to read the accounts and, had he done so, he would probably have discovered the extent of the defendant’s misrepresentation. It was held, nonetheless, that the plaintiff had relied on the false statement and was therefore entitled to rescission of the contract. If Redgrave v Hurd was decided today, it might be necessary to reconsider whether the court was correct in reaching this conclusion. It is clear that the common law counterpart of a misrepresentation, namely the negligent misstatement, requires reasonableness of reliance. At the very least, this issue should be ‘centre stage’ today. How would it be resolved? Policy dictates that if the misrepresentation is fraudulent an opportunity of inspection (spurned or taken) should not bar reliance on the misrepresentation. To hold otherwise would be a green light for the more effective ‘con artist’! If, on the other hand, the misrepresentation is wholly innocent (particularly if greater expertise resides in the representee) reliance may not be reasonable. As regards negligent misrepresentation, the policy to be adopted is not clear; perhaps the answer lies in the respective skill and knowledge of the parties, particularly as it has now been recognised that at least for the purposes of an action under s2(1) of the Misrepresentation Act 1967, apportionment of damages for contributory negligence is a possibility.

1995 ◽  
pp. 233-233
Keyword(s):  
Common Law ◽  
Green Light ◽  
The Other ◽  
False Statement ◽  
Other Hand ◽  
Contributory Negligence ◽  
The Common ◽  
Con Artist

Common Lawà l'americaine

1966 ◽  
Vol 1 (4) ◽  
pp. 562-579 ◽  
Author(s):  
A. M. Apelbom
Keyword(s):  
Common Law ◽  
The Other ◽  
British Occupation ◽  
Other Hand ◽  
Two Generations ◽  
The Common ◽  
English Law ◽  
Considerable Body ◽  
Clear Line

Eighteen years after attaining independence Israel remains essentially a common law country. Introduced by the British Mandatory administration to supplement the Ottoman legislation in force at the time of the British occupation of Palestine, the common law has been retained by the Israeli legislator, so far as not modified or replaced by local legislation. But this common law, far from being residual only, also embraces a considerable body of interstitial law developed by two generations of judges, British, Palestinian and Israeli, in the process of applying and interpreting statute law—whether Ottoman, Mandatory or Israeli—according to common law methods. On the other hand the importation of common law institutions was neither wholesale nor systematic and in a number of fields no clear line of demarcation can be drawn between domestic and English law.

scholarly journals An Investigation into the Rule of Action in the Penal System

2016 ◽  
Vol 9 (2) ◽  
pp. 96
Author(s):  
Sahar Zadnahal ◽  
Iraj Goldozian
Keyword(s):  
Criminal Law ◽  
Common Law ◽  
The Other ◽  
Penal System ◽  
Legal Systems ◽  
Criminal Proceedings ◽  
Injured Person ◽  
Other Hand ◽  
The Common ◽  
Research Studies

<p>According to definite jurisprudential principles and rules, when a person acts against himself and accepts the incurrence of damage, he will be deprived of all or some part of the claim for compensation. The rule of action constitutes the basis of this lack of benefit in Islamic and Iran’s law, while the principles of consent and participation in the fault underlie it in the common law. Studying research studies conducted in relation to the rule of action in Iran and Britain’s law it could be argued that the rule of action is among the cases discussed in criminal law and on the issue of causality in punishment. On the other hand, in criminal proceedings, in Iranian and British legal systems, this issue has been mostly discussed regarding the aspects of imposing damage and calculation of costs thereof. Therefore, if someone is acting to the detriment of himself and is causing damage to himself, in addition to the issue of liability removal, in which the accused may be acquitted from his responsibility, there is no need for the accused person to pay compensation to the injured person.</p>

The Devil's Daughter of Hell Fire: Anger's Role in Medieval English Felony Cases

2016 ◽  
Vol 35 (1) ◽  
pp. 155-200 ◽  
Author(s):  
Elizabeth Papp Kamali
Keyword(s):  
Cultural Context ◽  
Methodological Approach ◽  
Common Law ◽  
The Other ◽  
Other Hand ◽  
Legal Texts ◽  
Different Types ◽  
Sorting Process ◽  
The Common ◽  
The One

