(c) the judgment of Lord Bridge; (d) list words and phrases that you do not know, check them out in a dictionary or in the text for sense, and make a full summary of the judgment in no more than 300 words making sure you include the discussion or issues. DO NOT CONTINUE OVER UNTIL YOU HAVE COMPLETED (1)–(5). WHEN YOU HAVF FINISHED, CONTINUE BELOW… • Did you find all the facts and issues? • Did you correctly ascertain the procedural history? Check your summary against the diagram in Figure 4.12, below. This diagram was constructed by a careful reading of the headnote together with the introductory summaries made by the law reporter of the decisions in the earlier courts and in the court deciding the actual report being read. These explanations are the reporter’s summaries and do not form part of the law. Sometimes it has been known for the headnote to actually be wrong. So it is always best to read the judgment to double-check the facts, issues and procedural history.

2012 ◽  
pp. 96-97
Keyword(s):  
Form Part ◽  
The Law

Compensation for tenants’ improvements: a valediction?

Legal Studies ◽  
1991 ◽  
Vol 11 (2) ◽  
pp. 119-130 ◽  
Author(s):  
Michael Haley
Keyword(s):  
Potential Benefit ◽  
Common Law ◽  
Form Part ◽  
The Law

At common law, any improvements made by a tenant (unless classified as ‘tenants’ fixtures' and, thereby, removable) form part of the freehold and, at the end of the lease, must remain for the reversioner. Subject to the law of waste and to any contrary stipulation in the lease, the tenant remains free to carry out improvements, but is not entitled to compensation. This common law approach can be viewed as a potential benefit to landlords when the improvement adds to the value of the reversion. It may, however, stand as a disincentive to tenants who might otherwise have effected improvements to their properties. It has fallen to Parliament to redress what is widely regarded as this lack of equity.

7. Interpreting the terms

Contract Law ◽  
2017 ◽  
Author(s):  
TT Arvind
Keyword(s):  
Form Part ◽  
English Law ◽  
The Law

This chapter considers how the courts make sense of contracts whose terms are capable of more than one interpretation. It begins by discussing two broad approaches to construing contracts, both of which have influenced English law and both of which continue to form part of the law: literalism and contextualism. It then examines the role English law currently assigns to literalism and contextualism and how the courts decide which to apply, with particular emphasis on the Investors rule and contextual readings. It also evaluates an alternate remedy known as rectification and concludes with an analysis of the limits of construction and the law of mutual mistake.

A Matter for Professional Judgement in the Matter of the Perfect Profits PLC Pension Scheme

1992 ◽  
Vol 43 ◽  
pp. 554-554
Author(s):  
James MacNeill ◽  
J. L. Stephens ◽  
T. M. Ross
Keyword(s):  
Pension Scheme ◽  
Professional Conduct ◽  
Complex Series ◽  
Form Part ◽  
The Law ◽  
Professional Judgement

In giving their advice, actuaries form part of a complex series of interlocking relationships – pensions advice must take account of the Trust Deed, the Faculty's and the Institute's Rules of Professional Conduct and the law.The law is paramount as interpreted by judges. Lawyers and judges have little difficulty in investigating transactions of many years ago – what was deemed normal and proper by actuaries then could well not be perceived by the court as reasonable – either then or now. The fact that everyone does it may be a defence against negligence – or it may not.

4.3 The internal layout of legislation: a statute There is a standard method of laying out statutes which, when recognised and understood, becomes a great help for analysis or evaluation. Most large statutes will be divided into parts for ease of reference. Each part will deal with different aspects of the overall collection of rules and their meanings. Each part contains sections which give more details in each area. Where appropriate, sections will deal with definitions. Sections can be further divided with the use of arabic numerals into sub-sections. Sub-sections are capable of further division, with the use of roman numerals, into paragraphs. Paragraphs can be further divided with alphabetical ordering into sub-paragraphs. At the end of the statute, there will often be schedules and these are numerically divided as well. These deal further with matters raised in the various parts. Schedules can only relate to previous sections in the Act. They cannot create anything new without an anchoring in the main body of the statute. All statutes also contain marginal notes, headings and sub-headings. These organising devices, however, are said not to form part of the law. Correct understanding of the relationship between parts, sections, sub-sections, paragraphs, sub-paragraphs, marginal notes, headings and schedules enables the general layout of the Act to be ascertained. Assistance is also obtained from the ‘long title’ of the Act, which looks more like a long sentence about what the statute is about! Central to the analysis of statutes is the ability to understand these intratextual relationships. Figure 3.8, below, sets out the general layout of statutes and Figure 3.9, below, is an annotated first page of the Human Rights Act. Figure 3.8: general layout of statutes

