bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Humber Ferryman and the Action on the Case
Authors: Kiralfy Albert 
Published: January 2009

In my recent book on the Action on the Case (1951) I advanced the view that the famous Humber Ferryman Case was in the true line of descent of the action on the case. I dealt with it mainly, however, in connection with carriers' liability and a few further remarks may be necessary, in order to explain how far, if at all, my views differ from those put forward in the textbooks. The report in the Book of Assizes may be found translated in Professor Plucknett's treatise and in Mr. Fifoot's book but, as it is brief, it may be worth while beginning with Professor Plucknett's translation, viz.:“J. de B. complained by bill that G. de F. on a certain day and year at B on Humber undertook to carry his mare, [taken] in his boat, across the water of Humber safe and sound; whereas the said G. overloaded his boat with other horses, by reason of which overloading the mare perished, to his tort and damage.
Livre Jubilaire du Conseil D'Etat
Authors: Hamson C. J. 
Published: January 2009

This imposing quarto volume is offered to the public as a permanent memorial of the 150th anniversary of the Conseil d'Etat. It is a remarkable book, not unworthy of the very remarkable institution which it seeks to portray.Although the Conseil, as the Conseil du Roi, goes back a very long way in French history, it suffered an interruption at the French Revolution. The interruption proved indeed to be a minor one, lasting nine years only. Nevertheless, the Conseil was in some sense reformed by Napoleon under the Constitution du 22 Frimaire; and as the Conseil d'Etat it met for the first time on Christmas Day 1799 (a day then disguised as 4 Nivose An VIII) under conditions of no small informality. It is its first meeting under Napoleon which has been selected as the new terminus a quo of an institution in reality a great deal older.The book consists of some 50 articles (of very unequal length, one of them being an extensive monograph) and is divided into two parts. The second, shorter, part (though of over 200 pages) consists of contributions by persons who are not French and is concerned mainly with the influence of the Conseil d'Etat outside France, though it also includes articles on administrative questions in the United Kingdom (by Prof. W. A. Robson) in the United States, and in Canada (by the Chief Justice of Canada). It is proposed in this review wholly to neglect this part, however great its interest, principally because the English reader will find greater profit in the account given of the functioning in France of the authentic, the French, Conseil d'Etat: which may fairly be called the creator of the only system of administrative law properly meriting that title.
Land Charge Registration Reviewed
Authors: Wade H. W. R. 
Published: January 2009

It is not often that an expert committee, asked to report on a technical problem, have to admit defeat. But the Lord Chancellor's Committee on Land Charges, in their recent Report, confess that to rectify the 1925 machinery of registration, now that it is more than thirty years old, is a task beyond the wit of man. When so eminent a committee as that which sat under Mr. Justice Roxburgh reach such a conclusion, one may be sure that the law has thrown up an exceptionally tough conundrum. And it is of general interest that such things can happen. If the inventions of one generation of legislators fail to justify themselves, the next generation should be able to amend them, at any rate where the difficulties are purely technical and there are no questions of policy. But Lord Birkenhead and Sir Benjamin Cherry appear to have succeeded in creating the conveyancing equivalent of a Franckenstein's monster, which with the passing years would become not only more dangerous but also more difficult to kill.The Report nevertheless contains plenty of valuable suggestions. In the first thirty years of the new system of registration many defects have come to light, and the Committee have attacked a number of familiar conveyancing problems. Of outstanding interest are their conclusions that registration of restrictive covenants should be discontinued, that the so-called rule in Re Forsey and Hollebone's Contract should be abolished, and (more tentatively) that the reversal of the rule in Patman v. Harland by section 44 (5) of the Law of Property Act, 1925, was a mistake.
New Departures in Maintaining Public Order in the Face of Chartist Disturbances
Authors: Radzinowicz Leon 
Published: January 2009

Avoidance of emergency legislation“The people had a right to free discussion. It was free discussion which elicited truth. They had a right to meet.” In these words at a civic reception in Liverpool on October 3, 1838, Lord John Russell proclaimed his belief in one of the basic freedoms of democracy, at the very time that Chartists were mobilising their forces and spreading their doctrine at meetings held throughout the country. This was an untimely declaration which drew upon him the deserved reproof of Sir Robert Peel; it unfortunately seems to have been put later to some rather unscrupulous use by the Chartists, an example of which went to furnish Sir James Graham with offensive material for his attack on the Government during the debate of January 29, 1840, on a motion of no confidence. None the less, even when the Chartist gatherings had attained an advanced stage of organisation, Russell with undaunted singleness of purpose affirmed the Government's resolve not to ask Parliament for additional powers or extraordinary measures, but to rely on the existing laws: “It would be very inadvisable to make any sudden change in the laws of the country and to introduce laws, the same as in some foreign countries, of exception for certain parties; because those laws have two bad effects—the one is that they excite the sympathy of a number of persons who otherwise would have no feeling in common with ill disposed and designing persons; and in the next place, because the people of the country in general, and even those who appear to be the worst disposed, do feel that there is a power and supremacy in the law, to which they are ready to yield obedience; and if a new law were introduced merely for the suppression of those societies, they would not feel that they were treated with the same justice with which they would have been treated if the ordinary laws of the country had been resorted to for their suppression and punishment.”
The Effect of Anticipatory Repudiation: Principle and Policy
Authors: Nienaber P. M. 
Published: January 2009

