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Possession

 Possession  It is the evidence of ownership Relationship pf the person and thing possessed  Caw law Bridges v hawksworth R. Moore Merry v green Cartwright v green R v mucklow Elwes v Briggs gas co South staffordshire water co v sharman  Corporeal and incorporeal possession  Mediate and immediate possession  Possessory remedies Relationship of possession and title   

Legislation

  Legislation   The law are enacted by act of parliament Enacted and unenacted laws Supreme legislation The law are Created by the imperial parliament . Subordinate legislation  Law are enacted by the subordinate entities under the directions of supreme power 1. Colonial - The colonies may enact laws for the effective administration of the colonies. 2. Municipal  These are the bye laws created by the municipality  3.judicial The enacted laws are encored by the act of courts  4. Autonomous  The laws constituted for the corporation are conventional laws when the shareholders make decision to change the rules needed for the growth of the coporation which are autonomous in nature. Interpretation of legislation  The courts may make Use of the statutory laws interpret and find either grammatical or logical msitakes  If there are mistakes in the section or text would not be a big mistake which can be corrcted  If there Is ambiguity in the meani...

Ownership

  Ownership It Is the relation of person and thing Corporeal Jus in rem , jus in re propria  I have a coin in my pocket which is the corporeal thing  Owing  a land , chattel is  a corporeal thing  Incorporeal  Jus in re aliena  The way of right which I own on my neighbourhood land is mere incoporeal thing  The right of recover debt vested in the creditor is a incoporeal  Sole and co ownership  When there are two or more owners it is a co ownership  Both the owner are equally liable for a debt rather than divided  If a debt of 1000 is pending each owner has  a debt of payment 1000 each rather 500 individually  When the two owner ship merges in one the sole ownership  When there is a partition ownership the debt payment of libel only individually  Common and joint  When the one of partner dies the heirs of the deceased partner  may take the place of the deceased it is called common partnership W...

Precedent

  Precedent   Precedent are cases decision that are either declarative or original  Declarative   Authoritative  - decision of the superior courts    Absolute      House of Lords decision is final      The courts of appeal has no authority to question House of            Lords     The court of first instance is bound to the court of appeals.    Conditional       The decision of the court of appeal is binding on the court of first instance but conditional to the court of lords   Persuasive      These are decisions taken using historical facts    The decisions of the foreign courts , the judgment of Irish      courts and international courts  Original   When there is no other precedent the judges may create a new one to fill the void. Stare decisis  Orbiter dictum  Judges may s...

Custom

 Custom - It is one of the source of law but it is rejected by the English jurists  Savigny - approved custom but not Austin. Reasonable  the usage of custom law must be reasonable  Not because it has prevailed for so long if unreasonable will be replaced by statutory law. Immemorial time  How for man remembers the origin of custom is the question  If the custom has been in practise for more than centuries it is unquestionably law anywhere between 12 and 19 century  If it traced its origin before 20 years then  it is a question of dispute. In line with statutory law The recent customs should be Adjusted to Current statutory laws otherwise it will be replaced that is why a lot of custom As been abondoned because the people who practise left it alone. Necessity  Custom why popular Since it is the law that existed before statutory  It is the law of the society rather than the state.  Custom and prescription  The inheritance of lan...

Schools of jurisprudence

 Philosophical school Socrates, plato, aristotle Historical school  Savigny  Custom - it is the law by itself it does not get recognition from the state . It is independent source . Realistic school Analytical school They opposed the historical sources of law and established the legislation , percedent and statues would be the source of law. English jurists rejected customs.  Jeremy bentham Precedent - precedent are dogs law it does not exist until the dog disobeys.  John Austin  Custom - the custom is not source of law he rejects the historical use of law . The custom receives its recognition from the courts which are precedent.  salmond Sociological school

General defences

 Volenti non fit injuria       Act of god  Mistake Inevitable accident  Brown v kendall  Necessity  Statutory authority