Part I Introduction, 2 The Genesis of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Future Performance ◽  
Contractual Term ◽  
History Of ◽  
English Law ◽  
The Law

This chapter explains how English law got to the point it is at now where it treats breach of condition and fundamental breach as the grounds on which a contract may be terminated. It differentiates between conditions and warranties. Breach of condition is where a contractual term of sufficient importance to justify the non-breaching party terminating the contract is breached. Breach of warranty is where the non-breaching party is only permitted an action for damages. The chapter then assesses the concepts of frustration and frustrating breach, and traces the history of the development of the law on frustration. A contract is frustrated when some unforeseeable supervening event occurs that without the fault of either party essentially destroys the bargain they have made. Where a contract is frustrated, both parties are released from their obligations of future performance.

Introduction

2016 ◽  
Author(s):  
Kurt X. Metzmeier
Keyword(s):  
American Revolution ◽  
Common Law ◽  
Political Environment ◽  
American Law ◽  
History Of ◽  
Background History ◽  
English Law ◽  
The Law ◽  
State Subsidies ◽  
Law Reports

The introduction provides the background history of American law reporting. After the American Revolution, the early law reporters helped create a new common law inspired by the law of England but fully grounded in the printed decisions of American judges. English law reports, whose reporters eventually achieved the same authority as their reports, were the model. It took time for the first state opinions to appear in print because publication was not commercially feasible. The first law reporters collected the opinions of the court, selected the best, and financed their printing; later they received state subsidies. The early Kentucky law reports were extensions of the personalities of their creators, an individualistic group of rising young lawyers, future and former judges, aspiring politicians, and enterprising journalists. The history of Kentucky courts and the state’s political environment are also surveyed.

scholarly journals XXII.—Some Historical Aspects of the English Law of Attainder and Forfeiture for High Treason

Archaeologia ◽  
1883 ◽  
Vol 47 (2) ◽  
pp. 409-428
Author(s):  
Alfred Bailey
Keyword(s):  
Middle Ages ◽  
Proper Understanding ◽  
Historical Aspects ◽  
Wars Of The Roses ◽  
History Of ◽  
English Law ◽  
The Law ◽  
The Middle Ages

A knowledge of the working of the English Law of Attainder and Forfeiture for High Treason is essential to a proper understanding of the History of England in the Middle Ages, especially during the period of the Wars of the Roses.Perhaps the working of the law can be shown best in individual cases. Let us select as examples the fortunes of the dignities and estates which but for forfeiture and other intervening circumstances would have centred in the ill-fated Edward Earl of Warwick, last male scion of the splendid House of Plantagenet.

AN EMPIRE OF LIGHT? LEARNING AND LAWMAKING IN THE HISTORY OF GERMAN LAW

2005 ◽  
Vol 64 (2) ◽  
pp. 481-500 ◽  
Author(s):  
Stefan Vogenauer
Keyword(s):  
Nineteenth Century ◽  
Twelfth Century ◽  
German Law ◽  
Roman Law ◽  
History Of ◽  
English Law ◽  
The Law ◽  
University Town ◽  
Law Professors ◽  
John Austin

JOHN Austin, having spent the winter term of 1827/28 in the idyllic and peaceful Rhenanian university town of Bonn, far away from the bustle of London and the irritating failures he had suffered at the chancery bar, was unrivalled in his admiration for the modern version of Roman law as it had been interpreted, refined and further developed by the German scholars of his time. It was, he exclaimed, “greatly and palpably superior, considered as a whole, to the law of England. Turning from the study of the English to the study of the Roman law, you escape from the empire of chaos and darkness, to a world that seems by comparison, the region of order and light”. How he longed to be as acknowledged and as influential as one of the great expositors of that law. “I was born out of time and place”, he is reported to have lamented, “I ought to have been a schoolman of the twelfth century—or a German professor”. His desire was rather understandable, given that the nineteenth century English law professors regarded themselves as “a feeble folk.

