• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Free ACCA & CIMA online courses from OpenTuition

Free ACCA & CIMA online courses from OpenTuition

Free Notes, Lectures, Tests and Forums for ACCA and CIMA exams

  • ACCA
  • CIMA
  • FIA
  • OBU
  • Books
  • Forums
  • Search
  • Register
  • Login
  • ACCA Forums
  • Ask ACCA Tutor
  • CIMA Forums
  • Ask CIMA Tutor
  • FIA
  • OBU
  • Buy/Sell Books
  • All Forums
  • Latest Topics

ACCA Webinars: How to earn marks in Strategic Professional Exams. Learn more >>

20% off BPP Books for ACCA & CIMA exams - Get BPP Discount Code >>

Judge-Made Law

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Judge-Made Law

  • This topic has 1 reply, 2 voices, and was last updated 4 months ago by MikeLittle.
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • April 10, 2022 at 7:53 pm #653019
    ilham9089
    • Topics: 217
    • Replies: 170
    • ☆☆☆

    Are common law and equity law both examples of judge-made laws?

    April 10, 2022 at 8:39 pm #653032
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22589
    • ☆☆☆☆☆

    Not really. Equity is (going back to the early 17th century and the Earl of Oxford’s case)

    But common law developed through a number of routes including such obscure ones as ‘custom’ – where an act has been carried out continuously since time immemorial (taken as 1189) nec vi, nec clam, nec precario (without force, without secrecy and without risk / danger) then that custom becomes part of common law

    So, show the judge the actions and prove that these actions have been carried out nec vi, nec clam, nec precario and the judge will (MAY!!!!) accept the actions as allowable under the principle of custom

    See the case Mercer v Denne

    https://www.bing.com/search?q=mercer+v+denne&form=ANNTH1&refig=4bb1e16cd0734baf8d2deb6949cb03e9

    OK?

  • Author
    Posts
Viewing 2 posts - 1 through 2 (of 2 total)
  • You must be logged in to reply to this topic.
Log In

Primary Sidebar

ACCA News:

ACCA Introducing professional skills into the Options exams

ACCA Professional Skills Webinar – Register now

Donate

If you have benefited from OpenTuition please donate.

Specially for OpenTuition students

20% off BPP Books

Get BPP Discount Code

Latest comments

  • brayo07 on Using Information Systems – ACCA Performance Management (PM)
  • axel.frederick on Objectives of organisations – ACCA (AFM) lectures
  • julianleong on Foreign exchange risk management (1) Part 7 – ACCA (AFM) lectures
  • RAHUL8877 on Sources of Finance – Debt – ACCA Financial Management (FM)
  • John Moffat on FA Chapter 4 Questions Accruals and Prepayments

Copyright © 2022 · Support · Contact · Advertising · OpenLicense · About · Sitemap · Comments · Log in


We use cookies to show you relevant advertising, find out more: Privacy Policy · Cookie Policy