Bourhill v. Young

1944 ◽  
Vol 8 (3) ◽  
pp. 265-273 ◽  
Author(s):  
A. L. Goodhart
Keyword(s):  
Recent Case ◽  
Complete Agreement ◽  
Text Book ◽  
Difference Of Opinion ◽  
Nervous Shock ◽  
The Law

In an article in the Canadian Bar Review on the recent case of Bourhill v. Young Dr. Cecil Wright says that this is ‘one of the most important decisions in the law of tort which has appeared since Donoghue v. Stevenson.’ But, as he points out thereafter, it is difficult to determine from the speeches of the law lords exactly what principles it has established concerning the ‘ambit of risk’ or the extent of liability for nervous shock. That this doubt is fully justified is shown by the fact that Professor Winfield in his Text-book of the Law of Tort deals with the case in the section entitled ‘Remoteness of consequence (or damage)’ while Dr. Stallybrass suggests that it is primarily authority on the problem of negligence. Perhaps this difference of opinion reflects a certain degree of uncertainty in the judgments themselves, for their Lordships, although reaching the same conclusion, do not seem to have been in complete agreement concerning the grounds on which they did so.

Act of State as a Defence Against a British Subject

1968 ◽  
Vol 26 (1) ◽  
pp. 102-130 ◽  
Author(s):  
J. G. Collier
Keyword(s):  
Constitutional Law ◽  
Attorney General ◽  
Recent Case ◽  
Correct Interpretation ◽  
House Of Lords ◽  
Difference Of Opinion ◽  
The Law ◽  
Court Of Appeal

The law surrounding the doctrine of act of state is perhaps one of the most confusing parts of constitutional law, for both its meaning and application are susceptible of several different interpretations. In particular the rule that act of state can be no defence against an action by a British subject, or, to put it more precisely, that there can be no act of state between the Crown and a British subject is one whose limits are not entirely clear. The recent case of Naim Nissan v. Attorney-General has brought the matter to the fore in what is thought to be a novel situation, wherein the question arose whether act of state can be a defence to an action by a British subject if the act has been executed by the Crown outside the Crown's dominions. The case gave rise to a difference of opinion between the judge at first instance and the Court of Appeal, and now that leave to appeal has been granted to the House of Lords, there arises an opportunity to examine act of state in several of its aspects.In this discussion it will be argued that the law as it appears now to stand is not necessarily a correct interpretation of the precedents, and that if it is, occasion now presents itself for a fresh formulation of the rules upon a more logical and up-to-date basis.It is first proposed to explain what is meant by the term “act of state” in this context, to try to establish its relationship with the prerogative, and to examine two aspects of it, that is (i) where a claimant is attempting to use an act of state as the foundation of his action, and (ii) where the Crown is attempting to defeat an action by an individual by the plea of act of state.

On the Application of Makeham's Modification of Gompertz's Expression for the Law of Mortality to the Practical Calculation of the Values of Survivorship Benefits

1894 ◽  
Vol 31 (5) ◽  
pp. 337-361
Author(s):  
Francis E. Colenso
Keyword(s):  
Practical Calculation ◽  
Text Book ◽  
The Law

The value, to the practical actuary, of Makeham's formula for the law of mortality, as a means of facilitating the calculation of joint-life benefits, is well established. Considerable use, for instance, is undoubtedly made of the tables appended to the second volume of the Institute Text-Book, in questions of everyday occurrence involving the computation by the HM Tables of annuities on three or four lives. In like manner, where the employment of Carlisle annuities is desirable, the tables prepared in 1880 (see J.I.A., xxii, 191), by Messrs. George King and G. F. Hardy, afford a ready means of obtaining results which are at once consistent, and substantially in agreement with values derived directly from the parent table. With regard, however, to the calculation of contingent survivorship benefits, it seems worthy of consideration whether something may not be done to render expressions based upon Makeham's formula better adapted than they are, in the shape in which they are usually presented, to meet the exigencies of practical requirements.

On the stability of crystal lattices. II

1940 ◽  
Vol 36 (2) ◽  
pp. 173-182 ◽  
Author(s):  
Rama Dhar Misra
Keyword(s):  
Potential Energy ◽  
The Body ◽  
Complete Agreement ◽  
Stability Conditions ◽  
Crystal Lattices ◽  
Cubic Lattices ◽  
Simple Lattice ◽  
The Face ◽  
The Law ◽  
The Stability

On the assumption that the potential energy of the three cubic lattices of the Bravais type consists of two terms, an attractive one proportional to r−m and a repulsive one proportional to r−n, n > m, stability conditions are expressed in the form that two functions of the number n should be monotonically increasing. These functions have been calculated numerically for n = 4 to 15, and are represented as curves with the abscissa n. The result is that the face-centred lattice is completely stable, that the body-centred lattice is unstable for large exponents in the law of force, and that the simple lattice is always unstable,—in complete agreement with the results of Part I.

