The origin of English Common in the 12th century was sparked by the death of King Henry I in 1135. The nephew of Henry I was Stephen‚ and he was acknowledged to be the rightful king‚ but the magnates and such had sworn loyalty to Henry’s daughter‚ Matilda. The entire reign of Stephen‚ which lasted from 1135 to 1154‚ was spent fighting with Matilda and her French husband. Upon Stephen’s death the son of Matilda‚ Henry II‚ became king in 1154. It was from here on that the King started to take
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PART 2: AGREEMENT A. Offer and acceptance Offer * Objective approach: offer must normally be interpreted in the sense in which it would reasonably be understood by an ordinary person‚ even though the offeror’s actual meaning was otherwise. * Definition: indication by one person to another of his or her willingness to enter into a contract with that person on certain terms. The ‘offer’ must indicate a willingness by the offeror to be bound without further negotiation as to the terms of
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(Filsinger‚ 2013‚ p.80). However‚ his contract was a series of one – year agreements which is more likely indefinite basis instead of indicating certain contract period or project title. Another argument is Lay-Z-Guy set prices‚ territory‚ and promotional methods which are very important factors to perform and maintain Brad’s work. Brad worked under the company’s operation control rather than having autonomy which is more likely employee – employer relationship. 2. What arguments could Lay-Z-Guy make
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of common law and equity Introduction I have been asked to write a essay on the development of common law and equity. Common law refers to the law created by judges that was historically significant but has been since replaced by parliament common law is the basis of our law today it is an unwritten law that developed from customs and judicial decisions. It is parallel with equity which refers to the source of law created by the Lord Chancellor which was designed to supplement the common law
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Legal System of HK Seminar 2: Common Law System and Ideology (9/9/13) Substantive justice VS procedural justice Influence of external forces on legal system‚ they interact in the law making processes and affect what is morally right or wrong‚ law is not the only tool responsible for maintain social order‚ people have private life and other systems (social control‚ culture‚ religions…) to guide people’s life and behaviours LAW: Certainty‚ predictability‚ there should be an authorities to
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Introduction to Business Law Critically evaluate‚ in relation to the common law duty of care‚ the liability of employers for references. How‚ if at all‚ does the liability of a university (such as the University of Sussex) differ regarding references given to potential employers in respect of current (or former) students. Candidate number: 122970 Seminar Tutor:David Davies Module
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In the state of Massachusetts‚ Common Law Burglary is defined as “the breaking and entering into the dwelling of another at night with the intent to commit a felony”. It’s very important to note that in order for a crime to be considered as burglary‚ it is necessary for it to take place at night. Another important factor involved in a burglary is that usually the owner of the establishment is not present during the time at which this crime is taking place. Most states share the same elements of what
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Q1: What is a tort? Tort: A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another. Q2: What are the four elements of negligence? They are Duty‚ Breach‚ Injury‚ and Causation. Q3: Is Shannon liable for the tort of negligence? Yes‚ she is. First of all‚ she has been told by her physician that not to drive after taking the medication. Thus she has the duty not to drive in order to take care
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CAUSES OF EXTINGUISHMENT OF OBLIGATION 1. Payment or performance 2. Loss of the thing due 3. Condonation or remission of the debt 4. Confusion or merger of rights of creditor and debtor 5. Compensation 6. Novation I - PAYMENT OR PERFORMANCE PAYMENT means not only the delivery of money but also the performance‚ in any other manner of an obligation. How must the payment be made? 1. There must be delivery of the thing or rendition of the service that was contemplated. a. The debtor of a thing cannot
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and projection as my three common errors in judgement from this week’s READ and ATTEND section. I believe in my career field I can relate to these judgements and explain how I overcome these areas that law enforcement often has issues with. Stereotyping is the widely accepted fixed image of a certain group of people. Law enforcement has had a long history with stereotyping of certain groups of people. I have many friends that are African American‚ both on the law enforcement side and the civilian
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