This essay is will explain contracts of affreightment, the common law implied obligations within and how it is interpreted and incorporated into them. These contracts are drafted based on common law which is derived from custom and judicial precedent. No matter how meticulously drafted, all contracts will contain implied terms. These terms will not be expressly written in to a contract but arise in the absence of stipulation to the contrary . However, in contracts of affreightment ruled by The Hague or Hague Visby Rules, the extent and utilisation of some of these common law implied obligations will be altered leading to a restriction in the express terms negotiating parties, the ship owner and a charterer, are permitted to eliminate or amend. The case examined will be the Baltic and Maritime Council’s (BIMCO) 2003 charterparty for GRAINCON. BIMCO is a global shipping association which provides a large variety of services to its members and represents their views. It also publishes thorough drafts of contracts including charterparties and bills of lading. GRAINCON is one of these and is a standard grain voyage charter party. It includes common law implied terms such as seaworthiness, reasonable dispatch, obligation not to deviate, cargoworthiness and the obligation to care for the cargo, obligations of the shipper, nomination of a safe port and dangerous goods. This essay is divides these terms in to seven individual sections and will be explained and analysed in
When a legislature passes a statute, that statute ultimately is included in the federal code of laws or the relevant state code of laws. Statutory law also includes local Ordinances – statutes (laws, rules, or orders) passed by municipal or county governing units to govern matters not covered by federal or state law. Mainly have to do with city or county land use, building safety codes, and other matters affecting the local community.
1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?
The above scenario states that you, as a fisheries inspector, boarded Patrick’s vessel. Explain the legal obligations you must comply with when boarding Patrick’s Vessel. State the relevant section of the Act and explain in your own words what you believe this to mean.
Once the Declaration of Independence was signed in 1776 there was an urgent need for government and law. The question was of what law and of what government. The English common law was in practice, for the most part, in all the colonies and was the root of many feelings of tyranny. The colonial experience drew large cause for new common law as it differed so much from European experience. For example, as time went on, more and more Americans began owning land at a far larger rate than their European counter parts. This created a need for me common law address ownership. Another was the idea democracy which in no way was an idea held dear to England. This also created many differences in the colonial experience that could not be represented
Common law in Canada is based on precedent, which mean that common law uses previous events or situations to guide court decisions going forward. Precedent is ‘binding on other equal or lower courts in the same jurisdiction as to its conclusion on a point of law, and may also be persuasive to courts in other jurisdictions, in subsequent cases involving sufficiently similar facts’; therefore, common law is not based on interpretation. Common law is created from precedent alone. Common law is used in areas like contract law, tort law, and property law. There may be written statutes in these areas of law; more often than not, the judge’s decision is based on precedent rather than a statute.
Legal formalism has been largely criticised by the likes of legal realists and critical legal studies scholars, amid others who believed that the reactions of the judge to the facts and to the life around them needed to be attended to, for its belief in the capacity of legal rules to determine the results of legal arguments without having recourse to the judge’s political beliefs or sense of fairness. This criticism can be found to be viable or not by analysing what legal formalism as an approach to legal practice and judicial decisions is, whether the criticisms, created by legal realists and critical legal studies students, of legal formalism are justified and whether judicial decisions and legal education are still influenced by legal formalism today in South Africa.
In both the common and civil law traditions the ordinary function of a court is adjudicative. Courts make findings on disputed questions of fact, identify and apply the relevant law to the facts as agreed by the parties or found by the court, consider the legal consequences and award appropriate remedies. Thus, a state that adheres to the principle of ‘rule of law’ provides legal certainty to it citizens, to plan their lives with less uncertainty and protects them from to the law from arbitrary use of state power. The rule of law ‘first and foremost seeks to emphasize the necessity of establishing a rule-based society in the interest of legal certainty and predictability.’
Domestic violence is a growing concern in Australia. Police handled more than 3,000 domestic violence matters in just one suburb of Brisbane in the past 12 months and for the whole of Queensland, handled another 25,000 matters.
Statutory law. refers to everyone coaches, teachers, managers, pupils etc. A statutory law is a written law that has to be followed by everyone. If someone doesn't follow these laws they will face charges. Statutory law ensures that health and safety is kept everywhere properly.
The duty to act is legal requirement for individuals whose job descriptions obligate them to take action to prevent harm to a person or a community. Some of these individuals include firefighters, police officers, emergency medical technicians, doctors, and nurses. Many states enforce the duty to act on citizens in specific circumstances, creating a potential for citizens who refuse to act to have criminal liability and civil liability. Special circumstances include when someone creates a dangers situation or accident, either intentionally or negligently. Similar to the Good Samaritan law and according to common law, the general rule for the duty to act is that no one has an affirmative responsibility to come to the aid of another, however,
The legal systems of the United Kingdom and the United States share a number of obvious resemblances which stem from the history of the countries. Today, throughout England, Wales and Northern Ireland the primary legal system in place is still a Common Law system however the system in Scotland is a combination of both common law and civil law . A common law system will acquire the majority of its laws through past cases with inferior courts being bound by higher courts, in civil law systems there is no such precedent . Prior to gaining its independence, the US began as an English Colony and so the US legal system was directly derived from the English system . This therefore means that the legal system of the US is based upon the same fundamental concept of ‘Common Law’ with their common law being based upon their constitution. Despite sharing the same basis upon which their legal systems were developed, there are a number of differences between the two. Upon researching these differences I will be looking to answer if it is accurate or not to label these two systems as being part of the same legal family.
serious in the Crown court. It is said to be more difficult to win a
Most of the criminal procedure rules that are set forth in the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, as well as the rules about bringing the accused before a judge to question his incarceration (habeas corpus), were adopted from Common Law rules and from Parliamentary decrees based on the Common Law.
This essay will elaborates the law making system in the United Kingdom, whilst consider the role of the House of Commons, The House of Lords and the Monarch in the law making process. In order to analysis the law making process, those content, which will be provided, are the different types of the bill and the primary legislation and secondary legislation and each of them will has the references. The different bills are included the Public bills, Private bills, Hybrid bills and Private Members’ bills. For the primary and secondary legislation, both will explain every stage that include the First and second Reading, Committee and Report stage, Third Reading. Then, this essay will compare the two legislations with advantages and drawbacks. In addition, an clearly introduction of common law will be give, also the hierarchy of the courts will be assess base on the question of which courts must are bound to follow precedent. For European Union law, it will be explained with examples. Finally, an assessment of the European Convention on Human Rights and Classifications of law will be provided.
Prakash does owe a duty of care to Shamilla. He was in breach of his