Some Illustrations of the Employment of Summation Formulas in the Graduation of Mortality Tables

1907 ◽  
Vol 41 (3) ◽  
pp. 361-408 ◽  
Author(s):  
John Spencer
Keyword(s):  
Text Book ◽  
Original Series ◽  
Summation Formulas ◽  
Interesting Contribution ◽  
The Subject ◽  
The Law ◽  
Mortality Table

Mr. George King's recent investigation of the magnitude of the error introduced into certain functions of a mortality table following Makeham's law when these are re-graduated by summation formulas (J.I.A., xli, 54), has again attracted attention to the subject of the graduation of mortality tables, and has recalled the lively controversy which took place some years ago between Dr. Sprague and the late Mr. Woolhouse over the merits and demerits of the methods championed by those distinguished authorities. Not the least interesting contribution to the discussion which followed the reading of Mr. King's paper was furnished by Dr. Sprague himself, who wrote in defence of certain criticisms expressed by him with regard to methods of summation generally and Mr. Woolhouse's formula in particular. Dr. Sprague remarked that he had “objected to Mr. Woolhouse's “formula of graduation,on two grounds, which it has in common “with all other summation formulas; that is to say, (1) because “it does not remove the irregularities of the original series of “facts, but only reduces them, and (2) because it distorts the “law of the facts to a greater or less extent.” He went on to say that the results of his re-graduation of the HM (Text-Book) Table by Woolhouse's formula had led him to the conclusion that the second objection might be disregarded in practice, but that there still remained objection (1), which he considered by far the more important.

The Delivery of a Deed

1970 ◽  
Vol 28 (1) ◽  
pp. 52-74
Author(s):  
D. E. C. Yale
Keyword(s):  
The Other ◽  
Recent Case ◽  
The Law ◽  
Legal Sense

“The law as to ‘delivery’ of a deed is of ancient date,” said Lord Denning M.R. in a recent case, “but it is reasonably clear. A deed is very different from a contract. On a contract for the sale of land, the contract is not binding on the parties till they have exchanged their parts. A deed is binding on the maker of it, even though the parts have not been exchanged, as long as it has been signed, sealed and delivered. ‘Delivery’ in this connection does not mean ‘handed over’ to the other side. It means delivered in the old legal sense, namely, an act done so as to evince an intention to be bound. Even though the deed remains in the possession of the maker, or of his solicitor, he is bound by it if he has done some act evincing an intention to be bound, as by saying: ‘I deliver this my act and deed.’ He may, however, make the ‘delivery’ conditional: in which case the deed is called an ‘escrow’ which becomes binding when the condition is fulfilled.”

The Meaning of Hyperion

PMLA ◽  
1936 ◽  
Vol 51 (4) ◽  
pp. 1080-1097 ◽  
Author(s):  
James Ralston Caldwell
Keyword(s):  
Wide Difference ◽  
Difference Of Opinion ◽  
The Law ◽  
Proper Perspective

It is generally agreed that had either Hyperion or The Fall of Hyperion: A Vision been completed, the result would have been a lofty utterance of Keats' best wisdom in fundamental matters. As to what these matters and this wisdom comprised there has been wide difference of opinion, particularly in respect to Hyperion.* In The Fall the poet, speaking in his own person, gives us some pretty clear hints; in Hyperion we must guess the meaning from the nature of the story and the characters. Hyperion, the longer of the two, is usually held to be the better poem; it is certainly the more cryptic. It has been variously explained as signifying: “the unity of all existence”; “a self-destructive progress toward good … that beauty and not force is the law of this change … light and song passing into union and perfection out of elemental crudeness”; as “the old dynasty of formless powers, driven into oblivion by new creators of form and order”; as “the epic of the Revolutionary Idea”; and as the apotheosis of “disciplined imagination” and “a state in mental stature where all facts, pleasant or otherwise, will appear in their proper perspective.”

