ‘rape’ – a coercive non-consensual (as well as consensual in a set of specified circumstances) sexual intercourse with a woman. S.375 [1] of the Indian Penal Code describes six circumstances in which the offence of rape is said to be committed. In these, the first and the second clauses are representative of the elements required to […]

EU Law on Air Travel

1. On 15 April 2010, because aircraft risks most of the European airspace was closed down due to the eruption of the Icelandic volcano, Eyjafjallajkull. Denise McDonagh, had reserved a flight from Faro to Dublin[1] for 17 April 2010, was cancelled by an unexpected event as discussed above and did not resume until 22 April 2010 thus she reached Dublin on the 24 of April 2010. On 17 to 24 April 2010, she was stranded in Faro and spent £1129. […]

M V Home Office

Briefly explain the case of M v Home Office (1994) as it relates to the concept of the Rule of Law Dicey proposed that every man is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals, whatever his ‘rank or condition’[1]. The accuracy of this assertion came under challenge in the case of M v Home Office (1994)[2], in which two issues of constitutional importance were considered; firstly whether injunctions could be […]

Ownership of Land

This question requires detailed analysis on laws relating to ownership of the land and title to items found in or on the surface of the land. As the principle of law states ‘whoever owns the soil owns everything up to the heavens and down to the depth of the earth’. A person having proprietary rights in the land also has the control of it above and below the surface of the ground, anything that is part of the land, and […]

Law on Terror

Brief : 191325 Delivery Date : 7/12/2006 Title: Counter Terrorism and Civil Liberties Brief Description a) Anti terror legislative tools (in Britain) and their compatibility with the national and international Human Rights regimes b) Rights and duties of the government in relation to protecting citizens as well as the fundamental human rights c) Is it really justifiable to compromise on the core democratic values while preventing potential terror threats? STANDARD DISSERTATION OUTLINE REQUESTED. DISSERTATION OUTLINE 1. Proposed Dissertation Title “Human […]

Is Legal Reasoning Different from Political Reasoning?

Theory of Law & Justice Assignment Question: Is legal reasoning essentially different from the reasoning of politicians? If not, why not? If it is essentially different, in what way is it different? Justify your answer by reference to the views of relevant legal theorists. Introduction It is noteworthy that the legal and political systems are fundamentally different in the first place due to the diverse perspectives of the world, and they have developed into two separate entities with their own […]

Jurisdiction and Powers of the High Court

Introduction As legal disputes arise by the day, litigants seek different avenues to solve their matters. One of the ways is by instituting these matters before a court. However, the basic and most important step is to go before a court of competent jurisdiction. According to the Black’s Law Dictionary, “jurisdiction”is the power and authority constitutionally conferred upon a court or a judge to pronounce the sentence in law, or to award remedies provided by law, upon a state of […]

Jurisprudence on the Right of Ownership and Possession

Introduction The concept of ownership and possession is one of the fundamental juristic concepts common to all systems of law. This concept of ownership has been discussed by most of the writers before that of possession. However, it is not the right method. The idea of possession came first in the minds of people and it was later on that the idea of ownership came into existence. The idea of ownership and possession developed with the development of the civilization […]

Jury System

The American judicial system has always insisted on the jury system despite the changes taking place in the developed world. 90% of the jury trials take place in the United States and most European countries do not understand why the American public is fascinated by jury trials. “Does the U.S. system carry the seeds of its own demise, as in other nations that once used juries widely and gradually replaced them with decisions by judges” (Vago, 2008, p 48)? The […]

Law of Property

In this scenario, there are several parties who have, or who acquire, an interest of some sort in the property known as Greyoaks, a large freehold, registered property. Briefly, the principal parties include the registered proprietor of Greyoaks, Ophelia. As the registered freehold proprietor, it is Ophelia who has the ability to grant the various rights and interests which she subsequently does. From the outset, she is free to dispose of the property howsoever she wishes. She begins a relationship […]

Neighbouring Rights

Introduction It is well settled principle that the person who has applied his labor over the work should get the right of ownership over that work; this is one of the methods to justify the intellectual property. For the purpose of this project and before moving ahead we need to understand the justifications required to justify the intellectual property. One of the theories in the intellectual property is the lock-labor theory, which says that each and every person has right […]

Introduction to Legal Theory

Legal theory is a primary subject which could serve as the basis for law and due to its vast theorists and their ideas such as natural law, legal positivism, utilitarianism and feminism, this essay will explain legal theory, legal research and the importance of legal theory and how it is linked to legal research, it will also discuss various theorists and the essay will go further to show the relationship between legal theory and law. Firstly, legal theory can be […]

Introduction to Negligence

Tort law Tort in general are a set of rights, obligation that are provided to the citizen by a civil court in order to maintain safety of people and provide remedies for persons who have been inflicted suffering/losses by the wrongdoings of other citizens. A tort is a wrongdoing by a citizen towards another for which he/she is tried in the court of law. The plaintiff is the person against whom the wrong has been committed and who has suffered […]

Is it Necessary for a Country to be Governed by a Constitution?

