Common Law Essay Examples

Week 4’s management assignment, Gift 47.1, reviews a span of 12 years where the father of Theodore Alexander Buder kindly bestowed his minor grandchildren with gifts. During this time, Theodore Buder and his spouse underwent a divorce. The presents were primarily checks written directly to the kids but were transferred to Buder under an understanding […]

Common law, which is judge-made law used in courts to resolve cases and make decisions, is not bound by the constitution or any statute. Instead, it is defined by courts and applied by judges based on sense and logic rather than policies and laws. Sense and logic are employed to solve various types of cases. […]

Traditional international law asserts several modes of acquiring territory as cession, occupation, prescription, accretion, and conquest. Cession refers to the transfer of a territory to another state by an agreement or treaty. Traditional international law asserts that a state can acquire sovereignty over another territory in cases where that sovereignty is ceded effectively through agreement […]

Before we proceed to examine more about Duty of Care, it will be helpful to consider the way in which this concept is used by the courts. Duty of care can be broken down into two questions:  rst one which is general and determined as a matter of law and policy; followed by one which […]

According to Keller v. Inland Metals All Weather Conditioning, Inc, the case raises the question of whether there was an express warranty based on the conversations between both parties. If an express warranty was made, then the determination hinges on whether or not the company violated the warranty. The circumstances indicate that the Keller’s required […]

Should a party to a lawsuit have to hand over its confidential business secrets as part of a discovery request? Why or why not? What limitations might a court consider imposing before requiring ATC to produce this material? The party to the lawsuit should hand over information during the discovery phase. However, discovery is allowed […]

Introduction The term “CAVEAT EMPTOR” indicates let ‘buyer bewares. ‘ This rule used to generally apply to all sales, especially between individuals. It gives the buyer full responsibility for determining the quality of the goods in question. The seller generally has no duty to offer warranties or to disclose defects in the goods. However, as […]

Introduction In week three we were provided with two scenarios and were asked to analyze the tort actions found in both. The first scenario involves fans and participants at a football game; including a father and son, and angry fan, stadium workers, and other spectators. Actions that transpire include the spilling of beer on one […]

Piercing the veil is one of the most discussed and litigated doctrines in all of corporate law. A company has a corporate personality distinct from its members. From the juristic point of view, it is a legal person distinct from its members. This is the principal laid down in Salomon v. Salomon & co. ltd. […]

The Mischief Rule is a rule of construction that judges can apply in statutory interpretation in order to discover Parliament’s intention. In applying the rule, the court is essentially asking the question: what was the “mischief” that the previous law did not cover, which Parliament was seeking to remedy when it passed the law now […]

INTRODUCTION AND RATIONALE OF QUASI CONTRACTS Under the general heading of the Quasi contract there has been grouped a number of cases which have little or no affinity with contract. A simple illustration is afforded by the action to recover money paid by mistake. If the plaintiff on an erroneous interpretation of the facts, pays […]

If the trust between the agent and principal has broken down, it is not reasonable to allow the principal to remain at risk in any transactions that the agent might conclude during a period of notice. An agency may come to an end in a variety of ways:  by the principal revoking the agency – […]

The customer pays a fee for the letter of credit and agrees to reimburse the issuer for any funds paid to the beneficiary. The issuer must honor the beneficiary’s demand for payment as long as it meets the conditions of the letter of credit, including presenting required documents. (D. According to Brinkman (1997), letters of […]

What Is The Law Of Tenancy By The Entirety? ANSWER: An estate held in tenancy by the entirety is limited to “homestead” property held by a husband and wife “during coverture. The Illinois statute authorizing transfer of property into tenancy by the entirety states as follows: “Whenever a devise, conveyance, assignment, or other transfer of […]

The case of Snyder v. Turk p40 involves the Procedural History regarding a directed verdict for Dr. Turk where the lower court found an absence of evidence showing his intention to cause personal injury. A directed verdict is a ruling by a trial judge that removes the case from the jury because the evidence supports […]

Nowadays, more and more people are choosing to live in the city. They are willing to leave their homes and migrate to the city because there are plenty of job opportunities and entertainment in the city. However, without them realizing it, there are many disadvantages of living in the city. This is because the people […]

Introduction Alternative Dispute Resolution has multiple interpretations. According to Gramberge (2001: pp. 3-5), harmonizing is the process of structured informal dialogue with the help of a third party. Grace (2002) adds that it includes all forms of conflict resolution other than litigation, such as processes that result in a settlement. In simpler terms, as stated […]

Gilbert Lopez and Mark Kuhrt, former chief accounting officer and controller for R. Allen Stanford, have each received a 20-year prison sentence for their roles in concealing Stanford’s $7 billion Ponzi scheme. In November, they were convicted of conspiring to hide the fraudulent activity. The sentencing occurred yesterday in Houston under the supervision of U.S. […]

Abstract The rate of expansion achieved in a short period of time is astonishing. From the creation of the personal computer in the early 1980s to numerous households owning two PCs by the turn of the millennium, the advancements are remarkable. In the business world, numerous office cubicles now have multiple PCs, illustrating the significant […]

Jason Van Dyke, a Chicago Police Officer, was found guilty of second-degree murder for the 2014 killing of Laquan McDonald. Initially, reports claimed that McDonald had assaulted Van Dyke with a three-inch knife, thus seemingly justifying the shooting. However, videos released by the Chicago Police later discredited this account and depicted McDonald walking away from […]