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The Rule of Law (ROL) is one of the three central doctrines of the English constitution, alongside the Separation of Powers and Parliamentary Sovereignty. It was first explained by the jurist AV Dicey in 'An Introduction to the Law of the Constitution', who argued that there are three main rules that comprise the doctrine.
If "the receipt rule" (which I haven't heard of either) is that the acceptance must be received, then yes - the receipt rule applies to email. "The Eastern Navigator" establishes that it mustn't be bounced by the recipient's (offeror's) server. I've edited my original post with more detail, so see if that clears things up.
1. The rule of law is the principle that those exercising a governmental function should not be able to exercise power arbitrarily, but rather be subject to legal controls. De Smith stated that: ‘powers exercised by politicians must have a legitimate foundation…based on authority conferred by law’.
The eggshell skull rule (or thin skull rule) describes the principle that a defendant must "take the victim as he finds them". This means that particular vulnerabilities or frailties of a victim cannot be considered when determining the liability of the defendant. For example, if the defendant's action of punching the victim leads to death ...
If the literal rule causes absurdities to occur, the golden rule can be adopted in order to come to another outcome. An example of this is Adler v George [1964]. In this case it was an offence under 'section 3 of the Official Secrets Act 1920' to obstruct HM forces in the vicinity of a prohibited area.
The Golden Rule is used to interpret ambiguous meanings arising within Statutes. There are two forms of the Golden rule; narrow and wide. The Narrow approach as defined in Jones v DPP (1962) by Lord Reid states "If they are capable of more than one meaning, then you can choose between those meanings". This occurred within R v Allen (1872) where ...
21. Original post by Miracle Day. Was wondering if the students on here could help me. A disadvantage I've noted is the fact the postal rule gives more commercial certainty, the acceptance is in the offeree's court as usual, and the offeror can't just discard the acceptance by playing ignorant of the acceptance which would be possible with the ...
Dec 29, 2016 · It was inspiring to see how a respect for Human Rights meant that even an individual could challenge the State- a fundamental axiom in the rule of law. This prompted me to read Lord Bingham's "The Rule of Law" and Kafka's "The Trial". Both books stressed the importance of the rule of law, since it provides a means of preventing injustices in ...
The postal rule states that an offer is deemed to be accepted from the time the acceptance was posted, presuming that a response via the post was in reasonable contemplation of the parties. This means that if A sends an acceptance of B's offer in the post on Tuesday, but B never receives the acceptance because it gets lost in the post, or he ...
Coincidence of actus reus and mens rea is the principle that both the mental and physical element of the crime must be present in order for someone to be liable for murder. This is often called the contemporaneity rule and is often trickier than it seems. In some cases it can be difficult to tell when intent came into play and as a result it is ...