The Publication of Sir Edward Hyde's Consideraciones at Madrid in June 1650

1989 ◽  
Vol 19 (4) ◽  
pp. 447-459
Author(s):  
Albert J. Loomie
Keyword(s):  
Western Europe ◽  
Law Of Nations ◽  
History Of ◽  
English Law ◽  
The Law ◽  
Charles Ii

In the biography of Sir Edward Hyde, his visit to Madrid between November 1649 and March 1651 has usually been neglected for the little that is known about it is largely found in the episodes recalled nearly two decades later in Book XIII of his History of the Rebellion. Yet his sojourn, for close to a year and a half, at the court of Philip IV deserves attention since during it he published anonymously in Spanish an eloquent short pamphlet defending the legitimacy of Charles II’s right to the English throne, while he denounced the Commonwealth as a tyrannical usurpation of authority without a basis in English law or the law of nations. The occasion was the unexpected murder of Anthony Ascham, the diplomatic agent of the English régime, early in June 1650 in the capital by six young English royalists. While writing in their defence Hyde presented one of the earliest examples of his case to earn diplomatic support for the exiled Charles II by the Catholic kings of western Europe and the papacy during the coming decade.

The Law of Defamation in Scotland

1938 ◽  
Vol 6 (3) ◽  
pp. 327-338
Author(s):  
Lord Normand
Keyword(s):  
Canon Law ◽  
Civil Law ◽  
Two Systems ◽  
History Of ◽  
English Law ◽  
The Law ◽  
The One

There are differences between the law of Scotland and the law of England on Defamation which cannot readily be accounted for by any differences in the sources of the two systems. In some chapters of jurisprudence Scots law has derived from the Civil law or the Canon law characteristics which distinguish it from English law. But Scotland has not made substantially larger draughts on these special sources than has England in forming the principles of its law of defamation. Nor can it be said that Stair, who contributed so much to the formation of Scots law, made any marked contribution here. In the one brief passage (Inst. I, ix, 4) in which he treats of defamation he leaves it to be supposed that the law of Scotland, so far as claims for damages for defamation are concerned, and apart from minor differences of procedure, is identical with the law of England. ‘Such actions’, he says, ‘upon injurious words, as they relate to damage in means, are frequent and curious among the English, but with us there is little of it accustomed to be pursued, though we own the same, grounds, and would proceed to the same effects with them, if questioned.’ It sometimes happens that differences between Scots law and English law are to be explained by differences in the history of the Courts and of jurisdiction in the two countries. But this explanation is at first sight of little avail in the chapter of defamation, and some at least of the distinctive differences which will be described must be referred to other causes.

Winner of the SLS Annual Conference Best Paper Prize 2010: ‘Veritas non est defamatio’? Truth as a defence in the law of defamation

Legal Studies ◽  
2011 ◽  
Vol 31 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Eric Descheemaeker
Keyword(s):  
Common Law ◽  
Annual Conference ◽  
The Past ◽  
History Of ◽  
English Law ◽  
The Law

Despite the limited exception introduced by statute in 1974, the principle that truth is and ought to be a complete defence to all actions in defamation is typically regarded as self-evident in modern English law. The fact that England stands here against not only the whole of the civilian tradition but also a number of common-law jurisdictions suggests, however, that it is not. This paper, after surveying the history of the principle in English law and the debates that it has spurred in the past, argues that English law is right on this question, but needs to understand more cogently why. This, in turn, requires an examination of the interests protected by the cause of action. It is only if we accept that it is, and is solely, reputation founded in character that the defence of veritas will be secured.

scholarly journals Sprawozdanie z konferencji „English Law and Colonial Connections: Histories, Parallels, and Influences”. On-line Conference

2021 ◽  
Vol 14 (2) ◽  
pp. 285-286
Author(s):  
Izabela Leraczyk
Keyword(s):  
The World ◽  
History Of ◽  
On Line ◽  
English Law ◽  
The Law ◽  
The University

Report of the “English Law and Colonial Connections: Histories, Parallels, and Influences”. On-line Conference The: “English Law and Colonial Connections: Histories, Parallels, and Influences conference” was held over the course of two afternoons, on January 26–27, 2020. It was organized by the Faculty of Law and Administration of the University of Łódź and Northumbria University in Newcastle. The symposium’s goal was to bring together researchers with interests in the history of English law and its influences on other parts of the world, particularly within an imperial context. An additional topic of the conference was the meaning of legacies and continuing influences of the empire and colonial influences of the law back to the Metropole. Nine lectures were delivered over the course of four sessions.

