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901
Recovery of interest / financing charges due to prolongation in construction contract
Published 2010“…Under the general principle of common law, financial loss in the form of interest charges is not recoverable without any express contractual or statutory provisions except claim under special damages. …”
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Thesis -
902
Time at large and reasonable time for completion
Published 2007“…However, during the execution of the contract, circumstances may arise which render that completion date unenforceable. At common law, the contractor’s obligation to complete the works by the specified date is removed if the employer delays the contractor in the execution of the works. …”
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Thesis -
903
Constructive dismissal: The management dynamics
Published 2014“…Constructive dismissal a fiction of law wherein a worker ceases employment simpliciter at his own violation consequential upon the infringement of the employer who transgressed on his contractual obligation hence breaching the contract of employment.The worker resigned immediately and henceforth commenced legal redress through filing a suit for constructive dismissal.The abundance of such cases reflect the gravity of the transgression and as it strikes to the core issue of one’s livelihood which has been liken to one proprietary right guaranteed under the Federal constitution which are the mirror reflection in this respect of the Universal Declaration of Human Rights 1948.The law as it stands approved this notion of legal fiction as developed by the common law which underlying principles have been firmly established in our jurisprudential reasoning in many cases rehearsed before our courts. …”
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Conference or Workshop Item -
904
Presumption of death law in Malaysia: the case of missing persons
Published 2018“…To cater the issue, the judiciary has followed the common law doctrine of presumption of death rules to handle long-term unexplained absences. …”
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905
The Incorporation of Collective Bargaining Agreement in Individual Employment Contract in Nigeria
Published 2022“…Using doctrinal legal research method, the paper found that the interpretation of the courts on the enforceability of collective bargaining in Nigeria is based on the old principle of common law, which states that collective agreement is not legally binding on the parties unless it has been integrated into the employment contract based on privily of contract. …”
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Conference or Workshop Item -
906
Disclosing HIV Status:Vis-avis Confidentiality, Right to Privacy and Public Interest
Published 2018“…Although this is a common law principle, sometimes it conflicts with the public interest and duty to warn a third party. …”
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Article -
907
Limitation period of action for specific performance in contract of sale of land: Revisited
Published 2007“…In all legal systems based on common law, limitation period play an important part in all of its civil actions.Any failure on part of the litigating parties to commence legal action in court within the stipulated limitation period, would, instead, bar the legal action instituted.The limitation period for all actions founded on contract pursuant to section 6 of the Limitation Act 1953 is 6 years.However, based on the decided case-law, the limitation period for action of specific performance of a contract of sale of land, notwithstanding this action is unequivocally founded on contract,is 12 years,not 6.This is because all actions for specific performance of contract of sale of land were and are considered in the decided case-law to be actions 'to recover land'. …”
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Conference or Workshop Item -
908
A Qualitative Study On the Doctrine of Privity to Circumvent Its Effect On Subcontractor’s Payment Claim
Published 2023“…In common law jurisdictions, the doctrine of privity has been criticised by the judiciary and academic commentators, particularly the second rule of doctrine, which states that a person who is not a party to the contract cannot sue on it to obtain promised performance, although the contract has been formed with the intention to benefit him. …”
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Article -
909
Profile of pregnant women diagnosed with syphilis
Published 2017-03-01“…Results: 46.3% of pregnant women had a common-law marriage, 36% revealed having an incomplete elementary education, 30% were day workers and 86% had a monthly income of a minimum wage or less. …”
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910
THE POLICING OF MAJOR EVENTS IN CANADA: LESSONS FROM TORONTO’S G20 AND VANCOUVER’S OLYMPICS
Published 2015-10-01“…We assess past reliance on the common law, a Vancouver City bylaw, Ontario’s Public Works Protection Act [PWPA], and the policing and security provisions of the federal Foreign Missions and International Organizations Act (Foreign Missions Act) in order to determine which sorts of legal arrangements are most conducive to successful event management. …”
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911
Kalmyk Steppe of Astrakhan Governorate in the Early to Mid-19th Century: Stages and Key Patterns of the Administrative Governance System
Published 2023-12-01“…According to the document, efforts of the Russian Government across Kalmyk Steppe in the early-to-mid nineteenth century were primarily aimed at: 1) interacting with ethnic elites, endowing the latter with certain rights and privileges, involving them into the imperial power hierarchy at regional and local levels; 2) introducing (step by step) imperial legislative and court practices (common-law norms remain in force at lower levels for civil circulation); 3) laying foundations of imperial financial and tax policies (given that local elites would retain their original privileges). …”
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912
Disclosing details about the medical treatment of a deceased public figure in a book: Who should have consented to the disclosures in Mandela’s Last Days
Published 2017-11-01“…For instance, the law does not protect the confidentiality of deceased persons, and generally when people die their constitutional and common-law personality rights – including their right to privacy and confidentiality – die with them. …”
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913
CEO narcissism and corporate tax avoidance,
Published 2020-11-01“…Most studies examining the relation between corporate TA and CEO personality profile have been conducted in common law countries. According to the literature, TA behaviors are influenced by tax system specifics. …”
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914
Controversies in the legal regulation of same-sex couples in the Republic of Serbia in light of international law and comparative law
Published 2021-01-01“…Hence the aspiration for marriage to be equalized with common law marriages, including long term unions between individuals of the same sex. …”
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915
Approaches to consent in public health research in secondary schools
Published 2023-06-01“…Such research is instead covered by common law, which indicates that it is acceptable to seek students’ own active consent when they are judged competent. …”
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916
A Comparative Study on the Continuation of Rights after Death and the Viability of Proposing the Theory of the Legal Personality of the Deceased
Published 2023-12-01“…In the traditional common law system, death was regarded as the termination of legal personality. …”
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917
A Comparative Study of Jury Trial in Iranian and English Law in the Light of Multiple Streams Theory
Published 2023-12-01“…This article demonstrates, through the application of the aforementioned theory, that although the jury trial institution is a successful and effective institution in common law jurisdictions, it has not gained popularity in Iran. …”
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918
Contratos de Transporte Marítimo de Mercancías: del Harter Act norteamericano de 1893 a las Reglas de Rotterdam de 2008 y los tratados de libre comercio de Colombia con los Estados...
Published 2012-01-01“…El sistema establecido en la codificación continental y en el common law permitía acuerdos entre las partes como el establecimiento de cláusulas de "no responsabilidad" a favor de los navieros en el transporte marítimo. …”
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919
El debate entre el positivismo metodológico de H.L.A Hart y el iusnaturalismo moderno de Ronald Dworkin y su reflejo en el Derecho civil español
Published 2023-12-01“…Es también un debate abierto, si bien tanto en el ámbito del Common Law, como en el Derecho español prima el positivismo y la seguridad jurídica sobre la noción de justicia. …”
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920
Designing the global vaccine supply chain: balancing intellectual property rights with post COVID-19 vaccine equity
Published 2023-11-01“…Based on these findings, we proposed a comprehensive compulsory license system, which combines TRIPS’s compulsory license system with the third-party beneficiary mechanism under Common Law. This integrated approach offers a balanced solution that ensures fair compensation for vaccine developers while facilitating broader vaccine access.…”
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