During the period at issue in this paper–the thirteenth and fourteenth centuries, when trial juries were first employed in English felony cases–felonious homicide was a catch-all category, with no formal distinction drawn between murder and manslaughter. Nevertheless, juries did distinguish among different types of homicide as they sorted the guilty from the innocent, and the irremediably guilty from those worthy of pardon. Anger was one of the factors that informed this sorting process. This paper builds upon an earlier analysis of the meaning of felony, which posited that the medieval paradigm of felony was an act that involved deliberation and forethought, an exercise of a person's reasoning capacity and volition in the absence of necessity, and moral blameworthiness. Anger complicates this scenario. On the one hand, anger was seen to be a product of an ill-formed conscience. This potentially placed anger within the felonious area of moral blameworthiness. On the other hand, anger in its more extreme manifestations was seen to inhibit a person's ability to reason and to inspire behavior resembling insanity, thereby possibly pointing toward a partial excuse. This paper takes a fresh methodological approach for the study of emotion in the common law, placing legal texts within a broader cultural context in order to illuminate the concerns and priorities of jurors.

The Rubicon of Language

2018 ◽  
Author(s):  
Sebastian Lecourt
Keyword(s):  
The Other ◽  
Racial Identities ◽  
Other Hand ◽  
Max Müller ◽  
The Common ◽  
Human Capacity ◽  
The One ◽  
Religious Differences

This chapter considers a series of formative debates in British anthropology from the 1840s through the 1860s and uses them to map out the two dominant constructions of religion whose politics the subsequent authors in this study would reinvent. It describes, on the one hand, a liberal and evangelical construction of religion as the common human capacity for spiritual cultivation, and on the other hand a conservative, reactionary model that interpreted religious differences as the expressions of fixed racial identities that neither civilization nor Christianization could erase. In the work of the Oxford philologist F. Max Müller we see how the former model tended to associate religion above all with language. But we can also see the subtle forms of determinism that it contained—an ambiguity that Arnold, Pater, Eliot, and Lang would explore by picturing racialized religion as a resource for liberal self-cultivation.

scholarly journals The Impact of Human Capital on Stocks Performance in Emerging Markets: Evidence From Egypt

2020 ◽  
Vol 10 (1) ◽  
pp. 73
Author(s):  
Walid Abouzeid ◽  
Sharihan Mohamed Aly
Keyword(s):  
Human Capital ◽  
Emerging Markets ◽  
Banking Sector ◽  
The Other ◽  
Common Stock ◽  
General Tendency ◽  
Other Hand ◽  
The Common ◽  
The Impact ◽  
Statistical Results

This study attempts to investigate the impact of human capital on the common stock's return. The population of the study is Egyptian companies listed at the Egyptian exchange (EGX) due to 2014-2018. The statistical results indicate that there is a general tendency to change common stock's hold return to the corporation's human capital, and it is significant at 0.01 levels. In other terms, it can be stated that the corporation's human capital has a significant impact on common stock's hold return in the Egyptian corporation, and according to Adjusted R-squared the corporation's human capital explain a 57.8% from the change common stock's hold return.so; led to the impact of human capital on creating value of common stock. This can be traced back to investing in "the development and researches" on the other hand besides training, therefore medicine and technology companies get affected through these fields of development researches areas; however companies in industrial and banking sector get impacted by training field.

scholarly journals Rethinking Hijab in Contemporary Indonesia: A Study of Hijab Community “Tuneeca Lover Community”

2019 ◽  
Vol 4 (2) ◽  
pp. 214-221
Author(s):  
Wardah Nuroniyah
Keyword(s):  
Social Class ◽  
Qualitative Method ◽  
Public Domain ◽  
The Other ◽  
The Public ◽  
Other Hand ◽  
The Common ◽  
The Veil ◽  
The One ◽  
Common Perception

