Results 201 to 210 of about 16,291 (242)
Against Public-Facing Religious Bio-Restrictionism. [PDF]
BioethicsAnantharaman M.
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Israel Law Review, 1996
The relevant section of the Israeli draft concerning “Mistake of Law” reads as follows:For the purposes of criminal liability, it is immaterial whether a person, owing to a mistake as to the existence or meaning of a penal enactment, imagines that his act is not prohibited, unless the mistake could not reasonably have been avoided.The corresponding ...
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The relevant section of the Israeli draft concerning “Mistake of Law” reads as follows:For the purposes of criminal liability, it is immaterial whether a person, owing to a mistake as to the existence or meaning of a penal enactment, imagines that his act is not prohibited, unless the mistake could not reasonably have been avoided.The corresponding ...
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2023
Abstract This chapter explores mistakes of law. It considers Ewan McKendrick’s contribution in a collection of essays regarding the role of mistakes. Renewed focus on the test of reasonable discoverability in section 32(1)(c) of the Limitation Act has prompted new perspectives on the role of mistakes in the law of unjust enrichment.
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Abstract This chapter explores mistakes of law. It considers Ewan McKendrick’s contribution in a collection of essays regarding the role of mistakes. Renewed focus on the test of reasonable discoverability in section 32(1)(c) of the Limitation Act has prompted new perspectives on the role of mistakes in the law of unjust enrichment.
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The Discoverability of Mistakes of Law
SSRN Electronic Journal, 2018With unprecedented legal reforms looming upon Brexit, trouble in the drafting and application of laws seem inevitable. It may be decades before the implications are fully appreciated. Actions taken on the basis of a statutory provision that is later held to be void, or on a past precedent that is overruled, may found a restitutionary claim in mistake ...
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The Cambridge Law Journal, 1977
A person who receives property under an apparent contract of sale can be guilty of theft of what he receives if the contract is void, for mistake or otherwise. It seems, since the decision of the House of Lords in Lawrence, that a person who obtains a voidable title (title under a voidable contract) can be similarly guilty (assuming, as always, that ...
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A person who receives property under an apparent contract of sale can be guilty of theft of what he receives if the contract is void, for mistake or otherwise. It seems, since the decision of the House of Lords in Lawrence, that a person who obtains a voidable title (title under a voidable contract) can be similarly guilty (assuming, as always, that ...
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Mistake of Law and Culpability
Criminal Law and Philosophy, 2010Abstract This chapter examines how retributivists should decide whether and to what extent a person should be punished for committing a criminal offense when he is ignorant of the law he violates. It contends that no solution is possible without a fundamental rethinking of the content of substantive offenses.
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The Cambridge Law Journal, 1958
A red herring has been drawn over this text. For one and three-quarter millennia no particular difficulty was felt about usucapion where the usufructuary of a female slave sells the offspring in the belief that it belongs to him—a belief which is false since the child of an ancilla is not treated as fruit. Some thirty years ago, however, Siber declared
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A red herring has been drawn over this text. For one and three-quarter millennia no particular difficulty was felt about usucapion where the usufructuary of a female slave sells the offspring in the belief that it belongs to him—a belief which is false since the child of an ancilla is not treated as fruit. Some thirty years ago, however, Siber declared
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Mutual and Unilateral Mistake in Contract Law
The Journal of Legal Studies, 1993MUCH of private law is devoted to the prevention of mistakes on the one hand and the amelioration of their consequences on the other. In contract law, however, the term "mistake" is applied specifically to situations where the parties' beliefs about the world are incorrect at the time of contracting.
Rasmusen, Eric B., Ayres, Ian
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