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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 11 months ago by MikeLittle.
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  • April 10, 2022 at 7:53 pm #653019
    ilham9089
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    • Topics: 239
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    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: 22829
    • ☆☆☆☆☆

    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?

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