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Premises are land and buildings together considered as a property. This usage arose from property owners finding the word in their title deeds , where it originally correctly meant "the aforementioned; what this document is about", from Latin prae-missus = "placed before".
Aristotle held that any logical argument could be reduced to two premises and a conclusion. [2] Premises are sometimes left unstated, in which case, they are called missing premises, for example: Socrates is mortal because all men are mortal. It is evident that a tacitly understood claim is that Socrates is a man. The fully expressed reasoning ...
At common law, in the case of landowners, the extent of their duty of care to those who came on their premises varied depending on whether a person was classified as a trespasser, licensee, or invitee. This rule was eventually abolished in some common law jurisdictions. For example, England enacted the Occupiers Liability Act 1957.
Legal syllogism is a legal concept concerning the law and its application, specifically a form of argument based on deductive reasoning and seeking to establish whether a specified act is lawful. [1] A syllogism is a form of logical reasoning that hinges on a question, a major premise, a minor premise and a conclusion.
Property Rules, Liability Rules and Inalienability: One View of the Cathedral is an article in the scholarly legal literature (Harvard Law Review, Vol.85, p. 1089, April 1972), authored by Judge Guido Calabresi (of the United States Court of Appeals for the Second Circuit) and A. Douglas Melamed, currently a professor at Stanford Law School.
The definition must be sought in case law. The currently applicable test for the status of "occupier" is the degree of occupational control. The more control a person has over certain premises, the more likely that person is to be considered "occupier" for the purposes of the two Occupiers' Liability Acts.
Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...