11. Interference with Chattels

2019 ◽  
pp. 375-386
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Common Law ◽  
Legal Rules ◽  
The Common ◽  
Collective Term

This chapter discusses trespass to goods, conversion, and negligence. The present law of trespass to chattels is governed by the Torts (Interference with Goods) Act 1977, which introduces a collective term ‘wrongful interference with goods’ to cover trespass, conversion, negligence, and any other tort resulting in damage to goods or to an interest in goods. The Act abolishes the tort of detinue, but otherwise has little or no impact on the principles of liability developed by the common law: thus, the nomenclature and substantive scope of the common law claims remain significant to this day in understanding the legal rules in this area.

11. Interference With Chattels

2013 ◽  
Author(s):  
Simon Deakin ◽  
Angus Johnston ◽  
Basil Markesinis
Keyword(s):  
Common Law ◽  
Legal Rules ◽  
The Common ◽  
Collective Term

This chapter discusses trespass to goods, conversion, and negligence. The present law of trespass to chattels is governed by the Torts (Interference with Goods) Act 1977, which introduces a collective term ‘wrongful interference with goods’ to cover trespass, conversion, negligence, and any other tort resulting in damage to goods or to an interest in goods. The Act abolishes the tort of detinue, but otherwise has little or no impact on the principles of liability developed by the common law: thus, the nomenclature and substantive scope of the common law claims remain significant to this day in understanding the legal rules in this area.

Boundaries of Criminal Liability: Participation in Crime, Preparatory Offences and Omissions

2020 ◽  
Vol 53 (3) ◽  
pp. 392-408
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Review Essay ◽  
Criminal Liability ◽  
Common Law ◽  
Civil Law ◽  
Legal Rules ◽  
Core Concepts ◽  
The Common ◽  
Anglo American

The book Core Concepts in Criminal Law and Criminal Justice: Anglo-German Dialogues is the first volume of an Anglo-German project which aims ‘to explore the foundational principles and concepts that underpin the different domestic systems and local rules’. It offers comparative perspectives on German and Anglo-American criminal law and criminal justice as ‘examples of the civil law and the common law worlds’. The comparisons ‘dig beneath the superficial similarities or differences between legal rules to identify and compare the underlying concepts, values, principles, and structures of thought’. The review essay focuses on the topics of omissions, preparatory offences, and participation in crime, all of which extend the typical criminal liability. It presents the comparative German and Anglo-American perspectives discussed in the book with regard to each topic and adds the perspective of Israeli criminal law. It points out the features common to all these topics as an extension of criminal liability and discusses the underlying considerations that justify the criminalisation of omissions, preparatory offences, and participation in crime. In evaluating whether extending criminal liability in these contexts is justified, the review essay suggests reliance on two main notions: that of ‘control over the commission of the offence’ and that of ‘liberty (or personal freedom)’.

scholarly journals Consent for Non-Therapeutic Male Circumcision on Religious Grounds

2009 ◽  
Vol 91 (2) ◽  
pp. 152-154 ◽  
Author(s):  
Richard Robinson ◽  
Erica Makin ◽  
Robert Wheeler
Keyword(s):  
Male Circumcision ◽  
Service Providers ◽  
Common Law ◽  
Case Note ◽  
Parental Consent ◽  
Retrospective Case ◽  
Legal Rules ◽  
The Common ◽  
Surgical Unit ◽  
Case Note Review

INTRODUCTION The aim of this study was to assess whether surgeons are conforming to guidance laid down by professional organisations and the courts in obtaining dual parental consent for non-therapeutic circumcision. PATIENTS AND METHODS A retrospective case-note review over a 12-month period (April 2005 to April 2006) of circumcisions in boys under the age of 16 years in a tertiary paediatric surgical unit was undertaken. RESULTS A total of 62 boys aged 1–14 years (median age, 4 years) underwent non-therapeutic circumcision. Written consent from both parents was obtained in only 4 cases (6.4%). In no case was written consent obtained from the patient or their views documented. In 58 cases, the written consent was provided by only one parent; the mother in 34 (55%), the father in 24 (45%). Of these 58 cases, in 25 (43%) both parents attended with the child on the day of surgery. CONCLUSIONS The data reveal a consistent non-conformity with recommended practice and the common law. It seems unlikely that the doctors involved are deliberate and inveterate law-breakers. The reason for this non-compliance may be ignorance of the rules, or due to the impracticality of their implementation. There is evidence that doctors are ignorant of the legal rules pertaining to their patients, and the results may reflect this ignorance. However, there are also practical difficulties in obtaining dual consent that may be partially responsible for the variance. Inevitably, investment will be required to overcome these difficulties. Cost may tempt service providers to abandon the provision, leaving parents to their own devices.