2012 ◽  
pp. 56-56
Keyword(s):  
Human Rights ◽  
Standard Method ◽  
Main Body ◽  
Form Part ◽  
Human Rights Act ◽  
The Law ◽  
Correct Understanding ◽  
The Relationship

Wavelet Analysis on the Distribution of the Streambed Forms

2014 ◽  
Vol 1030-1032 ◽  
pp. 965-968
Author(s):  
Huai Xiang Liu ◽  
Yi Liao ◽  
Le Li ◽  
Chang Ming Wang
Keyword(s):  
Numerical Analysis ◽  
Wavelet Analysis ◽  
Field Work ◽  
Bed Forms ◽  
Form Part ◽  
The Law ◽  
Natural Rivers

As a prevalent phenomenon, there are many streambed forms in rivers. The distribution of them was obviously in certain orders. This paper carried out numerical analysis and field work in natural rivers, to study the law of streambed forms' distribution. The results indicated that: A streambed profile can be considered as an overlay of two parts: the average streambed line which reflect the total slope (called 'Trend part'); the wave line vibrating along this average streambed line which reflect the effect of bed forms (called 'Form part'). The two parts were then distinctively separated by the wavelet analysis. Then the distribution of bed forms can be calculated and analyzed more scientifically.

Viking and Laval: Issues of Horizontal Direct Effect

2008 ◽  
Vol 10 ◽  
pp. 525-540 ◽  
Author(s):  
Alan Dashwood
Keyword(s):  
International Law ◽  
Direct Effect ◽  
Legal Order ◽  
Member States ◽  
Community Law ◽  
Court Of Justice ◽  
Form Part ◽  
The Law ◽  
Horizontal Direct Effect

It is more than 40 years since the Court of Justice first articulated in Van Gend en Loos the principle that has come to be known as the direct effect of Community law, and which means, in broad terms, that rules derived from the EC Treaty, so long as they are capable of being applied using ordinary judicial techniques, form part of the law available to courts and tribunals in the Member States for resolving disputes before them. As the Court famously stated: … the Community constitutes a new legal order of international law ... the subjects of which comprise not only the Member States but also their nationals ... Independently of the legislation of Member States, Community law therefore not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage.

Res Gesta in Criminal Cases

1956 ◽  
Vol 14 (2) ◽  
pp. 199-215
Author(s):  
R. N. Gooderson
Keyword(s):  
Present State ◽  
Criminal Cases ◽  
Fresh Start ◽  
General Impression ◽  
Great Amplitude ◽  
Form Part ◽  
Firm Basis ◽  
The Law ◽  
The Many ◽  
Law Of Evidence

Sir Frederick Pollock once said that the phrase res gesta meant in English neither more nor less than part of the story. This indicates that the idea behind this principle of the law of evidence is fundamentally a simple one, yet the present state of the law is such that a learned judge may confess without shame that he sees as through a glass darkly, and of the writers, Wigmore and Julius Stone, despairing of finding any firm basis for any such principle, favour a fresh start upon a different foundation or foundations. The general impression conveyed to lawyers is of an idea of great amplitude, and one fraught with tremendous possibilities. Lord Blackburn, a Victorian common lawyer, and Harman J., a modern Chancery judge, both jocularly advise any counsel seeking to obtain admission of a doubtful piece of evidence to pin his faith in res gesta. The feeling that at a pinch the doctrine might give some relief is not unjustified. Owing to the many exclusionary rules of the law of evidence, it is rarely possible to tell a plain tale in court. The importance of the res gesta principle is that where it applies it will nullify certain of these exclusionary rules. An act, a declaration accompanying an act, or a mere declaration may form part of the res gesta. Before qualifying for admission, all such evidence must satisfy the test of relevancy in the sense of materiality. In the case of an act, this is normally the only test, at any rate if the act is offered in evidence for its own sake, and not as equivalent to an assertion of fact or opinion.

