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29 votes

What is the status (and value) of the day’s unsold newspapers being put out for collection by the paper boy?

Paper put out for waste collection is owned by the waste disposal service Abdul's News & Wine contracts with the city's waste disposal company. Under that contract, he may give his waste to the ...
Trish's user avatar
  • 39.9k
20 votes
Accepted

Can a previously binding precedent be overturned based on its rationale being outdated?

An "outdated rationale" is one factor to be considered when overruling precedent. Yes. Precedent relies on respect for the principle of stare decisis, the idea that courts should stand by ...
bdb484's user avatar
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18 votes
Accepted

What is the principle of “finders keepers until the owner claims” called?

This common law property concept is sometimes called the "finders principle" or even sometimes simply "finders keepers." See e.g. Skrypnyk (Liddiard) c. R., 2014 QCCQ 21445, at ...
Jen's user avatar
  • 57.4k
17 votes
Accepted

Why are jurors still asked to apply the law if their primary role is to find facts?

Sometimes, juries are asked to make pure findings of fact. These are called special verdicts, and they used to be more common, especially when juries decided civil cases. For example, Trustees of ...
sjy's user avatar
  • 9,188
15 votes
Accepted

Is a mistakenly sent bank transfer a cause for unjust enrichment?

Not only does Bob have an unjust enrichment cause of action to demand that the recipient return the money, but the recipient can be criminally prosecuted if they refuse. Refusing to make reasonable ...
Acccumulation's user avatar
13 votes

Why are jurors still asked to apply the law if their primary role is to find facts?

It's impossible to fully separate deciding the law from deciding the fact. Without deciding what the law is, it is impossible to say what question of fact is relevant. No one can decide all possible ...
bdsl's user avatar
  • 902
12 votes
Accepted

When does transfer of ownership occur in amateur sale-purchase contracts?

In the united-states, the parties are generally free to agree to a different rule, but by default, the rule under UCC Article 2-401 is that: title passes to the buyer at the time and place at which ...
bdb484's user avatar
  • 60.4k
11 votes

Is common law required in the federal system in the US?

Since common law is subordinate to statutory law, any common-law jurisdiction can eliminate any part of common law by enacting a statute. Many US states have done this with criminal law, for example, ...
phoog's user avatar
  • 37.5k
11 votes

The principle of legality in criminal law, and the common law

The rough idea is that people are expected to know that it's wrong to bash other people over the head with a snooker cue, even if they can't cite the exact legal reason why this might be a criminal ...
alexg's user avatar
  • 6,875
10 votes

Is a mistakenly sent bank transfer a cause for unjust enrichment?

united-states Is a mistakenly sent bank transfer a cause for unjust enrichment? Yes. This is one of the paradigmatic, textbook fact patterns justifying an unjust enrichment claim.
ohwilleke's user avatar
  • 219k
9 votes

Why are jurors still asked to apply the law if their primary role is to find facts?

The broader answer to the "why don't you just..." question in the US is that it would require an amendment to the constitution, because jury trials are a protected right in criminal cases, ...
user6726's user avatar
  • 215k
9 votes

How is “R v. Smith” pronounced?

It varies. See Wikipedia: Case citation - Pronunciation of case titles: "When case titles are read out loud, the v can be pronounced, depending on the context, as and, against, versus, or vee.&...
Jen's user avatar
  • 57.4k
9 votes

Is there a list of doctrines and rationale in American common law that isn't based on codified laws and constitutional rules?

Short Answer Is there a list of doctrines and rationale in American common law that isn't based on codified laws and constitutional rules? No. There is really nothing so compact as a mere list. Long ...
ohwilleke's user avatar
  • 219k
8 votes

Is it true that common law courts will not resolve a question without a controversy?

united-states In U.S. law, federal courts may not consider matters that do not involve an actual "case or controversy" based upon the way that this language granting the federal courts ...
ohwilleke's user avatar
  • 219k
8 votes

Is it true that common law courts will not resolve a question without a controversy?

