General introduction to English Law, principles of civil and criminal liability, the litigation process

Author(s):  
J. Miller
Author(s):  
Eric Baskind

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter provides a general introduction to sale of goods law in the UK. It explains the sale of goods contract, why there is a different framework for these types of contract under English law, and the specific legislation for contracts of sale of goods and other relevant transactions. The chapter considers the statutory definitions for contract, property, and goods, and discusses the distinction between sales and agreements to sell, between specific goods and unascertained goods, and between existing goods and future goods. The chapter introduces and provides an analysis of the Consumer Rights Act 2015 which subsequent chapters then build upon. Finally, it examines contracts other than of sale of goods.


1972 ◽  
Vol 30 (1) ◽  
pp. 87-119 ◽  
Author(s):  
P. R. Glazebrook

The sharp contrast between the vast number of detailed statutory provisions defining particular offences and the small handful of widely phrased provisions concerned with the general principles of criminal liability is, perhaps, the most striking feature of English criminal law, and, like the continued co-existence of both common law and statutory offences, one of the unhappy consequences of England's failure to enact a penal code. Among the few statutory provisions laying down general principles of liability or excuse there is none which comprehends a defence of necessity, and so commentators have inevitably looked to the case law for an answer to the question: Is there in English criminal law a defence of necessity? by which they have meant: Is there a defence of necessity in the sense in which there is a defence of, for instance, insanity, or infancy, or duress or prevention of crime? To the question understood in that sense, the answer returned must, it is thought, be a plain No. To ask and to answer the question in that sense may, however, be misleading: it may be more revealing (as this paper suggests) to ask, How does English law handle the plea of necessity when it arises? What, in other words, is the juristic technique employed?


2010 ◽  
Vol 59 (1) ◽  
pp. 1-24
Author(s):  
J R Spencer ◽  
Marie-Aimée Brajeux

AbstractThis article first examines criminal liability for negligently causing death or injury in English law, which it shows to be both complex and confused. It then examines French law on the subject, which at first sight appears both simpler and more rational, but has run into a number of difficulties in practice. A third and final section considers whether the French experience provides any useful lessons for the possible reform of English law.


1999 ◽  
Vol 23 (12) ◽  
pp. 749-750
Author(s):  
Maureen McKane

Sir: Thompson (Psychiatric Bulletin, August 1999, 23, 449–451), states ‘the Suicide Act of 1961 prohibits others from encouraging suicide’, and concludes that there may, therefore, exist ‘legal grounds' sanctioning suicide Websites. These suggested measures include possibly tracing Vulnerable individuals' who have disclosed suicidal thoughts, or who have communicated, for example, by way of the site bulletin board, that they have just acted on their suicidal ideation. Yet, it is difficult to see how there could be legal grounds propelling health care professionals (presumably), or any other individual, into such interventions. The Suicide Act 1961, prohibits the ‘aiding and abetting’ of suicide, but this is not necessarily synonymous with merely ‘encouraging’ suicide per se. Criminal liability arises in circumstances where a person takes active steps in assisting the suicide of another, such as by telling someone the amount of a drug required to secure death and leaving this within their reach. The Suicide Act 1961 does not extend to Scotland, although any individual taking similarly unambiguous steps to assist another in suicide might face ‘art and part’ liability in the aiding and abetting of a suicide, possibly resulting in a charge of culpable homicide. Neither does it apply to other countries, and it must be borne in mind that assistance in suicide is not a crime everywhere. Therefore, there can exist no competent application of the English law or governmental quantitative targets over the conduct of others in a wholly different jurisdiction.


Author(s):  
Eric Baskind

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter provides a general introduction to sale of goods law in the UK. It explains the sale of goods contract, why there is a different framework for these types of contract under English law, and the specific legislation for contracts of sale of goods and other relevant transactions. The chapter considers the statutory definitions for contract, property, and goods, and discusses the distinction between sales and agreements to sell, between specific goods and unascertained goods, and between existing goods and future goods. The chapter introduces and provides an analysis of the Consumer Rights Act 2015 which subsequent chapters then build upon. Finally, it examines contracts other than of sale of goods.


Author(s):  
Luqman Abdullah ◽  
Muhammad Ikhlas Rosele ◽  
Wan Marhaini Wan Ahmad

Contrary to English law, classical fiqh does not have any clear discourse on the issue of the legal entity. In these modern times, however, it is important that this concept be given a jurisprudential review so that Islamic fiqh could keep abreast of the ever-changing and complex problems faced by Muslims. These include the imposition of zakat and the will on institutions and criminal liability of a company. A number of studies have been conducted on this issue and scholars have discussed their differing views. This study contributes to the literature through an analysis of the legal entity based on the views of classical and modern literature in relation to Islamic law and English law. For clarity and better understanding, the study provides a comprehensive picture of the concept by focusing on the notion of business accepted in English law. A qualitative approach had been adopted and the literature was synthesised inductively, deductively, and comparatively. The findings indicate a dichotomous view of the issues surrounding the concept of legal entity. Based on the analysis of the said discourse, it is found that such a concept has long existed and is embedded in Islamic law.


2017 ◽  
Vol 10 (5) ◽  
pp. 8
Author(s):  
Majid Sarbazian ◽  
Mehdi Sokhanvar ◽  
Abedin Rahimi Pordanjani

Explaining the principles of civil liability in cases that someone injured bodily is now one of the most important issues of law. In fact, in these cases, the question is why someone should compensate other damage? While has not been violated of the contract. If doing the action is allowed, and the subject has the legal authority to do it or fault or bad intention does not occur from him, can be imagined again a responsibility for him? In this regard, civil and criminal liability separate from each other and each is analyzed separately. Foundations of theoretical, practical, legal and in addition to these, in our rights jurisprudence foundations have been added to the former cases. Each of these has sub sets, and each tried to explain that when someone injured bodily the other, why and how to compensate? Who should compensate? To compensate, what must be proved? And of course, in similar cases, results are obtained that each has minor and sometimes major differences. Now, the theoretical foundations (fault, risk, etc.) are accepted and analyzed in Iranian law and in English law, but absolutely none of them have gone towards one of the comments.


Sign in / Sign up

Export Citation Format

Share Document