Results 11 to 20 of about 51,974 (281)
Mistake of law and mistake of fact in English law of restitution [PDF]
Tijdschrift voor rechtsgeschiedenis, 2014 The paper discusses the history of the English law doctrine according to which the mistake of law (error iuris) is a bar for restitution. The author seeks to analyze the premises of mistake that led to recovery of the payment. Since the adjudication of the leading case Bilbie v.
Halberda, Jan
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Osgoode Hall Law Journal, 2014 Mistake raises several important and difficult questions for contract law. The question addressed here is, when is it an excuse from contractual obligation that a contract has been made under the influence of a mistake of fact?
Stephen Waddams
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Affirmative Consent and the Mistake of Fact Excuse in Western Australian Rape Law [PDF]
, 2023 This article discusses the application of the excuse of mistake of fact to the offence of sexual penetration without consent (the equivalent to rape) in Western Australia.
Crowe, Jonathan +2 more
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Rethinking the concept of vicarious criminal liability [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī, 2017 The modern criminal law is based upon four key principles: the principle of legality, necessity of committing the act, fault principle and the principle of personal criminal responsibility. In fact, these principles have been arisen to achieve justice in
مجتبی جعفری
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Is Misconception Possible in the Criminal Offense of Unlawful Sexual Activity under Article 182 of the Criminal Code of Serbia? [PDF]
Revija za kriminologiju i krivično pravoThe aim of this paper is a detailed analysis of the criminal offense of unlawful sexual activity (Article 182 of the Criminal Code of Serbia) and the possibility of the existence of mistake of fact and mistake of law in this criminal offense.
Milica Milčić
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SAGE Open, 2022 The disparity between the ongoing use of criminal profiling and the lack of empirical evidence for its validity is referred to as criminal profiling illusion. Associated risks for society range from misled police investigations, hindered apprehensions of
Teresa Greiwe, Ardavan Khoshnood
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Nuevo Foro Penal, 2015 This article presents an analysis of the criminal offence of Usurpation of plant breeders’ rights –PBR (Sect. 306 CP), whose legal definition contains a specific kind of normative terms, namely, theoretical or cognitive or specialized ...
Nicolás Arias Gutiérrez
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Reconceiving Murdochian Realism
Ergo, An Open Access Journal of Philosophy, 2023 It can be tempting to read Iris Murdoch as subscribing to the same position as standard contemporary moral realists. Her language is often similar to theirs and they share some key commitments, most importantly the rejection of the fact-value dichotomy ...
Cathy Mason
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Feasibility of review on administrative authority error in Iran administrative law according to Jurisprudence and Iranian legal system [PDF]
پژوهشنامه حقوق اسلامی, 2016 Error is mistake in recognition and belief despite the fact while there isstrong belief or suspicion and is synonym with implicate ignorance. Inadministrative authority error, person, in action, imagine himself qualifiedand with the belief that he was ...
Mohammadreza Vijeh, Fatemeh Afshari
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Project 113 Sexual Offences: Discussion Paper Volume 1: Objectives, Consent and Mistake of Fact [PDF]
, 2022 Volume 1 of the Discussion Paper addresses the law of consent and the mistake of fact defence. It also considers issues relating to objectives and guiding principles, jury directions, special verdicts and the implementation and monitoring of ...
Walvisch, J, Blackburn, A
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