IThe facts of the recent House of Lords decision, White and Carter (Councils), Ltd. v. McGregor, were so simple and have been canvassed so thoroughly as to be now practically a matter of common knowledge. The appellants' business consisted in the placing of advertisements, for a fee, on litter bins which were then distributed to various local authorities. They agreed to run the respondents' advertisement for a period of three years. The respondents repudiated on the ground that their sales manager who had concluded the contract had no authority to do so. The appellants refused to accept the repudiation and duly displayed the advertisements for the entire period, bringing at the proper time a suit for the full amount owing under the contract. The pertinent question was: were the appellants entitled to dismiss the repudiation and give effect to the contract on their side in order to secure performance on the other side; or rather were they obliged to adopt the repudiation as the end of the contract and the beginning of a suit for damages subject to mitigation? The latter view prevailed in all but the House of Lords where a majority of three to two preferred the former.In coming to this conclusion the House of Lords in effect overruled an earlier decision, viz., Langford and Co., Ltd. v. Dutch, the facts of which were virtually on all fours with those of the present case. In Langford's case the appellant was unsuccessful in recovering the contract price for exhibiting an advertisement film which he persisted in showing despite the respondent's repudiation of the contract.
The Impact of Constitutions on Labour Law
Authors: Khan-Freund Otto 
Published: January 2009

I propose to present to you some reflections on the impact which constitutions have had on the law governing the relations between management and labour. In many parts of the world that impact has been very considerable, and continues to be so.It may be thought that an analysis of the role thus played by constitutions may perhaps be of absorbing interest to a comparative lawyer, but that it cannot have much practical significance in the United Kingdom. People who argue that way are obviously inclined to agree with De Tocqueville who, when asked what the British Constitution was, said that it did not exist. If the British Constitution does not exist, it may be argued, what is the good of giving in an English University an Inaugural Lecture about the role constitutions may play in the development of labour law?
The Personnel of the Criminal Law in England and the United States
Authors: Smith J. C. 
Published: January 2009

The success of any system of law depends, in the last resort, on the personnel who administer it. However perfect the procedure of a system may be in theory, it will not work well in practice if the officials who operate it are inefficient or lack proper powers: whereas, with efficient personnel having adequate powers, imperfections of procedure may be of little consequence. The fundamental principles of criminal procedure are the same in England and the United States; yet in the one country there is satisfaction, amounting, perhaps, to complacency, with the operation of the criminal law; while in the other there is almost universal dissatisfaction. This dissatisfaction has provoked a great deal of detailed research in America into the deficiencies of criminal justice, by both public commissions and private individuals, and, consequently, the publication of much frank and vigorous criticism. An examination of this criticism shows that, in the opinion of the American commentators, the factor of personnel is at the root of a great many of their troubles.It is indeed the submission of this article that the important differences in the actual administration of the criminal law in England and America arise, in large measure, from the difference in status and character of the personnel who administer the law; and, in particular, from the differences in the distribution of powers among them. A comparison of some aspects of the powers, prestige, character and abilities of the judges, juries and counsel who, between them, are responsible for dispensing criminal justice in the higher courts in the two countries, will, it is believed, reveal that this is so.
Marital Reconciliation—Contexts and Meanings
Authors: Griew E. J. 
Published: January 2009

The themes of the articleThe Divorce Reform Act 1969 on its face gives to the promotion of reconciliation between married couples a prominence unprecedented in our legislation. It can be argued that section 3 of the Act (“Provisions designed to encourage reconciliation”) is merely a placatory gesture towards those troubled by too-easy divorce. The practical effect of the section is certainly limited. But it is of interest in a number of ways, theoretical and practical. More generally, changes in the fundamentals of divorce law justify a new approach to the purposes and practices of reconciliation. It may be worthwhile attempting to foster that approach even if section 3 can be criticised as an inadequate instrument for giving effect to it.
Some Points of Comparison between the Companies Act, 1948, and the French Law of Companies
Authors: Escarra Jean 
Published: January 2009

