Example sentences of "[adj] [noun sg] at common " in BNC.
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| 1 | The non-availability of this defence at common law is one of the reasons why local authorities , having decided to take action in the High Court , in order to secure an injunction requiring the cessation of the odour , often prefer to bring an action in respect of a public nuisance rather than rely on s.100 of the Public Health Act 1936 where it is uncertain whether or not the defence of best practicable means is available . |
| 2 | Where odours arising from offensive trades are , however , in the opinion of the local authority a statutory nuisance within s.92 of the Public Health Act 1936 the local authority is under a duty to take action to seek the odour 's abatement and compliance with the byelaws bestows no immunity in respect of any action which may be taken using the statutory nuisance provisions , nor in respect of any action for a private or public nuisance at common law . |
| 3 | There being no applicable statute to regulate the position , the revenue has to maintain this position at common law . |
| 4 | Civil Liability at Common Law |
| 5 | The limitations of individual recovery at common law led some courts to develop a rule allowing the corporation to recover the insider 's profits by way of a derivative action which encompassed the situation where the insider traded on impersonal stock markets . |
| 6 | ‘ The defence does not arise on a plea of autrefois convict , but on the well-established rule at common law , that where a person has been convicted and punished for an offence by a court of competent jurisdiction , transit in rem judicatam , that is , the conviction shall be a bar to all further proceedings for the same offence , and he shall not be punished again for the same matter ; otherwise there might be two different punishments for the same offence . |
| 7 | The basic distinction at common law is between statements which are intended to be terms of the contract of supply , ie promissory in nature , and statements which are representational in nature . |
| 8 | This restates the previous position at common law , that a person who holds himself out as being prepared to carry out a service is expected to exercise a level of skill that could be expected of a reasonably competent member of the relevant trade . |
| 9 | There are not two |
| 10 | The reader should be aware , however , that recent years have seen the enactment of a number of important statutory forms of liability in particular areas of exceptional risk which go a long way towards avoiding the likelihood of protracted litigation inherent in the ill-defined nature of the rules of strict liability at common law . |
| 11 | It is difficult to imagine situations where a clause could be construed in that way at common law and still be judged reasonable under the Act . |
| 12 | On the contrary they assist the plaintiff to the extent that his case accords with legislative policy and the Act at least recognises the possibility that he has a valid claim at common law — the fact that the Law Commission , whose Report on Injuries to Unborn Children ( 1974 ) ( Cmnd. 5709 ) led to the Act of 1976 , considered this a probability is perhaps not a matter which the plaintiff can properly pray in aid . |