Common Law Essay Examples

In contractual law, a mutual mistake is: “Where a mistake of both parties at the time of contract was made as to a basic assumption on which the contract was made has a material effect on the agreed exchange of performances, the contract is voidable by the adversely affected party unless he bears the risk […]

Maersk Line, who is in the sea freight transportation industry, operates in the Philippines through their general agent Compania de Tabacos de Filipinas. On the other hand, Ethegal Laboratories is a pharmaceutical product manufacturing company owned by Efren Castillo, the private respondent. In November, these two parties were engaged in a legal dispute. In 1976, […]

Christabel, representing Friends of the Forest (Friends), and Dee, representing Paper Supplies Pty Ltd (Paper), are both facing a complex problem that is difficult to resolve. The situation involves their commercial trade, which requires four fundamental elements for a contract to exist. In this scenario, it is evident that all four elements are met. However, […]

To determine if Jacky can sue Samantha for breaching a contract, the existence of a valid contract between them must be examined. According to the Oxford Dictionary of Law1, a legally binding agreement results from an offer and its corresponding acceptance. However, for it to be enforceable by law, consideration (unless it is in the […]

As with any legal system the whole point is to give everyone a fair trail and this would, if it was from anyone’s point of view that didn’t live in the UK mean getting a professional, who knew exactly how to deal with any part of law. So why In Great Britain do we use […]

Various methods are employed by the official criminal justice system to deter certain individuals in society from participating in deviant activities. Heightened attention has been given to terrorism due to events such as the September 11th, 2001 and July 7th, 2005 attacks, as well as the rise of cyber-terrorism. As a result, measures have been […]

In this task, I will emphasize on charitable trusts and what qualifies them for charitable status. It’s worth mentioning that the origin of this concept dates back to Tudor England and still encompasses the definition of charity. Within this spectrum, I will examine both tax and trusts law as well as specific Acts that must […]

To my accountant and good friend, Eustace, the best part of my collection of antique coins, entreating him to divide the lions share between the curators of all museums in europe established before i was bornIn order for a trust to be valid, the three certainties1 must be complied with2, namely certainty of intention, of […]

In the light of the statement above I am going to with reference to the decided cases explain the principles relating to certainty of subject matter and critically evaluate the decision in Hunter v Moss. Trusts developed in England during the 12th and 13th centuries. Trusts are widely considered to be the most innovative contribution […]

A court order called injunction can prohibit or compel a party to do something if the case is deemed unfair. These are called equity remedies. Specific Performance is a type of injunction that requires someone to fulfill their promise. The claimant must consider the damages to be insufficient in order for an injunction to be […]

Aside from proprietary rights under common law, a significant portion of property law involves rights enforced through Equity. To grasp the differences and connections between these equitable rights and common law proprietary rights, an understanding of the relationship between Equity and common law is crucial. This lecture provides an overview of that relationship, outlining its […]

I will argue that although the common law seems to permit cumulative causes of action within its domestic context (See Henderson), this doesn’t automatically translate to an application within a “conflicts” context. The main hurdle to this “automatic translation” is the coming into force of certain European legislative instruments such as such as the Regulation […]

The nature of terms can be determined as a subject of any contract, which is to be set out. A term allows two parties having a binding obligation,. This allows them to perform a contract. The distinction between terms and representations can be stated as two different issues. This is because a term is an […]

Two or more parties come to an agreement through a contract where each pledges to either perform or abstain from certain actions. The key components of a legally binding contract include the offer, acceptance, consideration, capacity of the involved parties, and a legal purpose. Such contracts may be formed among individuals, businesses or a mix […]

According to Bruce’s letter about his acquisition of a previously-owned Mercedes from Asbury Motors, a probable form of action is misrepresentation. As per common law, misrepresentation is characterized by a false statement of fact communicated by a party to another party. Although not an explicit term of the contract, the main reason for its formation […]

It is generally accepted within the law of contract that the ideal[s] of contractual fairness and liberty should prevail in contractual disputes. Central to these ideals is the doctrine of consideration and the principles within this doctrine such as, the lack of adequacy needed for consideration and the rules derived from both Stilk v Myrick […]

As highlighted by Jill Pool in the text ‘Case Book On Contract 4th Edition’, the hypothesis advocated by many is that the eidolon of consideration is enough; the intention to create legal relations is not sine qua non. This essay embodies such a theory, which is also postulated by Hepple in his article “Intention To […]

Under the existing laws, the creation of a distinct being is permitted, irrespective of variations from state to state. This being is accountable for its own debts, while shareholders are only liable for their unpaid shares and not the obligations of the entity. The firm itself holds responsibility for its debts, so if its assets […]

The OAS member states are obligated by the American Declaration to protect inherent rights and take measures to prevent state or private actors from endangering these rights. The State’s responsibility for violating human rights is based on whether it was due to an omission or commission, and its reaction to harm caused to individuals’ protected […]

The limited liability partnership; A hybrid of two different forms of business organizations – the partnership and the company. The Limited Liability Partnership (LLP) was introduced as a new business entity in Singapore in 2005. Its definition under S14 of the Limited Liability Partnership Act (LLPA) shares a resemblance to S1 of the Partnership Act […]

I graduated in nineteen ninety three from the university of Sheffield. This seems like a long time ago now, however I have always striver towards my own constant personal development. During my training years at Sheffield if I am honest there was little or no training in Dental Law apart from a couple of lectures. […]

The suspect placed the highest bid for the plaintiff’s goods at an auction but withdrew it before the auctioneer struck down the cock, thereby signifying acceptance. As a result, it was determined that the suspect was not obligated to purchase the goods, as his bid was merely an offer that he had the right to […]