The paper I am going to read is a study in comparative jurisprudence. I propose to examine some aspects of Company Law, and especially of the law relating to companies limited by shares. From the many differences existing between French and English Law on this matter, I have selected several points, in the setting up as well as in the management and administration of such companies, which seem typical to me. These are as follows:—As regards the setting up of companies, I have thought it would be interesting to compare how French and English Law deal with:—(A) The subscription of share capital;(B) the prospectus or the other documents designed to serve the same purpose;(C) the part played by the statutory meeting.As regards the management and administration, I have chosen to examine:(D) The powers of directors, and how they are restricted in England according to the doctrine of ultra vires, as compared with the French system of legal personality;(E) the audit and inspection of companies.
Ranulf De Glanvill and his Children
Authors: Bailey S. J. 
Published: January 2009

§ 1. IntroductionIn the Pipe Rolls for the financial year 1163–1164, Ranulf de Glanvill appears as sheriff of Yorkshire. This was an important office, not to be reached, one may suppose, without previous experience in the King's service, and he continued to hold it for many years. Presumably it was a lucrative office, for it necessarily implied duties far away from Suffolk, the county in which his closest associations lay. His father, Hervey de Glanvill, and his forebears since the conquest of England, had held lands in Suffolk; his own lands lay chiefly in that county; and it is said that he was born there, in the vill of Stratford, during the reign of Henry I.Glanvill's first period as sheriff of Yorkshire lasted for six years. Then, after an interval of six years, he resumed that office in the year 1175 and retained it until King Richard's accession in 1189.
The Analytical Foundations of Justice
Authors: Simmonds N. E. 
Published: January 2009

HILLEL STEINER'S bookAn Essay on Rights1proposes and develops an intriguing suggestion: that we should approach the discussion of justice at “the elementary particle level”. “The elementary particles of justice” Steiner tells us “arerights”:Rights are the items which are created and parcelled out by justice principles. We learn something about justice by examining the formal or characteristic features of rights. These features constrain the possible content of justice principles in much the same sense as architectural precepts must be informed by the properties of the construction materials they orchestrate.2
Protected Interests in The Law of Torts
Authors: Lipstein K. 
Published: January 2009

Introduction: TheProblems(1) Whichever is taken as the point of departure, a general principle of liability for injurious acts done intentionally or negligently, or a catalogue of individual protected interests, and whatever the wish to establish criteria of general liability, a comparison between some of the leading systems of the law of the Western World—both civil and common law—shows that it is impossible to get away from the individual situation, irrespective of the force of an existing, or the desire for the creation of, a general principle.
Administrative Law: Judicial Review Reviewed
Authors: Diplock Lord 
Published: January 2009

We are met here this evening in memory of Stanley de Smith to pay a tribute to his labours in the field of English public law. His name will always be associated with the constitutional law of the British Commonwealth in its decline and the administrative law of England in its renaissance. It was in connection with the first of these topics in the nineteen fifties that I first met him when he was a brilliant young law don at the London School of Economics and I was a fairly senior silk instructed on behalf of the Kabaka in the constitutional dispute about Buganda. The depth of knowledge on constitutional matters which he then displayed encouraged me to seek his help in the last constitutional case in which I was engaged before I went on to the High Court bench. It involved appearing before the Federal Court in Pakistan and, unless my memory plays me false, it was de Smith who drew my attention to opinions given by the Law Officers in the seventeenth century about the government of the Plantations, that supplied the basis for the argument that was ultimately accepted by that court.The rapid constitutional changes which followed on the attainment of independence by former colonial territories have, perhaps, converted into legal history much of de Smith's work in this particular field of public law. So I propose to take as the subject of this memorial lecture that other field of public law which he was to make his own: administrative law and, in particular, judicial review of administrative action.
The Early Constitution of Gray's Inn
Authors: Simpson A. W. B. 
Published: January 2009

Most writing on the early history of the Inns of Court reflects an assumption which was very clearly stated by Sir Frederick Pollock,On the whole then the constitution of the Inns of Court was settled about the middle of the fourteenth century on the lines which in all cssentials are much the same at this day. The only considerable formal change was that two centuries later the original governing committee of the Bench gave way to a single principal officer, the Treasurer.
Charitable Giving in English and Roman Law
Authors: Rickett C. E. F. 
Published: January 2009

