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The Defence of Public Necessity
The Modern Law Review, Volume 88, Issue 5, Page 973-997, September 2025.This article challenges the idea that public necessity must be a complete defence to trespass liability. It identifies and distinguishes three distinct categories of public necessity: two afford justifications for interfering with person or property, whereas the third is better understood as an excuse.
Samuel Beswick
wiley +1 more source
Obiter Dictum, Vol. 3, No. 2 (Winter-Spring 1974) [PDF]
, 1974 https://ir.law.fsu.edu/obiter-dictum/1014/thumbnail ...
Dictum, Obiter
core +1 more source
A Tale of Too Many Doctrines: Supervening Impossibility and the Sale of Goods
The Modern Law Review, Volume 88, Issue 3, Page 433-466, May 2025.Contracts for the sale of goods contain three default rules addressing the problem of supervening impossibility: sections 7 and 20 of the Sale of Goods Act 1979 and the doctrine of frustration. This article uses a legal historical method to examine why this is the case and what the relationship between these rules is.
Chathuni Jayathilaka
wiley +1 more source
Obiter Dictum, Vol 4, No.1 (Fall, 1974) [PDF]
, 1974 https://ir.law.fsu.edu/obiter-dictum/1003/thumbnail ...
Dictum, Obiter
core +1 more source
Review of European, Comparative &International Environmental Law, Volume 34, Issue 1, Page 270-278, April 2025.Abstract In 2021, the Hague District Court ruled in favour of several non‐governmental organisations in a climate lawsuit against Royal Dutch Shell Plc. It obliged Shell to reduce its CO2 emissions resulting from its global operations by 45%, relative to 2019 levels, by 2030.
Bengt Johannsen +2 more
wiley +1 more source
Obiter Dictum, Vol. 2, No. 4 (Summer 1973) [PDF]
, 1973 https://ir.law.fsu.edu/obiter-dictum/1007/thumbnail ...
Dictum, Obiter
core +1 more source
The Scope of the Medical Exception in Criminal Law
The Modern Law Review, Volume 88, Issue 2, Page 237-266, March 2025.Many medical procedures involve the causation of serious injury by doctors to their patients. Yet when accepted as ‘proper medical treatment’, doctors incur no criminal liability for their actions, per the ‘medical exception’ in criminal law. This exception is well established; its scope much less so.
Lisa Forsberg
wiley +1 more source
Financing a restructuring in the Netherlands after IHC v. Rabobank
European Insolvency and Restructuring JournalThis case-note examines the Dutch Supreme Court’s ('Hoge Raad') landmark decision in IHC v. Rabobank, its second ruling to date on the interpretation the Act on Court Confirmation of Extrajudicial Restructuring Plans (WHOA).
Frank Verstijlen
doaj +1 more source
Obiter Dictum, Vol. 2, No.1 (November 1972) [PDF]
, 1972 https://ir.law.fsu.edu/obiter-dictum/1005/thumbnail ...
Dictum, Obiter
core +1 more source
Sovereignty and the Persistence of the Aesthetic
The Modern Law Review, Volume 87, Issue 6, Page 1393-1421, November 2024.British constitutional thought tends to understand sovereignty in legalistic terms, with the concept often equated with the doctrine of parliamentary sovereignty. As Loughlin and Tierney have recently argued, this approach obscures the political considerations which undergird the legal precept. In this article we argue that this approach misses a third,
Illan Wall, Daniel Matthews
wiley +1 more source