Introduction Black’s Law dictionary defines the constitution as “the fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.”[1] Constitutions are classified as written or unwritten, flexible or rigid. Although ancient laws have always been there, the oldest known constitution which best exemplify the modern constitution is the Code of Hammurabi which was first discovered in 1902 but […]

Is Jury Nullification Essential Power or Serious Shortcoming

A key feature of the jury is that it must have impartiality and there is an argument that an accused person has the right to expect that the trial will be conducted by an impartial jury. [1] This is evidentially accurate as the whole concept of jury nullification would be severely undermined if there was a lack of impartiality, as a bias could lead to a dubious non guilty verdict even when all the evidence points to a guilty verdict or vice […]

How do we Safeguard Human Rights?

‘Safeguarding Human Rights lies less in new laws, than in new interpretations’. Discuss with reference to the United States and the United Kingdom Introduction Both sides of the proposition posed in the title question are fraught with difficulty. Human history, particularly as it unfolded in the twentieth century, confirmed that national and supranational treaties and legislation, no matter how compellingly drafted or extensively ratified, was a thin safeguard against human rights abuses. Versailles, the Yalta Conference, the United Nations Declaration […]

Legistlative Provisions and UK Courts

Abstract: UK as a Western Liberal state could be rightly described as pro human rights actor in terms of its membership with the UNO and EU. Both the UN and UNO have enshrined Human Rights in its Charter and Convention respectively. However, until 1998 the UK did not have a separate legislation for Human Rights and one known reason for its long delay was found in its parliamentary supremacy concept which stresses that the Parliament is not bound by any […]

Human Rights and Criminal Justice

In considering the extent to which the police have complied with the Police and Criminal Evidence Act (PACE) 1984 and the PACE Codes of Practice regarding the arrest, detention and interrogation of Graham and Nisha it is to be appreciated that a police officer (Ministry of Housing & Local Government v. Sharp, at p.266, per Lord Denning MR) who commits a breach of their common law or statutory duty by making an unlawful/wrongful arrest be liable for damages (M v. […]

The Victorian Burglary Legislation

Impact of Singh v The Queen on the Victorian Burglary Legislation. Introduction The main contentious issues in Singh v The Queen[1] are when should the mens rea element of the crime of burglary be proven to exist for a continuous act or series of acts, should the prosecution prove beyond reasonable doubt the existence of intent to commit the crime of burglary at the time of the first effective entry into the building or part of the building as defined […]

Infringement of the Canadian Charter

Case: R. V. Mann, 2004 SCC 52, [2004] 3 S.C.R. 59 In our country, everyone is protected under the law. The Canadian Charter of Rights and Freedoms guarantees certain political rights to citizens as well as civil rights of everyone who resides in Canada. However, in some cases where law enforcement or other government agencies carry out their duties, the civil rights of a person may be infringed. Section 24 of the Charter of rights and freedoms protects residents of […]

Innominate Contracts

What were the innominate contracts? Where did they come from and why were they important? The very term innominate (literally without name) is potentially confusing since these so-called contracts are named very specifically. The term refers to their place in the system of classification of contracts in Roman Law rather than their possessing the characteristic of being unnamed. A distinct characteristic of Roman Law is that it might be said to possess a law of contracts as opposed to a […]

Matrimonial Regimes

Matrimonial Regimes Keith and Erika have been married for the last five years. Before they married they decided that their future common property should be governed by the Community of Acquests regime. Keith was never a good administrator of his own money and during the last months, Erika found out that Keith had invested community money in unsecure businesses. Moreover, he has lent money to his friends and has spent a considerable amount of money in futile objects in order […]

Feminist Jurisprudence

class=”small”> In order to answer this question one must first assess and consider the theory of feminist jurisprudence. This will require an in-depth analysis of the theory and the principles of postmodernism. Further, in order to answer this question one must assess the principles that interpose themselves in law, namely the role of sex. Feminist jurisprudence can be said to be a theory that stands out from the classic theories that occupy the thoughts in jurisprudence. Feminism can be defined […]

Fighting for Rights

In 1925 the Indian National Congress adopted the ‘Declaration of Rights.’ In subsequent session held at Madras held in the year 1927 demanded incorporation of a ‘Declaration of Fundamental Rights’ in any future constitutional framework following which, a committee under Motilal Nehru was appointed by the National Congress to study the fundamental rights. The rights emphasized by the Motilal Nehru Committee Report were: Personal liberty, inviolability of dwelling place and property Freedom of conscience, and of profession and practice of […]

Victim’s Empowerment in the Criminal Justice System

In this project, I shall talk about how a victim could be more empowered in the existing criminal justice system. I shall divide my project into 4 sections and a conclusion. In the first section, I shall talk about all the powers that have been given to the victim of a crime under the Criminal Procedure Code [1] . A victim can participate in both pre trial and post trial stages, the relevant sections of CRPC would be mentioned and explained. In […]

Have Law and Equity Influenced each Other?

1 Table of Cases Bank of Boston Connecticut v European Grain and Shipping Ltd Central London Property Trust Ltd v High Trees House Ltd Cresswell v Potter (1978) 1 WLR 255 Cuckmere Brick Co Ltd v Mutual Finance Ltd Earl of Oxford’s Case (1615) 1 Rep Ch 1 Napier and Ettrick (Lord) v Hunter Tinsley v Milligan United Scientific Holdings v Burnley Borough Council Walsh v Lonsdale Table of Statutes Bills Supreme Court Act 1981 Supreme Court of Judicature Act […]

Ethical Principles Essays