Yes … unless Parliament has given this power At common law, the courts can only intervene in matters of actual controversy. This goes as far as discontinuing a case if it becomes moot. However, ...
Dale M's user avatar
  • 211k
8 votes

Does the English or the American rule prevail in Canada?

canada The general rule is that the substantially successful party is entitled to "costs" on a prescribed scale (e.g. British Columbia; Manitoba) not full indemnity costs.
Jen's user avatar
  • 57.4k
8 votes

Is reasonable doubt that of >=9.1% probability?

Reasonable doubt is not a quantifiable concept. It is an error in law to instruct a jury to consider it in the manner you describe. Reasonable doubt is not amenable to mathematical calculation or even ...
Jen's user avatar
  • 57.4k
8 votes
Accepted

Is reasonable doubt that of >=9.1% probability?

I'm not aware of any jurisdiction that defines it numerically. england-and-wales The guidance is that the jury is directed like this: The prosecution must prove that D is guilty. D does not have to ...
Lag's user avatar
  • 17.2k
8 votes

Why is it not unjust enrichment to mistakenly fail to cancel a recurrent subscription charge?

If not, then what is different about these two scenarios? Bob has a contract. Alice doesn't. Bob thinks he cancelled the contract, but he didn't. His problem.
Greendrake's user avatar
  • 27.6k
7 votes

Why are jurors still asked to apply the law if their primary role is to find facts?

Guilty or Not Guilty is a fact This is obvious because the law can be stated independent of the circumstances of a particular case. Whether a particular individual’s acts or omissions amount to a ...
Dale M's user avatar
  • 211k
7 votes

Why are contracts void at common law if they are “contrary to public policy”?

It would be a fundamental contradiction for the courts to force a party to violate the law. Theft is against the law, and a contract that requires a person to engage in theft will not be enforced. ...
user6726's user avatar
  • 215k
7 votes

How is “R v. Smith” pronounced?

australia The Crown against Smith v is “and” in civil trials and “against” in criminal ones However, language changes and “v”, “versus”, and “against” are all variously acceptable depending on the age ...
Dale M's user avatar
  • 211k
7 votes

What is a “legal code,” and is the British statute book one?

A legal code is a systemic collection of statutes A legal code or code of law is a collection of various statutes on a topic (for example, criminal law, or environmental law), which organises and ...
Dale M's user avatar
  • 211k
7 votes

What is the status (and value) of the day’s unsold newspapers being put out for collection by the paper boy?

Theft requires intention, so whether Bob has committed theft will turn on the details. Honest belief that property has been abandoned is a defence against theft. Your case is superficially close to ...
Hugh's user avatar
  • 221
7 votes

Can damages ever/typically be assessed for unrealised, yet wrongfully-inflicted risks?

Can damages be assessed for wrongful subjection of a plaintiff to unnecessary risk through a tortfeasor’s negligence? No. There is no tort based in negligence for which damages are awarded without ...
Jen's user avatar
  • 57.4k
7 votes

Why is it not unjust enrichment to mistakenly fail to cancel a recurrent subscription charge?

Company promised to make a service available in exchange for Bob's promise to pay money until he cancels the contract. Company did what it promised under the contract and is therefore entitled to Bob'...
bdb484's user avatar
  • 60.4k
7 votes

The principle of legality in criminal law, and the common law

Isn't it the case that the England and Wales system bluntly defies the principle of legality? Or is there something I don't know that mitigates the tension? Is there any theorizing about this that ...
ohwilleke's user avatar
  • 219k
6 votes

Has there ever been a common-law-only jurisdiction?

Yes. The first English statute was enacted in 1235: The Statute of Merton or Provisions of Merton (Latin: Provisiones de Merton, or Stat. Merton), sometimes also known as the Ancient Statute of ...
phoog's user avatar
  • 37.5k
6 votes

Is it true that common law courts will not resolve a question without a controversy?

The proposition is not universally true. Canadian courts have the discretion to hear a moot case and have been granted the jurisdiction to issue advisory opinions in response to "reference ...
Jen's user avatar
  • 57.4k
6 votes

Are non-recorded court decisions still binding?

In the U.K., there is a practice direction (see para. 10): Where a judgment has not been reported, reference may be made to the official transcript if that is available, not the handed-down text of ...
Jen's user avatar
  • 57.4k

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