Category: Common Law

Policing that exist internationally (Wakefield and Fleming, 2009).

Policing in ContextPart 1 1.       Discuss how the history anddevelopment of British policing has resulted in the current model of policingand the philosophy of ‘policing in consent’. The history of policing shows asense of the origins and character of the many different policing cultures and organisationsthat exist internationally (Wakefield and Fleming, 2009). Policing is an […]

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Property Law – Control over Access

When property is taken to represent a bundle of rights at the common law, then the right to exclude others from the benefits of a property is the leading right of the property owner. [1] This is because only excludable resources can be propertised or have ‘property status’. That is, without an excludable nature, resources […]

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A for the defendant to plead it as

A defence of insanity is crucial to the criminal justice system.1This enable the law to recognise the imposition of the criminal punish thatshould be kept for those are mentally sane. Law Commission is currently waitingfor the response for Mental Capacity Act and the Deprivationof Liberty Safeguards which aim to protect people who lack mentalcapacity and […]

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The Herrington decision

House of Lords introduced a new duty in British Railways Board v Herrington10. It was established that occupiers owed a duty of ‘common humanity’ to trespassers known to be present. The duty was a subjective one, in the sense that, when the courts were considering whether it had been broken, it had to take into […]

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Towards Principles of Overruling

It is appropriate at this point to introduce the concept of the ratio decidendi of a case, this is the decision and more importantly the reasoning behind it. It is the ratio of a case that is binding, other comments merely form obiter dictum (other things said). Thus the establishment of the ratio is critical, […]

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