scholarly journals THE RENAISSANCE OF ENGLISH LEGAL HISTORY

2021 ◽  
Vol 80 (S1) ◽  
pp. S91-S106
Author(s):  
D.J. Ibbetson
Keyword(s):  
Legal History ◽  
European Continent ◽  
Major Break ◽  
History Of ◽  
English Law ◽  
The Law

AbstractJohn Baker's “English Law and the Renaissance” is perhaps the most significant paper in English legal history to appear in the Cambridge Law Journal. In many ways it was a response to, and development from, F. W. Maitland's Rede Lecture with the same title, published some 80 years previously. Baker's paper marks a punctuation in his study of English law under the early Tudors, a subject which he has made his own, culminating in his magisterial sixth volume of The Oxford History of the Laws of England. In addition, it marked a major break with the earlier orthodoxy that English law in this period was fundamentally distinct from the law which was developing on the European continent. The present paper explores both of these themes.

نظام التوثيق وأثره في إدارة الأصول الوقفية في دولة الإمارات العربية المتحدة: نماذج من إمارة الشارقة (Documentation System and its Impact on Endowment Managements in United Arabic Emirates: The Study of Emirate of Sharjah)

2019 ◽  
Vol 16 (2) ◽  
pp. 166-193
Author(s):  
مها بنت منصور الصائغ
Keyword(s):  
Human Life ◽  
Documentation System ◽  
The People ◽  
Endowment Management ◽  
Long Time ◽  
History Of ◽  
The Law

شهد تاريخ الأمة الإسلامية حضارة ونهضة عالمية في جميع مجالات الحياة الإنسانية، ومما كان له كبير الأثر في ذلك هو الأوقاف التي بدأت مع سيد البشرية محمد صلى الله عليه وسلم واستمرت بتنوع وشمولية إلى عصرنا الحالي؛ ولكن ما تعرضت إليه الأوقاف من إهمال وإقصاء وضياع يرجع لأسباب عديدة من أهمها غياب التوثيق الوقفي. تقوم الدراسة على تتبع مفهوم الوقف والتوثيق، والوقف في الإمارات العربية المتحدة ول سيما في إمارة الشارقة. توصلت الدراسة إلى نتائج منها: أن الأوقاف قائمة منذ زمن بعيد، وأن رغبة الواقف بالوقف وإقدامه عليها لم ينقصها سوى وثيقة، وأنه لا وثائق لها ولا مستندات، كما أن العرض الموجز لنشأة دائرة الأوقاف بالشارقة وسعيها لإحياء سنة الوقف ونشر ثقافته نراه يتضح شيئاً فشيئاً من خلال تفعيل مواد القانون والبحث حول الأنسب والأصح لحماية الأوقاف، ولم يكن هذا الاهتمام بالوقف إلا انعكاساً لتوجه الواقفين وتماشياً لرؤية الحكام وامتثالاً لنهج خير الأنام ورغبة في تكافل الأرواح وحباً للسلام. الكلمات المفتاحيّة: الوقف، التوثيق، المقارنة، الشارقة. Abstract The history of Islamic nation has witnessed a global civilization and it has had a great impact in all areas of human life, including the endowments that began with the master of humankind; Muhammad S.A.W. and it was continuing in diversity and comprehensively until our epoch. However, there are some problems related to endowment management such as negligence, exclusion and loss that due to many reasons. Among the most important reasons is the absence of endowment documentations. Therefore, the study aims to discuss the concept of endowment and documentation, as well as the endowment in United Arabic Emirates, especially in the Emirate of Sharjah. The study concluded that the practice of endowment has been existed for a long time, yet there are in need of endowment documentations. This study also found that the information related to the establishment of institution of endowment in Sharjah and its role has   spread widely to the people through the enforcement of the law and the implementation of the research related to the practice of endowment in order to sustain them in a good way. This documentation system was only a reflection of what has  stated in Shariah laws regarding the practice of endowment among the donors, so that it will be in line with the approach of good intentions and love of peace. Keywords: Endowment, Documentation, Comparison, Sharjah.   

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