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Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
Breach of undertaking; Breach of a duty imposed upon a solicitor by rules of court; The use of insulting or threatening language in the magistrates' courts or against a magistrate is in breach of section 99 of the Magistrates Ordinance (Cap 227) which states the magistrate can 'summarily sentence the offender to a fine at level 3 and to ...
In addition, the Code allows a court to order specific performance where "the goods are unique or in other proper circumstances", leaving the question of what circumstances are proper to be developed by case law. The relief of Specific Performance is an equitable relief which is usually remedial or protective in nature.
It was there held, that contracts for the sale of real estate are merely on condition that the vendor has a good title; so that, when a person contracts to sell real property, there is an implied understanding that, if he fail to make a good title, the only damages recoverable are the expenses which the vendee may be put to in investigating the ...
Although a suit for breach of contract is relatively straightforward, there are advantages in bringing a parallel suit in misrepresentation, because whereas repudiation is available only for breach of condition, [17] rescission is prima facie available for all misrepresentations, subject to the provisions of s.2 of the Misrepresentation Act ...
For example, in English law, restitution for breach of fiduciary duty is widely available but restitution for breach of contract is fairly exceptional. The wrong could be of any one of the following types: A statutory tort; A common law tort; An equitable wrong [24] A breach of contract; Criminal offences; Note that 1–5 are all causative ...
In criminal law, due diligence is the only available defense to a crime that is one of strict liability (i.e., a crime that only requires an actus reus and no mens rea). Once a criminal offence is proven, the defendant must prove on balance that they did everything possible to prevent the act from happening.
In its coverage, Title 18 is similar to most U.S. state criminal codes, typically referred to by names such as Penal Code, Criminal Code, or Crimes Code. [2] Typical of state criminal codes is the California Penal Code. [3] Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American ...
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