August 11, 2008

Offences Against the Person Act, 1828, Section 28 (1977)

Keywords: offence; person; tort; assault; criminal; res judicata; autrefois; acquit; convict; certificate; immunity; civil; proceeding; Offences Against the Person Act, 1828 Section 28 of the Offences Against the Person Act, 1828, provided that if a person had faced criminal proceedings for a minor assault, that person would, if certain conditions Read more

Tort Liability of Public Bodies (1977)

Keywords: Rylands v. Fletcher; tort; liability; public; body; authority; municipality; highway; repair; misfeasance; non-feasance; damages; statutory; nuisance; damage; negligence Where an individual suffers a wrong or sustains a loss at the hands of a public body there are certain circumstances in which the public body enjoys immunity from liability. This Read more

The Statute of Frauds (1977)

Keywords: Statute of Frauds; evidence; writing; signature; contract; land; guarantee; indemnity; part performance; misrepresentation; real; property; formality; goods; sale; fraud; restitution; equity; conveyance; agreement; oral; gift; trust; enforceability The Statute of Frauds was enacted to combat a number of fraudulent practices in the law of evidence and required certain transactions, Read more

Proof of Marriage in Civil Proceedings (1977)

Keywords: proof; marriage; civil; proceeding; evidence; best; divorce; validity; capacity; strict; proof; certificate; ceremony; oral; testimony Sometimes, the existence of a marriage is relevant in civil proceedings. For example, a person may claim an inheritance on the basis of being the widow or widower of the deceased. In this short Read more

Waiver of Conditions Precedent in Contracts (1977)

Keywords: waiver; condition precedent; contract; contingent; promissory; obligation; Turney v. Zhilka Sometimes a contract, particularly one involving the sale of land, contains a provision that the performance of the obligations of one or both parties is conditional upon the happening of some event beyond their control. This project examines both Read more