Questions tagged [common-law]

For questions regarding English common law, or legal systems based on judge-made law descended from it.

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Is there a legal analogy of a publisher for physical things

Background Long and complex story short, we're essentially building a legal & software framework for self-organizing 'ad-hoc' organizations. It seems like some set of our issues could be solved ...
Seppo420's user avatar
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4 votes
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Automating online job application systems (applicant tracking software) is legal?

Application tracking software or job application software is annoying most of the time. They ask you to fill out loads of information along with your resume, even if your resume has most of it. People ...
Sreekr's user avatar
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Is it ever possible to "sell" the right to action a tort?

Suppose Bob discriminates against Alice on a date 1/1/2023. Alice has a right to sue Bob for this discrimination for some limited period, but she doesn't care to bother with the hassle of pursuing ...
TylerDurden's user avatar
2 votes
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29 views

What is intermediate between a particular case citation and time immemorial?

What is intermediate between a particular case citation and time immemorial? Often, common law precedents are cited by the cases that established them replete with the exact year of the precedent case....
JosephCorrectEnglishPronouns's user avatar
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0 answers
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How did marriage certification deviate away from the older idea of common law marriage?

I'm seeking to better understand the history of how marriage licenses came about, and specifically, the transition from cohabitation and public announcement of the marriage to requiring a literal ...
Regional Director's user avatar
2 votes
0 answers
65 views

Condonation of Delay petition

How do I write a condonation of delay petition on a land issue to Revenue divisional officer? Is there any rule that only lawyer should write this condonation of delay petition? If not please ...
krishna kaanthh's user avatar
1 vote
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71 views

Common law occupation/"co-tenancy" rights trumping lease restrictions on cohabiting or reassigning?

If I'm not mistaken, under s30, Family Law Act 1996 a tenant's spouse or partner implicitly has the same rights to occupy a dwelling let by the tenant themselves and various illegal eviction rulings ...
JosephCorrectEnglishPronouns's user avatar
1 vote
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Is (at least) 28 days and a sheriff court order always required to evict a Scottish common law tenant?

The one guaranteed condition is that the tenant does not live with their landlord. Regardless of what the tenancy agreement says, is a court order always required to evict such a common law tenant?
JosephCorrectEnglishPronouns's user avatar
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Is the law of Accord and Satisfaction a very undeveloped field?

I have tried to find cases of Accord and Satisfaction in the Jamaican Jurisdiction but there are hardly any. And the UK courts also only have a few of them. Do you know where I can get it? Moreover, ...
Adeen's user avatar
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Where can I find ‘The Common Law: Judicial Impartiality and Judge-Made Law’?

I’m working on the translation of a document, which quotes a substantial part of this text: ‘The Common Law: Judicial Impartiality and Judge-Made Law’ by H. K. Luke. After some research, I realized ...
MLD Traduction's user avatar
1 vote
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What is the scope of damages in common law fraud?

It appears to me that in case of fraud, the benefit-of-the-bargain rule defines the breadth and width of the liability of the tortfeasor in some U.S. states, and not strict liability. Do I understand ...
kisspuska's user avatar
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How distinct (un-continental) are the UK tax and accounting law and court decisions in tax and accounting cases?

UK has common law system which is based on the case law. But meanwhile there is ongoing efforts to codify some laws - e.g. there is https://www.legislation.gov.uk/ukpga/1994/23/contents Value Added ...
TomR's user avatar
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Is there legal recourse against revenge defecation?

TL;DR If someone were to maliciously defecate in their roommate's room, perhaps hiding it under their bed or in a drawer, what kind of legal action could their roommate take against them. Background ...
BlackThorn's user avatar
1 vote
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114 views

Possible consequences of bugging in game

Is it possible to suffer any consequences for the using bugs or programs that use these bugs, in multiplayer game where enter usually 20 - 60 players at the same time? Headquarter of the company is in ...
Tk1nter1's user avatar
1 vote
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525 views

How are damages calculated for intentional torts of assault and outrage?

Intentional torts like assault and outrage (a.k.a. infliction of emotional distress), or for that matter, dignitary torts (e.g., invasion of privacy, or alienation of affection) don't have readily ...
feetwet's user avatar
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1 vote
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Countries where re-sentencing is not allowed?

Are there any countries, where currently, a sentence cannot be appealed by the prosecution's side for being unduly lenient? For example, someone is given a year suspended sentence for burglary, and ...
user5623335's user avatar
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Would using a parasite be Assault with a Deadly Weapon?

What crime would be committed if an Offender inserted a parasite into a victim's ear? This would be involuntary and for malicious purposes. The outcome could range from short-term discomfort to severe ...
user5623335's user avatar
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Universal Credits and community service?

I have read many cases of criminals within the United Kingdom, focusing on England and Wales, being given community service rather than a prison sentence. What I am curious to discover is whether they ...
user5623335's user avatar
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1 answer
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Does the phrase exclusive possession actually denote a covenant or "implied term" of tenancies which landlords must respect, as is often claimed?

Or is it more a taxonomical device used to deduce as to whether or not a given agreement for accommodation is legally to be deemed a tenancy? In other words, considering the following quotation from ...
JosephCorrectEnglishPronouns's user avatar
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Do lies about privileged conversations break the privilege?

It's generally the rule that communications seeking or providing legal advice are privileged if they are made in a confidential context, and that the client can erode or destroy the protection of ...
bdb484's user avatar
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Claiming *forum non conveniens* after extended "shadow litigation"

Can someone claim that a particular forum is inconvenient after challenging service through a proxy (the recipient), thus essentially "shadow litigating" intensively for an extended period ...
Mike's user avatar
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What is meant by Capacity to Perform Juristic Acts

What is the difference between Capacity to Act and Legal Capacity?
MarieJGrate's user avatar
-1 votes
2 answers
66 views

Is "accusing one liable to offence" indirectly libel?

Suppose there are three people, A, B, and C. A and B has a personal dispute, all parties know each other, and on one day, B's private chat group was attacked and destroyed by an unknown person, whose ...
Thomas Hung's user avatar