heart of the Common Law system of rights and duties. Judicial precedent is concerned with the major of case law in the common law system‚ it had been described as the legal experience from lawyer’s term. The term of ‘precedent’ there is an implication that what was done before should be done again and which mean a good guide to follow and trying to solve a problem is to see what examples exist where this or similar problems have been tackled before. If a case then had decided point of law it will be
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Common Law Contracts and the UCC Article 2 Wk 5 Reflection Erick Kopczick‚ Seth Simmons‚ Karl Svanberg Law/421 December 22‚ 2014 Charles deWitt Common Law Contracts and the UCC Article 2 Wk 5 Reflection There are some similarities when it comes to UCC and Common Law contracts. But UCC is for goods and tangible items whereas Common Law Contract is for the intangible items like services. UCC is use to eliminate the technical requirements of contract law. UCC relies on the merchants acting on good
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bestowed on Nigeria by colonial masters‚ common law principles‚ rules and doctrines have tremendous influence on administration of justice system in the country. Particularly as an offshoot of that influence‚ the common law doctrine of stare decisis‚ translated as judicial precedent or simply as precedent‚1 has come to be regarded as a source of law in the country.2 Simply put‚ stare decisis is a practice in the administration of justice in common law jurisdictions‚3 whereby a court is bound to
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Why we have laws- The law is a legal set of rules that the government and courts have made for everyone to follow. Without laws‚ confusion and chaos would occur. In extreme cases of conflict‚ a state of anarchy would develop. The person with the most strength will start to dominate and the weak and helpless would suffer. However‚ when laws are enforced‚ a sense of order is created resulting in a society where everyone can live peacefully. Why laws change-? Societies’ perceptions have changed over
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FOUNDATION IN LAW – 2013 English Legal System Assignment Yong Suan Kai Question 1 (a) Briefly explain the history of the English common law prior to the Norman Conquest in 1066. (5 marks) (b) State the developments of the common law after Norman Conquest in 1066. (6 marks) (c) Explain the drawbacks of the common law system in England and Wales. (7 marks) (d) What are the effective developments that have taken place to overcome the problems faced by the common law system
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Common law and equity: the reasons behind the creation of equity. What is it and how is it different from common law? What is the present relationship between common law and equity? Methodology In order to provide a broader image of the principles applied by equity and the common law‚ secondary research was carried out. The process involved both gathering information from the internet websites and Business Law textbooks. Findings The development of English
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Unwritten law is law that has not been enacted by the legislature (Parliament and the State Assemblies) and this law is not found in the written Federal and State Constitutions. This law is found in cases‚ which have been decided by the courts and local customs. Unwritten law is mainly comprised of: 1. English Law English law forms part of the laws of Malaysia. English law can be found in the English common law and rules of equity. However‚ not all of England’s common law and rules of
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Irish Law * History sources of law * Common Law * Equity Example of the many maxims: i. Those who seek equity must do equity. ii. Equity looks the intent rather than the form. iii. Those who come to equity must come with clean hands. iv. Equality is equity. * Legal sources of Law: There are five legal sources: a. Legislation (Statute Law) b. Subordinate Legislation c. The Irish Constitution 1937 (Bunreacht na hÉireann) d. European Union Law
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SOURCES OF LAW All the sources have a relevance to the operation of business and management which means that managers and employees have to be aware of them and their different features. PRINCIPAL FEATURES 1. STATUTE. law made by the Government known also as legislation and statute. a. This is law made by Parliament. A Bill goes through several procedures and debates in Parliament and when it is finally agreed it receives the Royal Assent. This is now a formality as our system of government
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CONTRACT LAW – LECTURE 4 Promissory estoppel Is about the enforceability of all alteration promises (promises to pay more and promises to accept less) and by contrast estoppels does not apply to promises about the formation of initial contracts Ex. If a creditor promises to accept a smaller sum in full settlement intending the debtor to rely on that promise‚ and the debtor does rely on it‚ the debtor may have a defence of promissory estoppels when sued for the balance by the creditor. The promise
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