Questions tagged [common-law]
For questions regarding English common law, or legal systems based on judge-made law descended from it.
381 questions
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Why does a condition precedent stop a contract from forming in common law?
In common law, a condition precedent means that no binding obligations arise until the condition is fulfilled — as if the contract never came into existence.
In contrast, in civil law systems (for ...
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Comparative law: Does a lease transfer all benefits at once or gradually?
According to Article 466 of the Iranian Civil Code: "A lease is a contract whereby the lessee becomes the owner of the usufruct of the leased property." Under this rule, once a lease is ...
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How does a person gain consent to make a sexual communication in Scotland?
This question is only relevant to Scots law. Section 7 of the Sexual offences act 2009 Scotland makes it an offence to direct to or cause someone to see or hear a sexual communication in any form ...
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Under English common law, do adopted children have the same inheritance rights as biological children?
In Iran, adopted children do not inherit from adoptive parents under the Civil Code (e.g., Article 861). I’m trying to understand how this compares with other systems, particularly English common law ...
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What was the origin/basis of coverture?
My understanding is, as is commonly said, that women across the Common Law world were historically subjected to a legal regime called coverture.
What was the basis of this, or what was it based on?
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Does gender affect the legal value of testimony in Islamic law and common law systems?
As an attorney familiar with Iranian law — a system largely influenced by Islamic jurisprudence — I understand that in many legal areas, the testimony of men and women is treated equally, while in ...
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Can I tell a merchant an incorrect price for their own goods?
I was at a festival, buying food from a food truck. Due to heavy rain, the vendor's point-of-sale system was down and she was unwilling to leave the truck. She asked me to tell her the price of the ...
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Photography absent a subject's reasonable expectation of privacy
Generally, it is held that one is allowed to film others in public places, because they have no "reasonable expectation of privacy." Presumably then, if one was in their own home then they ...
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Can general limitations be extended due to obstructions or disruptions suffered by a claimant that are the fault of a non-party to the claim?
Certain types of actions' limitations have statutory provisions so as to be explicitly extensible by judicial discretion, such as those on personal injury, defamation, or death.
Other specific ...
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Are "inland whales" in Oregon property of the governor, and other questions about "royal fish"
I came across this article about an orca that swam into a body of water in Portland, Oregon (USA). The whale was eventually poached, and the defendants convicted and fined. The case made its way to ...
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What is the difference between trust and waqf in legal terms?
I am interested in understanding the key distinctions between a trust, which is commonly used in common law systems, and a waqf, which is a religious endowment under Islamic law. Specifically, I would ...
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Are forensic techniques like bite-mark analysis and bloodstain pattern analysis scientifically reliable for use in court?
Many forensic techniques have been used in criminal trials for decades, but scientific research has increasingly questioned their reliability. Some methods, like bite-mark analysis, forensic gait ...
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Is a weapon still considered concealed if I prominently advertise its existence?
Suppose I carry a weapon that's perfectly hidden from view, so that no one would know I had it if I didn't tell them. However, I also wear a t-shirt with big, bold text printed on it:
"I AM ...
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In common law marriage jurisdictions, how does the law view a divorced couple who continue cohabiting?
Questions about common-law marriage usually centers on when it's recognized, where it's recognized, and even things like whether the parties in one can deny its existence.
What am I looking for here ...
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Can moneys paid by a third party fulfill the consideration requirement of a contract?
The below scenario is a fiction to tease out a legal principle in New Zealand:
The New Zealand Government has an agreement that they will pay an amount to Bobs University for any enrollment made by a ...
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