Innovations in Law

2020 ◽  
pp. 317-347
Author(s):  
B. Zorina Khan
Keyword(s):  
Common Law ◽  
Adjustment Costs ◽  
The United States ◽  
Legal Rules ◽  
Disruptive Technologies ◽  
Socioeconomic Changes ◽  
Long Run ◽  
Short Run ◽  
The Common

Administered systems involve regulation, while efficient markets in ideas require secure property rights and appropriate adjacent institutions. Disruptive technologies typically lead to institutional bottlenecks, which then require accommodations in legal rules and their enforcement. U.S. policy toward innovation and enterprise has always been distinguished by the central role of law and the judiciary. The evolution of legal rules and standards in the United States reveals a remarkable degree of flexibility and responsiveness to innovations. In the short run, the common law economized on legal adjustment costs through “adjudication by analogy,” whereas, in the long run, socioeconomic changes wrought by major inventions ultimately produced more fundamental adjustments in adjacent institutions. This institutional elasticity can be contrasted with the lack of transparency and rigidity that characterized most administered innovation institutions.

A Critical Analysis of the Law of Stalking in Scotland

2009 ◽  
Vol 73 (1) ◽  
pp. 89-114 ◽  
Author(s):  
Sam Middlemiss ◽  
Laura Sharp
Keyword(s):  
Critical Analysis ◽  
Ad Hoc ◽  
Common Law ◽  
Legal Protection ◽  
Monitoring And Control ◽  
Legal Rules ◽  
Cast Doubt ◽  
Statutory Protection ◽  
The Common ◽  
And Control

This article analyses the current law of stalking in Scotland in the light of various legal changes which have taken place since the enactment of the Protection from Harassment Act 1997. The various types of crime that can apply to stalking in Scotland are given detailed consideration particularly in relation to monitoring and control of stalkers and enforcement of legal measures against them. Changes in the common law rules dealing with criminal law in Scotland have cast doubt on its continued ability to deal with this problem and the complex, ad hoc nature of statutory protection introduced in recent years against stalkers in Scotland has done little to provide certainty in this area. Although the legal rules in England dealing with this are by no means perfect the utilisation of the two criminal offences in the Protection from Harassment Act 1997 to combat stalking behaviour has had some success. The current legal rules in Scotland are compared with those in England where arguably there is a more developed system of legal protection.

Comparative Property Law

2006 ◽  
pp. 1042-1070 ◽  
Author(s):  
Sjef Van Erp
Keyword(s):  
International Business ◽  
Economic Integration ◽  
Common Law ◽  
Property Law ◽  
Legal Rules ◽  
The Common ◽  
Free Movement Of Goods ◽  
Legal Integration ◽  
Comparative Property ◽  
Global Economic Integration

The number of studies in comparative property law has recently been growing as a result of efforts to harmonize, or unify, certain aspects of property law in areas crucial for international business transactions. Increasing regional and global economic integration has led to a growing awareness that the divergence of legal rules may lead to inefficiency and raise transactions costs. In Europe the four economic freedoms (free movement of goods, persons, services, and capital), laid down in the treaty establishing the European Community, have a growing influence on property law. Comparative property law, once considered to be fairly static, is turning into an increasingly dynamic field of law. This is to a considerable degree a consequence of European and global economic integration, and the resulting legal integration. The national property laws, whether belonging to the civilian or the common law tradition, will all be affected by this change.

The Efficient Breach Theory under Jordanian Civil Law

2016 ◽  
Vol 30 (4) ◽  
pp. 336-356
Author(s):  
Yusuf Mohammed Gassim Obeidat
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Good Faith ◽  
Breach Of Contract ◽  
Law System ◽  
Legal Rules ◽  
Specific Performance ◽  
History Of ◽  
The Common ◽  
The Right

This study examined the ‘efficient breach’ theory and its possible application under Jordanian Civil Law. The theory says the promisor has the right to breach a contract and pay damages whenever his profit from breach exceeds his expected profits from performance. As a prerequisite for its application, the theory requires the general remedy for breach to be the payment of damages, rather than forced performance. Thus, the main area for its application is the common law system, since it favours damages as a primary remedy. This study reached the conclusion that the theory cannot work under Jordanian Civil Law, where the primary remedy for breach of contract is specific performance, that forces the promisor to complete the contract. In addition, it contradicts the good faith principle that Jordanian law is based upon, amongst other principles, and goes against the history of Jordanian legal rules.

The Context of Common Law

2019 ◽  
pp. 227-358
Author(s):  
Uwe Kischel
Keyword(s):  
Legal System ◽  
Common Law ◽  
Legal Principles ◽  
Legal Rules ◽  
Judicial Decisions ◽  
The Common ◽  
The Law ◽  
Law Courts ◽  
Individual Decisions ◽  
Working Out

This chapter focuses on common law. The common law is distinguished as a legal system developed by cases—that is, by judicial decisions. Put simply, the common law judge derives the law from previous decision of other judges. Even more importantly, common law courts typically do not create abstract legal rules to decide future cases. The method of the common law is not focused on deductively deriving results from general legal principles, but rather on inductively working out principles from individual decisions. This means that only judges themselves remain as creators of law. According to this view, common law would actually be judge-made law, a view also common among comparative lawyers.

Sign in / Sign up

Export Citation Format

Share Document