Turpitude and Title in England and India

1958 ◽  
Vol 16 (2) ◽  
pp. 199-217
Author(s):  
R. N. Gooderson
Keyword(s):  
Good Deal ◽  
Difference Of Opinion ◽  
English Law ◽  
The Law

The original object of this paper was to consider the main differences between the law in England and India as to the recovery of money paid, goods delivered or land conveyed under an illegal agreement, first by restitution where the property has already passed, secondly by retention of a prior rightful title, limited or general. It has, however, been found necessary to devote a good deal of attention to the English law. On investigation, the paths do not all prove to be as well trodden as might have been expected. Grodecki, Hamson and Howard Street, among others, have made valuable contributions in this field, but little attention has been paid to the interplay of the various maxims that have influenced the development of the law, and there seems never to have been any attempt to make a comprehensive statement of the various rules of English law applicable where one of the parties to an illegal agreement seeks to rely on his title. The absence of any such analysis has led to doubt and difference of opinion in India, which can be resolved if the English cases are placed in what is believed to be their true setting.

scholarly journals The Reality of Fine and Its Impact on Counter-Crimes A Research Study

2020 ◽  
Vol 20 (01) ◽  
Author(s):  
Dr. Khalil ur Rehman
Keyword(s):  
Research Study ◽  
Negative Effects ◽  
Natural Religion ◽  
Positive Effects ◽  
Difference Of Opinion ◽  
Negative Role ◽  
The Law

Crimes are inherently a bad thing, which is hated by every gentleman of society. Almost every society and every religion has enacted laws to prevent crimes. Since Islam is a natural religion, the laws of Islam are according to nature, in contrast to some of the laws of other religions, some are laws made by human wisdom, some of which are accept to Sharia. While some reject others. The implementation of all these laws must some effect impress on the prevention of crime.One of those laws is also the law of punishing extortionate or financial penalties. While there are positive effects of this law on anti-crime, the negative effects cannot be ruled out. Due to this law is causing the crime in society to increase rather than decrease. That is why there has been a difference of opinion among the scholars regarding the justification and non-justification of this punishment.Since financial penalties are officially have been implemented in most countries, including Pakistan, it is important to clarify that the Sharia justifies it or not? and what is its positive or negative role in anti-crime?

scholarly journals Kontroversi Hukum Rokok dalam Kitab Irsyād Al-Ikhwān Karya Syekh Ihsan Muhammad Dahlan

2017 ◽  
Vol 17 (2) ◽  
pp. 189
Author(s):  
R. Aris Hidayat
Keyword(s):  
Boarding Schools ◽  
Health Organizations ◽  
The Public ◽  
Clergy Health ◽  
Difference Of Opinion ◽  
Legal Position ◽  
The Law ◽  
The Government

<p>Fatwa MUI on illicit nature of cigarettes, sparking a debate in the public. Polemics involving the government, tobacco companies, tobacco farmers, cigarette consumers, clergy, health organizations and other community elements. Polemic about the law of cigarettes, according to the search on the manuscript, actually has been going on long before the fatwa MUI. It can be seen on a manuscript entitled Irsyad Al-Ikhwan, work of Sheikh Ihsan Muhammad Dahlan of Boarding Schools (Pondok Pesantren) Jampes Kediri East Java. According to Sheikh Ihsan, the legal position of smoking is found only opinions / ijtihad of the scholars alone, that would be deviation (there is a difference of opinion). Smoking is not a single legal position, some have argued haram, halal, permissible, and even beneficial makruh. It happens because there is a precondition in the case of smoking.</p><p>---</p><p><br />Fatwa MUI tentang sifat bahaya rokok, memicu perdebatan di masyarakat, yaitu polemik yang melibatkan pemerintah, perusahaan tembakau, petani tembakau, konsumen rokok, kyai atau tokoh agama, organisasi kesehatan dan elemen masyarakat lainnya. Polemik tentang hukum rokok, menurut hasil pencarian naskahnya, sebenarnya sudah terjadi jauh sebelum fatwa MUI dikeluarkan. Hal itu bisa dilihat pada manuskrip yang berjudul Irsyad Al-Ikhwan, karya Sheikh Ihsan Muhammad Dahlan dari Pondok Pesantren Jampes Kediri Jawa Timur. Menurut Sheikh Ihsan, posisi hukum merokok hanya merupakan opini / ijtihad para ulama saja, sehingga menimbulkan perbedaan pendapat. Posisi hukum merokok tidaklah tunggal, ada yang berpendapat haram, halal, diperbolehkan, dan bahkan makruh. Itu terjadi karena ada prasyarat dalam kasus merokok.</p><p> </p>

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