Common law world review最新文献_第2页

Witchcraft imputations and the tort of defamation in Ghana 加纳巫术归责与诽谤侵权

Common law world review Pub Date : 2023-09-11 DOI: 10.1177/14737795231201433

Emmanuel Sarpong Owusu

{"title":"Witchcraft imputations and the tort of defamation in Ghana","authors":"Emmanuel Sarpong Owusu","doi":"10.1177/14737795231201433","DOIUrl":"https://doi.org/10.1177/14737795231201433","url":null,"abstract":"Witchcraft beliefs have been the cause of some of the cruellest crimes against vulnerable groups, particularly the elderly, in many African societies since the pre-colonial era. People accused of being witches are often subjected to all manner of mistreatments – ostracism/banishment, discrimination, physical assault or torture, lethal violence and so on. However, there are rare instances where the hunted (the accused witches) turn the tables on the hunters (their accusers) with claims of defamation, but such legal battles tend to be complicated. The present study explores the Ghanaian courts’ attitude towards witchcraft-related defamation claims/lawsuits, examining how they have navigated the complex and often confusing system of legal pluralism since the 1970s. It establishes that mere insults and name-calling, including witchcraft accusations, are generally not actionable under the received common law. However, under the Ghanaian customary law, insults and name-calling that impair or are likely to impair one's dignity are actionable per se. The paper notes that the courts in Ghana at times apply the principles of both customary law and the received common law when dealing with witchcraft-related defamation claims.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136024143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Change of position as defence to unjust enrichment claims: Stories from Hong Kong 为不当得利辩护的立场转变:来自香港的故事

Common law world review Pub Date : 2023-09-01 DOI: 10.1177/14737795231194084

Siyi Lin, Henry ZY You

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Relational contract theory, the relevance of actual performance in contractual interpretation and its application to employment contracts in the United Kingdom and Australia 关系合同理论，合同解释中实际履行的相关性及其在英国和澳大利亚就业合同中的应用

Common law world review Pub Date : 2023-07-17 DOI: 10.1177/14737795231188384

A. Gray

{"title":"Relational contract theory, the relevance of actual performance in contractual interpretation and its application to employment contracts in the United Kingdom and Australia","authors":"A. Gray","doi":"10.1177/14737795231188384","DOIUrl":"https://doi.org/10.1177/14737795231188384","url":null,"abstract":"This article articulates a theory of relational contract, as an alternative to traditional freedom of contract philosophy. The law has moved away from freedom of contract to some extent, and it can be criticised on the basis of its unrealistic assumptions and detachment from the typical reality of parties’ contracting. Relational contract theory is a possible suitable alternative theoretical framework. It may be useful in relation to contract interpretation. Specifically, it can be utilised to support a broader approach to contract interpretation, with the court focussing on the entirety of the parties’ relations, including the written terms and also subsequent performance. It enjoys some support in the United Kingdom and in other common law jurisdictions. It can support the view taken by two justices of the High Court of Australia in a recent contract interpretation decision involving employment contracts. The article favours the approach taken by these justices, rather than that of the majority, whose judgment reflects classic contract law sentiments at odds with the general direction of contract law in comparative jurisdictions.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"52 1","pages":"61 - 100"},"PeriodicalIF":0.0,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44627781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Financial relief after foreign divorces and competing public policies 外国离婚和竞争性公共政策后的财政救济

Common law world review Pub Date : 2023-06-25 DOI: 10.1177/14737795231184491

M. Tan

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Book review: IP laws and regimes in major Asian economies – combing through thousand threads of IP to peace in Asia 书评:亚洲主要经济体的知识产权法律和制度——梳理知识产权与亚洲和平的千丝万缕

Common law world review Pub Date : 2023-03-01 DOI: 10.1177/14737795231166965

Jia Wang

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Erratum to IP laws and regimes in major Asian economies – combing through thousand threads of IP to peace in Asia 亚洲主要经济体的知识产权法律和制度勘误——梳理亚洲知识产权与和平的千丝万缕

Common law world review Pub Date : 2023-03-01 DOI: 10.1177/14737795231180058

引用次数: 0

Is cryptocurrency personal property under Australian law? It depends 加密货币是澳大利亚法律规定的个人财产吗？这取决于

Common law world review Pub Date : 2023-03-01 DOI: 10.1177/14737795231166969

Weiping He

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Negotiation and the law of contract – multivalency or incoherence? 谈判与契约法——多价性还是不连贯?

Common law world review Pub Date : 2023-03-01 DOI: 10.1177/14737795231166966

C. H. Soper

{"title":"Negotiation and the law of contract – multivalency or incoherence?","authors":"C. H. Soper","doi":"10.1177/14737795231166966","DOIUrl":"https://doi.org/10.1177/14737795231166966","url":null,"abstract":"Negotiation features in Contract Law in numerous guises. (1) Courts recognise that negotiation may precede agreement (2) Courts will enforce agreements made after a negotiation process where parties intended to enter into legally binding arrangements (3) Courts decline to construe the contract by interrogation of the negotiations which led up to the point of agreement (4) A Court may create imaginary negotiation evidence, gleaning this from a Court simulated negotiation between hypothetical parties to the actual agreement (5) In the event of a breach of contract, a party may establish that the breaching party had actual knowledge of a state of affairs that might be a not improbable result of that breach. That actual knowledge will almost certainly have been created or transferred during negotiations. In this note, I argue that the principles of construction at 3 and 5 above are manifestly mutually incompatible. The logic of my argument is that reconsideration of the exclusionary rule is merited, particularly in the light of multiple exceptions and given the fact that Judges routinely deal with evidence of negotiations. As the actual knowledge rule is unexceptionable and the exclusionary rule highly questionable, coherence can be brought to the law relatively easily.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"52 1","pages":"3 - 13"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41415723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Vicarious liability as risk-through-placing 作为风险转嫁的替代责任

Common law world review Pub Date : 2022-10-12 DOI: 10.1177/14737795221116397

Justin Tan

引用次数: 0

Beyond the Basic Law: Interpretive principles protective of fundamental rights in Hong Kong 《基本法以外:保障香港基本权利的解释性原则》

Common law world review Pub Date : 2022-10-12 DOI: 10.1177/14737795221116395

Benedict Coxon

{"title":"Beyond the Basic Law: Interpretive principles protective of fundamental rights in Hong Kong","authors":"Benedict Coxon","doi":"10.1177/14737795221116395","DOIUrl":"https://doi.org/10.1177/14737795221116395","url":null,"abstract":"In considering the protection of fundamental rights in Hong Kong, the Basic Law and the Bill of Rights Ordinance (Cap 383) (BORO) tend to be the dual focus. However, common law principles protective of fundamental rights continue to apply. These include principles of statutory interpretation such as the principle of legality (the presumption that general or ambiguous words in legislation are insufficient to interfere with certain common law rights) and the presumption that legislation is to be interpreted consistently with international treaties. This article considers the role of these common law interpretive principles in Hong Kong, and, in particular, the scope for their application in light of the Basic Law and the BORO. It concludes that the protection of fundamental rights in Hong Kong will continue to focus on the Basic Law and the BORO for so long as the current constitutional arrangements persist. However, the courts ought to take care to pay due regard to the relevant common law interpretive principles, including the stringency of the test of necessary implication where a statutory interference with rights is not express, and the potential for the International Covenant on Economic, Social and Cultural Rights to be relevant to statutory interpretation.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"51 1","pages":"248 - 267"},"PeriodicalIF":0.0,"publicationDate":"2022-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43864923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0