What remedy has parliament resolved i. It is contended that when judges in subsequent cases attempt to distinguish earlier decisions as to justify departing from them, this in itself renders the legal system flexible.
A court of law can only rely on Common law or equity as a source of Law: Extraction of the ratio decidendi is a complex task. It is a subsidiary source of law of Kenya.
However there must be some equitable right arising out of contract, trust or fraud. The Sources of English Law. Equity imputes an intent to fulfill an obligation 7.
The court was advocating some flexibility in the application of stare decisis by itself. Artificiality in law over-subtlety: Statutes in pari materia The interpretation of one statute is used in the interpretation of another related similar statute.
It was held that there was no marriage between them since whereas she was bound by the customs, the plaintiff was only affected by them.
African customary law can only be relied upon if it is not repugnant to justice and morality. We are not concerned with issues of morality. Moorings Hotel it was held that an unregistered lease cannot create any interest, right or confer any estate which is valid against third parties.
These courts relied on customs to decide cases before them thereby giving such customs the force of law. A custom embodies a principle of utility or justice.
Cross to interpret the provisions of the Road Traffic Act Digitized copies    from Internet Archive. Administration of justice was fast and the writ system was not applicable.
We are talking about doing good, doing what is morally right. Equity will not suffer a wrong to be without a remedy Where there is a wrong there is a remedy for it Ibi jus ibi remedium These are by the way statements of law or facts made by a judge in the course of judgment.Critically evaluate one theory of company law using case law, secondary sources and any other pertinent material.
TAKE ADVANTAGE OF OUR PROMOTIONAL DISCOUNT DISPLAYED ON THE WEBSITE AND GET A DISCOUNT FOR YOUR PAPER NOW! Writer; About. Company; Legal; Site Map influenced by political, social and technological change.’ (Open University, Block 1, Pg 89).
This essay will focus on two sources of law, Statue Law and Common Law Outline of the Courts in France and England Common Law The most distinctive difference of the English legal system.
The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules and principles which constitute the Sources of Kenyan Law Essay Sample.
It may be described as a branch of the law of England which was developed by the ancient common Law Courts from customs, usages and practice of. Explain the sources of English law This essay examines the different ways English law is created and then evaluates the role of legislation as the most important source of law.
English law is created in four important ways, namely legislation, case (common) law, human rights law and EU law. European law Secondary Sources o Refers to commentaries on the law: The decisions of the courts are reported in publications known as “Law reports” – they are fundamental, primary sources of UK law.
All England Law Reports. The Sources of English Law (as it is sometimes known) is an essay written by Heinrich Brunner and translated by others.
Init was described as a "valuable survey of the sources and literature of English law". Author: Heinrich Brunner.Download