Hijab (veil) for female Muslims has been subject to a debate regarding its meanings. On the one hand, it represents the virtue of religious obedience and piety. Still, on the other hand, it is associated with the form of women oppressions in the public domain. At this point, the hijab has been an arena of contesting interpretations. Meanwhile, contemporary Indonesia is witnessing the increase in the use of veil among urban female Muslims that leads to the birth of various hijab wearer communities. One of them is Tuneeca Lover Community (TLC). This community has become a new sphere where female Muslims articulate their ideas about Islam through various activities such as religious gathering, hijab tutorial class, fashion show, and charity activities. This study seeks to answer several questions: Why do these women decide to wear a hijab? Why do they join the TLC? How do they perceive the veil? Is it related to religious doctrines or other factors such as lifestyle? This research employs a qualitative method using documentation and interview to gather the data among 150 members of the TLC.  This research shows that their understanding of the hijab results from the common perception that places the veil as a religious obligation. Nevertheless, each of the members has one's orientation over the hijab. This paper also suggests that they try to transform this understanding into modern settings. As a consequence, they are not only committed to the traditionally spiritual meaning of the hijab but are also nuanced with modern ideas such as lifestyle and particular social class. Their participation in the TLC enables them to reach both goals simultaneously.

Ruskin's Reputation in the Eighteen-Fifties : The Evidence of the Three Principal Weeklies

PMLA ◽  
1948 ◽  
Vol 63 (2) ◽  
pp. 678-685 ◽  
Author(s):  
J. D. Jump
Keyword(s):  
The Other ◽  
Common Belief ◽  
William Morris ◽  
Other Hand ◽  
The Common ◽  
Pre Raphaelites ◽  
The Times ◽  
Eighteen Fifties

Mr. R. H. Wilenski protests against the common belief that Ruskin was a kind of Art-Dictator of England in the eighteen-fifties. Ruskin, he says, was not a best-selling author during that decade; nor, on the other hand, was he respected by established artists and architects. So slight was his repute, indeed, that his letters to the Times in May 1851 can have done little to influence either the general or the specialist public in favor of pre-Raphaelitism. This drastic revision of accepted notions has had surprisingly little effect. In Mr. Paul Bloomfield's William Morris, Ruskin appears once more as the critic who gave “status” to the Pre-Raphaelites; and Mr. William Gaunt declares that on May 13, 1851, “an eagle scream was heard, a mighty talon hovered over the correspondence columns of The Times. It was Ruskin to the rescue. The Pre-Raphaelites had found a champion.” Neither of these writers mentions Wilenski's dissent.

Duty Not To Accept Benefits From Third Parties

2017 ◽  
Author(s):  
Tamlyn Lloyd ◽  
Haywood Marcus
Keyword(s):  
Conflicts Of Interest ◽  
Common Law ◽  
Third Parties ◽  
The Other ◽  
The Common ◽  
Breach Of Duty

One of the consequences of the common law principle that a director must avoid conflicts of interest was that a director could not have an interest in a transaction with the company unless he had disclosed all material facts about the interest to the members and they had approved or authorized his having the interest. Authorization by the board was not sufficient. If the other party to the transaction had notice of the irregularity, the company might rescind the contract. The director might also be liable for breach of duty and under a duty to account for profits obtained by reason of such dealings.

Part III The right To Terminate, 5 Breach of Condition

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
The Common ◽  
The Right

This chapter focuses on breach of condition. The first situation in which termination will be available is where the other party has broken a ‘condition’. A condition is a stipulation in a contract, be it a contract of sale or some other contract, the breach of which gives rise to the right to ‘treat the contract as repudiated’. When is a term a ‘condition’? A term can be made a condition either by express stipulation or by implication. The chapter then distinguishes condition from various other concepts with which it may appear to have similarities, but which work in different ways. It also looks at time stipulations and the divergent approaches of the common law and equity to time stipulations.

Part II Formation, 6 Consideration

2021 ◽  
Author(s):  
Andrews Neil
Keyword(s):  
Common Law ◽  
The Other ◽  
Modern Development ◽  
The Common

If the contract has not been formalized as a deed, the agreement will be recognized as legally effective only if the party suing has provided something at the other party’s request as a bargained element. The doctrine continues to apply, but some of its extensions have been either abandoned or diluted. The doctrine of consideration applies not just to initial agreements but to agreements to vary contracts. In the variation context, a notable modern development is that a promise to pay more for performance can be enforced if the court can identify that the promise of extra remuneration is underpinned by a commercial advantage to the person expecting performance. This is the ‘practical benefit’ aspect of variation agreements. Also in the context of variations, the Common Law continues to refuse to recognize a gratuitous promise to extinguish or reduce a debt which has accrued under the contract. It remains controversial whether there is any equitable qualification on this last proposition if the debtor has acted in reliance on the promised and favourable variation made by the creditor.

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