Uncommon Law: Being 66 Misleading Cases

Absurdities of English legislation are illustrated in sixty six satirical essays which are thought-provoking and a laugh. a number of the situations provided, regardless of how ridiculous, are nonetheless studied at the present time. there's the well-known case of Albert Haddock, who wrote out a cost to the Collector of Taxes on a cow. Then there's the case of Mr. and Mrs. Pratt, who, even supposing fortunately married, obtained divorced in an effort to pay much less source of revenue tax. This booklet will train extra approximately felony complaints than such a lot attorneys comprehend, supplied the reader can cease guffawing lengthy adequate to benefit.

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Haddock should still prevail upon rules analogous to these which govern the activities of ships at sea. There appears found in the minds of the respondent and his advisers the suggestion that he has rights at the highroad earlier or greater to these of Mr. Haddock. ^ The proposal, after all, is opposite to historical past, to social justice and to well-accepted ideas of universal legislations. ^ however the truth continues to be that at any time when the query arises at the highroad: 'Shall A, the walker, or B, the motor-driver, pause in his growth or deviate from his direction with the intention to stay away from a coUision? ', the idea — A ^ enjoyable reversion to the outdated legislation of 'deodand', below which a personid chattel which were the speedy party of the demise of any average creature used to be forfeited to the Crown, to be utilized to pious makes use of, as e. g. the place an grownup (but now not an child) fell from a cart or horse and used to be killed. See Maltravers' Case (i Bole 1731) within which a homicidal bull was once held no longer chargeable for forfeit, the deceased being a — lady. * it really is occasionally subsidized by means of the impudent plea that the motorist will pay a petroleum accountability which isn't borne via the pedestrian. that is like asserting that he who can pay tasks on liquor has a greater correct to go into a resort than a teetotaller: or that he who can pay tobacco-duty is entitled to blow smoke within the face of a non-smoker. ^ Qui previous est tempore potior est jure. unusual legislation one hundred thirty is continuously mad£ through B^ that pauses, deviates, or stops. it needs to, or And will, be A who the defendant lower than cross-examination admitted that this assumption used to be operative in his brain while he observed Mr. Haddock soaring anxiously within the gutter; that is tantamount to asserting that he has a greater correct to occupy the line than Mr. Haddock. For what cause? simply because he's answerable for a automobile owning nice mobiHty and Mr. Haddock isn't. yet what's the right end from that? that he's greater capable of maintain out of how, and accordingly, to date from having better rights, he has larger responsibiUties. the rule of thumb of the line at sea offers a awesome and instructive parallel. it's the rule at sea steamvessel shall, at her peril, preserve out of ways of weaker vessels that's to assert, of saiUng-ships or oared boats. the main of that's the precept already adumbrated: that the steamer, having the higher strength and potential for manoeuvre, in a position to continue simply at — will in any wanted course, the avoidance of collisions. is the higher built for The better the persistent the higher the obligation; now not, because the respondent turns out to assert, the higher the facility the larger the rights. The steam-vessel isn't too proud to change her path or decrease her velocity with the intention to stay away from a sailing-vessel. are these sailing-vessels that are run down through steamers defined as 'jay-sailors' or recorded con- Nor temptuously as having been sunk via crossing the ocean'. The 'carelessly sailing-vessel, just like the walker, should be virtually out of date, yet she keeps her rights; she ventures expectantly around the seas and isn't pressured to cower in port end result of the expanding velocity and gear of the steamer.

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