English Law is broad‚ with the real starting point at the Norman Conquest in 1066. During that time‚ England was mostly ruled by customs prior to the Conquest. It wasn’t until William the Conqueror took throne that modern English law started to develop‚ under the common law. Fast forward to 21st century‚ and now the law has been a lot more developed‚ with its sources divided into two‚ the primary source and the secondary source. The primary source being case law‚ legislation‚ and European law. In the
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Chapter 2 Donoghue v Stevenson p.45 Donoghue found a snail in the ginger beer and got shocked. She sued Stevenson‚ the manufacture. Manufacturer owed a duty of care to customers. Neighbour test.Grant v Australian Knitting Mills p.48 Dr Grant suffered dermatitis because of the sulphites on the surface of the underwear manufactured by AKM. AKM owed a duty of care in the production of the underwear not to cause injury to Grant. McPhersons v Eaton p.49 Eaton died from the exposure to asbestos
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Civil and Common law countriesContents TOC \o "1-3" \h \z \u Introduction PAGEREF _Toc383004748 \h 4Historical development of Civil law PAGEREF _Toc383004749 \h 4The source of Civil law PAGEREF _Toc383004750 \h 5The historical development of Common law PAGEREF _Toc383004751 \h 6The source of Common law PAGEREF _Toc383004752 \h 7The main differences between Civil law and Common law PAGEREF _Toc383004753 \h 7Conclusion PAGEREF _Toc383004754 \h 8Reference List PAGEREF _Toc383004755 \h 9 Discuss the
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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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establishment of the common law. The Courts of Exchequer was a court originally dealing with disputes involving revenue‚ taxation and revenue laws. The Court of Common Pleas was where pleas between subject and subject were brought. And the King ’s Bench heard actions to which the King was a party. The common law however‚ had a number of defects. The inflexibility of the writ system appeared to lead to injustice because matters that were not within the scope of writes recognized by the common law were dismissed
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The word ‘equity’ can be seen to have a wide range of meanings- to many it is a synonym for ‘fairness’ or justice’. Those within the legal community recognise equity as the body of rules developed and applied by the Court of Chancery; a court previously presided over by the Lord Chancellor with rules developed under his authority. The law of equity developed due to the inflexibility of the common law. Before the development of equity‚ The law was rigid (which was often cited as a weakness) for example
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COMMON LAW AS A LEGAL SYSTEM Common Law and Civil Law When defined in this way the term ¡§common law¡¨ is used to refer to a type of legal system called the common law legal system. The legal systems of various countries are modeled on the English legal system and these countries are said to have a ¡§common law legal system¡¨. This includes most of the British Commonwealth and the United States. The common law legal system involves such matters as trial by jury‚ presumption of innocence etc
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have studied and suggested what factors drive growth. Due to the important role played by the law in the finance sector‚ economist and policy makers argued that the legal system can have a major influence on a country’s economic prosperity. This leads us to the main topic of this research essay. The aim of this essay is to compare the strengths and weaknesses of the common law system with the civil law system with reference to economic prosperity. The first section will explain the connection between
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COURSE : LAW (ENGLISH LEGAL SYSTEM) QUESTION 1. Equity has made the law more fair. Discuss Equity can be defined in a technical sense as a branch of law administered by the court of chancery before the passing of the Judicature Act (1873-1875) with a view of supplementing the common law rules. Equity developed because of the problems of the common law. The word ’equity’ has a meaning of ’fairness’ and this is the basis on which it operates. The existing law as at the time equity arose
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Civil law is primarily contrasted against common law‚ which is the legal system developed among Anglo-Saxon people‚ especially in England. The original difference is that‚ historically‚ common law was law developed by custom‚ beginning before there were any written laws and continuing to be applied by courts after there were written laws‚ too‚ whereas civil law developed out of the Roman law of Justinian’s Corpus Juris Civilis (Corpus Iuris Civilis). In later times‚ civil law became codified as
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