Common Law Essay Examples

Plaxico Antonio Burress was born on August 12, 1977 in Norfolk, Virgina. Burress is an American football wide receiver who is currently a free agent. He has played in the National Football League for the Pittsburg Steelers and the New York Giants. In Burress’s college years, he set a big ten conference single-season record by […]

The House of Lords has declared that the system of precedent is an indispensable foundation providing certainty in the law. Explain how the system of precedent operates to pursue the goal of certainty whilst ensuring that certainty does not result in rigidity. Judicial precedent: A judgment of a court of law cited as an authority […]

The case of Carlill v Carbolic Smoke Ball is one of the most important cases in English legal history. It was so confident of the usefulness of the carbolic smoke ball, and its ability not only to cure but also to prevent someone from getting the flu, that it advertised on the following basis: (Anyone […]

The appellant (“Tay”), who was a publicaccountant, appeared before an Inquiry Committee (“IC”) appointed by the respondent (“PAB”), where he faced 19 charges concerning breaches of professional and technical standards. The appellant was then suspended for 18 months on the ground of professional misconduct. On appeal, he denied the allegation of professional misconduct and asserted […]

The State of U. P and Allied Constructions have signed a contract to build a bridge at Munda Khera Scape for an estimated cost of Rs. 37.2 lakhs. However, during the construction, the work area experienced flooding during the nights of August 25 and 26, 1991. The contractor’s claim for a loss caused by flooding […]

Introduction Two jurisdictions of law exist in Australia: equity and common law. ‘Equity is ‘the body of law developed by the Court of Chancery in England before 1873. Its justification was that it corrected, supplemented and amended the common law. It softened and modified many of the injustices at common law, and provided remedies where, […]

The primary purpose of the Will is to accommodate the last wishes of a testator with respect to the distribution of his or her property in a manner that is formal, public and verifiable in writing. Section 9 of the Wills Act 1837 as subsequently amended indorses this concept by providing for a Will be […]

According to the Encyclopedia Britannica’s article entitled, Exclusionary Rule (2008), exclusionary rule is that principle in United States law that provides that “evidence seized by police in violation of the Fourth Amendment to the United States Constitution may not be used against a criminal defendant at trial”. It is, according to the article The Exclusionary […]

Although the contract may have the essentials of a valid offer, acceptance, legal intentions and consideration, its validity or enforceability may be affected by a number of factors. The agreement may be wanting in genuine consent between the parties. That is, although the parties may appear to have reached an agreement, it may not have […]

In my essay, I will initially discuss the concept of formality and its requirements under S.53 (1) (c) LPA 1925. To support my explanation, I will provide case examples. Additionally, my essay will address the issues related to Inland Revenue. Finally, I will conclude my essay. The primary goal of formality requirements is to prevent […]

To fully understand the argument that Collins puts forward, it is a good idea to look at what he is saying in a wider context. Clearly no test can be completely objective – judges and juries are all human. In any case what is a reasonable third party? Reasonable and accountable to whom? And what […]

An offer is an announcement of a person’s willingness to enter into a contract. To be an offer, there must be more than an indication of an interest in making a contract. An offer is capable of being converted into an agreement by acceptance and must consist of a definite promise to be bounded, provided […]

The Act provides a detailed legislative scheme to allow contracting parties to provide a benefit to a third party and enforceable by the same. Made in response to great criticism of the privity rule, since its enactment it has received almost universal praise. However, it has created a number of not insubstantial problems, the principal […]

Courts will refuse to enforce a contract, which has come into existence whereby an individual has been induced to enter into it by means of pressure brought to bear upon them, so as to influence their own independent judgement. For quite some time the only tool the courts had to deal with these instances was […]

When surveying Europe’s legal landscape, English law’s refusal to incorporate a general duty of good faith identifies it as somewhat of an oasis, standing in stark contrast to those around it. Yet in examining the net result of those ‘piecemeal solutions’ used in its place, is it truly so adrift? If, after all, these present […]

Promissory estoppel is of a different nature from the doctrine of consideration. Some may contend that it is unnecessary to have promissory estoppel since consideration will suffice for justice; there are also economic arguments that extra costs may be involved to disclaim promissory intentions in a gratuitous promisei. I however, disagree and the reasons are […]

Introduction In the modern era of development and technological advancements, a constitution is a necessity of every country in order to have an organised institutional authority. The constitution may be written, unwritten, codified or uncodified. The most general classification of a constitution is codification or lack of it. The constitution delves into the very essence […]

BUS 204 and placed the mixture on a chair within her reach. She took the poison and died several hours later. Mr. Roberts admitted placing he poison within her reach but denied having the required mental state for first-degree murder ecause he was responding to his wife’s request and was motivated by love and mercy. […]

Introduction In Administrative Law, it is essential to use discretionary powers judiciously and without bias. The judiciary often assesses the fairness and reasonableness of individuals exercising these powers. This discourse will examine how case law establishes measures to prevent the unjust exercise of discretionary powers. This text examines the manifestation of abuses and the rules […]

Culbertson v. Brodsky “A contract in which there is no consideration moving from one party, or no obligation upon him, lacks mutuality, is unilateral, and unenforceable. ” Texas Farm Bureau Cotton Ass’n v. Stovall, 113 Tex. 273, 253 S. W. 1101 (1923). Culbertson v. Brodsky case is an example of the illusory promise situation. An […]

In early 2000, an African-American name James Daniel, Jr applied for an Executive Team Leader position with Target. He was given tests, which he passed placing him in a very high percentile of those who have been previously tested. Unfortunately he was not hired, and was given the explanation of not meeting the requirements of […]

What is conspiracy? Conspiracy is an agreement by two or more people to commit an illegal act (Anderson & Gardner, 2013, p. 179). Most people now days would rather pay someone to commit the crime for them, so that it won’t come back on them, but that doesn’t work. What is hearsay? Hearsay is the […]