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The Court of Exchequer chambers stated that “if a person brings into his land something which is likely to do mischief if it escapes, the person keeps it at his own peril”. 4. Escape The exchequer court came out clear and stated that “there must be escape of the dangerous substance”. Remedy The case of Rhylands versus Fletcher “laid the basis on which the person who has suffered can be bona fide to be remedied” (Lillian Munroe, 09). The...
Currently many government accords a lot of priority to womenn on issues related to talking with victims of rape in comparison to men. Although the history of criminal justice shows that females have been ignored recently there has been great focus on female's rights and this has led to increased number of females joining justice system to be part of law enforcing body that address the female rape concerns. Although men are taught to have been helpful in enforcing laws that protects women from...
A contract is an agreement between the contractor and the client which is binding in law. Clients define the project objectives, schedule and the budget. Contractors are hired by the client and are responsible to carry out the work, under the terms and subject to the deadlines, quality of the work and stay within the budget. Offer and acceptance must be present for a contract to be formed. Both parties are intended to create a legal relations and the negotiation between both parties are...
Choose a jurisdiction in accordance with the instructions given in Introductory Book. Identify which legal tradition or traditions (civil law, common law, Islamic law, East Asian law) your chosen jurisdiction embodies. Justify your view. If your chosen jurisdiction also embodies other legal traditions discussed in Glenn, you should also discuss them. If your chosen jurisdiction draws on legal traditions not discussed in Glenn, you should discuss them as well. To what extent is...
Introduction In Australia, the incidence of violent crimes against women is high. The National Strategy on Violence Against Women released in October 1992 acknowledged that there are barriers to the comprehensive collection of data because much violence against women goes unreported; many women who are the victims of violence feel isolated and unable to make choices, and when women do seek help useful assistance is not always forthcoming (NCVW 1992, 1-2). The data that the report were able to...
Admissible evidence is such evidence which can be brought forward in a court of law, which is support a legal case. Conceder of admissible, evidence must meet certain standards, this standards being especially high in this cases. According to article 27 of The European Convention on Human Rights says:The commission shall not deal with any petition submitted under Article 25 which(a) is anonymous, or(b) is substantially the same as matter which has already been examined by the commission or has...
Books Bailey, SH, Harris, DJ, and Ormerod, DC, 2001, Civil Liberties Cases and Materials, 5th Edition, London: Butterworths Fenwick, H, 2002, Civil Liberties and Human Rights, 3rd Edition, London, Cavendish Publishing Robertson, Geoffrey, Freedom, the Individual and the Law, 1993, London: Penguin Books Journal Articles Lord Lloyd, Modern Law Review (1976) MLR 121 at 112-3 Starmer, K, Two Years of the Human Rights Act,...
A system of land law has developed over many centuries, over which there has been significant reforms to the law. William the Conqueror established a feudal system in which he claimed, as the Crown, ownership of all the land in England which was granted to the public in return for services; this established a “hierarchy” in the society called the “feudal pyramid” (FN). The significant economic and social changes that began after 1066 paved the future for land law in such...
The Acquisition process was long and time consuming because the private Romanian operator had to collaborate with the state and comply with all its demands such as for example the development of a strong social program to guarantee safety of employees jobs or the guarantee of investments that will be made to modernize the factory after acquisition and in return the state made a commitment to reduce the taxes for the private railway operator and also to write off some substantial debts that the...
Question 1: (5 marks) Discuss statute law or legislation as an important source of South African law. Statute law or Legislation is an important source of law in South Africa. They are the written laws as set out by the parliament and provincial legislatures (competent authorities) and form the basis on which the law of South Africa is founded.Statue law or Legislative law in South Africa comprises of the following:The Constitution: This is the most important source of law in South Africa. If...