Robert Feenstra has argued that, although the conception of the trust—so prominent in English law—is generally unknown in civilian legal systems, one of the major areas in which the trust is used in English law, the dedication of property for public or chari-table purposes, is amply covered in the civilian systems by the concept of the foundation. There are, he says, two foundation concepts, both of which have their origins in post-classical Roman law. As for classical Roman law, he concludes that “the classical Roman jurists did not pay much attention to these foundations,” and that any discussion in the important classical Digest texts is found within the confines of legacy and fideicommissum.The First concept is that of the “real” or “proper” foundation. The “real” foundation is a legal person, and the main point is the existence of an aggregate of assests devoted to a paticular purpose and provided with an organisation of administrators to give effect to this purpose … The property which has been set aside belong neither to the administrators nor to the persons who benefit from the foundation: it belongs to the foundation itself, seen as an artificial, a juristic person.There are strong indications, Feenstra suggests, of an historical beginning of this real foundation concept in later Roman law, both in the legal position of the Church after Constantine, where texts speak of property belonging to an ecclesia or a monasterium and in the existence of venerabiles domus, where the “houses” are identified as holding property.
Section 25 (1) of the Sale of Goods Act 1893: The Reluctance to Create a Mercantile Agency
Authors: Rutherford L. A. , Todd I. A. 
Published: January 2009

Section 25 (1) of the Sale of Goods Act 1893 provides:Where a person having sold goods continues or is in possession of the goods, or of the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same.
Four Alleged Paradoxes in Legal Reasoning
Authors: Goldstein Laurence 
Published: January 2009

There can be no doubt that the existence of paradoxes has stimulated vigorous and highly productive activity in philosophy and in logic. Take two famous examples: The Liar Paradox, which arises from a sentence such asL This statement is false.and the Russell Paradox which arises from the sentenceR The class of all classes which are not members of themselvesis a member of itself.The first of these has been a source of anguish for over 2,000 years. The second has engaged the serious attention of logicians for over three quarters of a century. Investigation of paradoxes of this sort has spawned whole new fields of study, such as technical semantics and axiomatic set theory.It has been claimed that legal reasoning is infected with paradoxes and that these paradoxes are similar in structure to those, like the two we have cited, which are of interest to the logician. If this claim were true one of two consequences would follow. Either the jurisprudent would face what would in all likelihood be a protracted struggle with these legal paradoxes resulting, perhaps, in significant additions to legal theory, or else, if these paradoxes were sufficiently similar to those of the logician, he might try to utilise the logician's results to solve his own legal puzzles.The first alternative, though attractive to a theoretician, may appear rather dismal to those engaged in the business of law. Whereas reflection on the logical paradoxes can lead to only more refined abstractions—the philosopher's meat and drink—legal theory is rather intimately connected with practical affairs.
In Defence of Foakes v. Beer
Authors: O'Sullivan Janet 
Published: January 2009

This paper aims to defend what many academic commentators regard as indefensible—the rule in Foakes v. Beer.For almost four hundred years (since Pinnel's Case) English law has been clear: the payment of, or promise to pay, a smaller sum than the amount due does not discharge the debt, since the debtor provides no considerationfor the creditor's promise to waive the balance—there is no “accord and satisfaction”. The House of Lords approved this rule, albeit reluctantly on the part of Lord Blackburn, in Foakes v. Beer.
The Renewal of the Liberal Law Degree
Authors: Hepple Bob 
Published: January 2009

I propose to examine the underlying philosophy of the recent First Report on Legal Education and Training by the Lord Chancellor's Advisory Committee on Legal Education and Conduct (ACLEC), and also some of the practical implications of the Report, particularly for university law schools.It was a stimulating experience to be able to work on this Report which reflects the collective wisdom and experience of all seventeen members of ACLEC and draws on the views expressed by its consultation panels and the large number of respondents to its consultation papers. It is important to stress that the Committee's expertise is not simply that of the two law teachers on the Committee or the two barristers, two solicitors and two judges, but also that of the lay majority of the Committee whose experience is that of consumers of legal services, social researchers, educators and in other professions. In reflecting this breadth of experience, it is a Report unique in the annals of British legal education.
Covenants, Privity of Contract, and the Purchaser of Personal Property
Authors: Tettenborn Andrew 
Published: January 2009

This article discusses an old but vexed question in the law of obligations: to what extent can a purchaser of personal property find himself bound to observe covenants relating to that property to which he was not party? Put shortly, how far can covenants bind personal property?This question can, of course, arise in many guises. The issue may be whether a purchaser of shares in a private company is bound by a right of pre-emption in respect of those shares held by other shareholders in the same company; whether the seller of goods can impose restrictions on the price at which remote purchasers may resell those goods; whether the mortgagee of a ship can be prevented from using the vessel inconsistently with the rights of one who has booked space in her: issues whose sheer diversity makes it most difficult to achieve the aim in this article of developing general principles in this area of the law.