Mistaken sex by Herring, J

“…It argues that the traditional common law approach is too narrow and that the law should find that in any case where people consent to sexual activity while mistaken as to a fact about which had they known the truth they would not have consented there is no consent. …”

The nature of trusts and the conflict of laws by Agnew, S, McFarlane, B

“…Considers, with reference to trusts and other equitable interests, the challenges involved in managing relevant conflicts of laws such as those involving proprietary or relational interpretations of trusts, those between common law and equity, and those between national law and external legal systems. …”

Habilidade Gerencial e a Conformidade Contábil-fiscal by Dyeniffer Packer Eigenstuhler, Cristian Baú dal Magro, Sady Mazzioni

“…O estudo reforça a premissa de que as empresas de países common law e com maior habilidade gerencial estão preocupadas com a informação contábil de maior qualidade aos usuários externos, dando menos ênfase no uso da contabilidade societária para apuração tributária. …”
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Entire Agreement Clauses: Convergence between US and Danish Contract Law? by Katerina Mitkidis, Thomas Neumann

“…When relying on those models, contractual parties often embrace not only the actual wording, but also the contract drafting style typical for common law countries. In this way, common law concepts and rules can be transferred to civil law jurisdictions, however, without certainty about the legal effects. …”
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Aspects of the application of issue Estoppel on directors’ fiduciary duties in South Africa: possible lessons from the United Kingdom and related jurisdictions Royal Sechaba case by Howard Chitimira

“…Likewise, similar common law principles are employed in the United States of America (USA), Canada and Australia to distinguish res judicata and issue estoppel in various ways. …”
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How Do Legal Rules Evolve? Evidence from a Cross-Country Comparison of Shareholder, Creditor, and Worker Protection by Armour, J, Deakin, S, Lele, P, Siems, M

“…Proponents of this view assert that the "family" within which a country's legal system originated-be it common law, or one of the varieties of civil law-has a significant impact upon the quality of its legal protection of shareholders, which in turn impacts upon economic growth, through the channel of firms' access to external finance. …”

How do legal rules evolve? Evidence from a crosscountry comparison of shareholder, creditor, and worker protection by Armour, J, Deakin, S, Lele, P, Siems, M

“…Proponents of this view assert that the "family" within which a country's legal system originated—be it common law, or one of the varieties of civil law—has a significant impact upon the quality of its legal protection of shareholders, which in turn impacts upon economic growth, through the channel of firms' access to external finance. …”

Towards harmonisation of the ASEAN contract law: the legal treatment of unfair consumer contract terms among selected ASEAN member states by Azimon Abdul Aziz, Suzanna Mohamed Isa, Sakina Shaik Ahmad Yusoff, Ong, Tze Chin

“…The experience of the common law countries of the ASEAN member states in controlling the use of unfair terms in consumer contracts demonstrate a different regime of protection as opposed to the civil law countries. …”
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Annotazioni sulla certezza come verità del giudicato a partire dalle tesi di Calogero e Calamandrei by Giulio Donzelli

“…The paper illustrates the mainstream thinking according to which the case law is considered as a source of law in the common law legal systems, as well as in the civil law ones. …”
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Resolution and termination by Adina FOLTIŞ

“…The resolution, the termination and the reduction of labour conscription are regulated by articles 1549-1554 in the new Civil Code, which represents the common law in this matter. We appreciate that the new regulation does not conclusively clarify the issue related to whether the existence of liability in order to call upon the resolution is necessary or not, because the existence of this condition has been inferred under the previous regulation from the fact that the absence of liability shifts the inexecution issue on the domain of fortuitous impossibility of execution, situation in which the resolution of the contract is not in question, but that of the risk it implies.…”
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Appunti sulla regola dell'onere della prova nel diritto processuale civile inglese by Laura Durello

“…Examining the burden of proof in English common law, intended both as burden of persuasion and burden of adducing evidence, provides food for thought and leads to an indepth analysis, from a comparative perspective, of the burden of proof as regulated by article 2697 of the Italian Civil Code. …”
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ACCESS TO JUSTICE AND ABUSES OF CONTRACT by Margaret Jane Radin

“…A brief comparison of US and Canadian common law suggests that Canada’s legal system is less willing to allow these inroads into access to justice.…”
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Religious Freedom and Education in Australian Schools by Paul Babie

“…This article provides both an overview of the judicial treatment of the constitutional, legislative, and common law protection for FoRB and a consideration of emerging issues in religious freedom in both government and religious non-government schools, suggesting that the courts may soon be required to provide guidance as to how the available protections operate in both settings.…”
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Strict liability in criminal law : a comparative approach by Kamaruddin, Zaleha

“…It is the aim of this book to highlight the lacunae in the common law concept of strict liability. Strict liability is a technical area of the law. …”
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The nature of trusts and the conflict of laws by Agnew, S, McFarlane, B

“…Considers, with reference to trusts and other equitable interests, the challenges involved in managing relevant conflicts of laws such as those involving proprietary or relational interpretations of trusts, those between common law and equity, and those between national law and external legal systems. …”

Book review: A History of Australian Tort Law 1901-1945: England's Obedient Servant?' by Mark Lunney (Cambridge University Press, 2018) by Goudkamp, J

“…This book review of Mark Lunney's work emphasises the distinctively Australian law developed by local courts and local legislatures, despite the existence of a right of appeal to the Privy Council and the notion of a single common law of England. It also addresses the use of primary contemporaneous materials, including newspaper reports and judicial diaries, and the role of legal history in the principled and coherent development of the law in the 21st century.…”

Perlindungan undang-undang harta intelek cap dagangan di Malaysia dan Indonesia by Ahmad Shamsul Abd Aziz

“…In our country, any infringement of unregistered mark is actionable under common law principles of passing-off…”

The Development of Feminist Jurisprudence by Margaret Thornton

“…I draw particularly on the Australian experience, which bears many similarities with other common law countries.…”
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Democracy, Sovereignty and Europe by Colm O'Cinneide

“…<p>Fifty years after Ireland and UK joined the EEC together in January 1973, the two states find themselves on radically different European trajectories. Both are common law countries with shared traditions of parliamentary governance and strong cultural links to the wider Anglosphere. …”
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Pedro de Valencia et la construction de l’ennemi intérieur by Vincent Parello

“…Illegitimate son of Abraham by way of Ishmael, heretic and common law offender, individual with unbridled sexuality, he is the barbarian who risks destroying the very foundations of the monarchy from within with the help of the Turks, the Barbarian pirates and Spain's external enemies.…”
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