7. Interpreting the terms

Contract Law ◽  
2019 ◽  
pp. 176-206
Author(s):  
TT Arvind
Keyword(s):  
Form Part ◽  
English Law ◽  
The Law

This chapter considers how the courts make sense of contracts whose terms are capable of more than one interpretation. It begins by discussing two broad approaches to construing contracts, both of which have influenced English law and both of which continue to form part of the law: literalism and contextualism. It then examines the role English law currently assigns to literalism and contextualism and how the courts decide which to apply, with particular emphasis on the Investors rule and contextual readings. It also evaluates an alternate remedy known as rectification and concludes with an analysis of the limits of construction and the law of mutual mistake.

An Administrative Law Code for Wales: Benefits to Reap and Obstacles to Overcome

2018 ◽  
Vol 40 (3) ◽  
pp. 273-286
Author(s):  
David C Gardner
Keyword(s):  
Common Law ◽  
Radical Change ◽  
Administrative Law ◽  
Legislative Process ◽  
National Assembly ◽  
Form Part ◽  
The Common ◽  
The Law ◽  
Near Future ◽  
Law Commission

Abstract Wales is about to undergo a radical change to the legislative process. In line with the recommendations of the Law Commission in the report Form and Accessibility of the Law Applicable in Wales, Wales will soon see its first modern legal codes. A decision will need to be made on how the law in Wales will be codified and in what areas. This article will seek to provoke discussion and argue that a code bringing together the principles of administrative law should in the near future form part of the codification programme. The article will propose a model of codification that will incorporate current principles of administrative law and supplement those principles for the benefit of the principle of good administrative justice. The article will also discuss the extent to which the National Assembly has legislative competence to make an administrative law code for Wales. Finally, the article will discuss the current common law nature of administrative law in Wales and argue that codification would bring clarity and certainty without removing the safety and flexibility of the common law.

scholarly journals I. On the formation of continuous tabular masses of stony lava on steep slopes; with remarks on the mode of origin of Mount Etna, and the theory of 'craters of elevation.'

1859 ◽  
Vol 9 ◽  
pp. 247-254
Keyword(s):  
Steep Slope ◽  
Mount Etna ◽  
Volcanic Origin ◽  
Great Height ◽  
Form Part ◽  
The Law ◽  
Steep Slopes ◽  
Continuous Beds ◽  
Conical Form ◽  
Compact Rock

The question whether lava can consolidate on a steep slope, so as to form strata of stony and compact rock, inclined at angles of from 10° to more than 30°, has of late years acquired considerable im­portance, because geologists of high authority have affirmed that lavas which congeal on a declivity exceeding 5° or 6° are never con­tinuous and solid, but are entirely composed of scoriaceous and frag­mentary materials. From the law thus supposed to govern the con­solidation of melted matter of volcanic origin, it has been logically inferred that all great volcanic mountains owe their conical form prin­cipally to upheaval or to a force acting from below and exerting an upward and outward pressure on beds originally horizontal or nearly horizontal. For in all such mountains there are found to exist some stony layers dipping at 10°, 15°, 25°, or even higher angles; and according to the assumed law, such an inclined position of the beds must have been acquired subsequently to their origin. After giving a brief sketch of the controversy respecting "Craters of Elevation," the author describes the results of his recent visit (October, 1857) to Mount Etna, in company with Signor Gaetano G. Gemmellaro, and his discovery there of modern lavas, some of known date, which have formed continuous beds of compact stone on slopes of 15°, 36°, 38°, and, in the case of the lava of 1852, more than 40°. The thickness of these tabular layers varies from 1½ foot to 26 feet; and their planes of stratification are parallel to those of the overlying and underlying scoriæ which form part of the same currents. The most striking examples of this phenomenon were met with—1st, at Aci Reale; 2ndly, in the ravine called the Cava Grande near Milo, where a section of the lava of 1689 is obtained; 3rdly, in the precipice at the head of the Val di Calanna, in the lava of 1852-53; and 4thly, at a great height above the sea near the base of the Montagnuola.

Sign in / Sign up

Export Citation Format

Share Document