Example sentences of "[art] [noun] at common " in BNC.
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| 1 | The other view is that where the conduct of the plaintiff would have given rise to the defence at common law if he was suing for negligence , the defence is applicable . |
| 2 | The existence at common law of the tort of enticement of a servant has already been noticed , but though to modern eyes it involved A persuading B to break his contract with C its historical origins lie more in status than in contract . |
| 3 | First , it seems that as was the case at common law in classifying animals as ‘ ferae naturae , ’ the question of whether an animal belongs to a dangerous species is one of law for the court . |
| 4 | One can compare liability under the rule with the liability at common law for dangerous animals which was stricter . |
| 5 | In assessing whether there is likely to be prejudice and if so whether it can properly be described as serious , the following matters should be borne in mind : first , the power of the judge at common law and under the Police and Criminal Evidence Act 1984 to regulate the admissibility of evidence ; secondly , the trial process itself , which should ensure that all relevant factual issues arising from delay will be placed before the jury as part of the evidence for their consideration , together with the powers of the judge to give appropriate directions to the jury before they consider their verdict . |
| 6 | In assessing whether there is likely to be prejudice and if so whether it can properly be described as serious , the following matters should be borne in mind : first , the power of the judge at common law and under the Police and Criminal Evidence Act 1984 to regulate the admissibility of evidence ; secondly , the trial process itself , which should ensure that all relevant factual issues arising from delay will be placed before the jury as part of the evidence for their consideration , together with the powers of the judge to give appropriate directions to the jury before they consider their verdict . |
| 7 | He concluded that , albeit the discretion he had under section 78 of the Act of 1984 might be wider than the discretion at common law , the criteria of unfairness were the same whether the discretion was being exercised at common law or under the statute , that paragraph C10.1 had no application to the situation , and that admission of the challenged evidence would not have an adverse effect on the fairness of the trial within section 78 . |
| 8 | Prerogative may be defined as the exceptional position of the king at common law . |
| 9 | In the absence of express provision certain duties are imposed on the landlord at common law and by statute . |
| 10 | Either way , in the US at common law , an insider does not owe an outsider any duty of disclosure when the insider trades on impersonal stock markets . |
| 11 | The crucial question is to what extent these codes reflect the position at common law . |
| 12 | Before considering the development of insider trading at a federal level , let us look first at the position at common law . |
| 13 | I can summarise his submissions as follows : ( 1 ) Walker v. Great Northern Railway Co. of Ireland , 28 L.R.Ir. 69 correctly stated the position at English law up to 1976. ( 2 ) As the legislature has intervened in this field it is neither necessary nor appropriate for the judiciary to alter the position at common law . |
| 14 | In this case I am concerned with the position at common law before the statute came into force . |
| 15 | It is true that during the passage of the Bill , section 10 was explained as being intended to reflect the position at common law , in which there is respectable authority for the proposition that the client 's legal privilege can not attach to communications made with criminal intent . |
| 16 | Although this is the position at common law , we shall see that the Consumer Credit Act 1974 radically alters the position with respect to conditional sale agreements regulated by its provisions , thus making them significantly different in effect from credit sale agreements . |
| 17 | A narrow view would be that if contributory negligence was not a defence at common law , then it will not be available under the Act . |
| 18 | ( 2 ) Whether the right to free speech , whether as a right at common law , or under article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ( 1953 ) ( Cmd. 8969 ) , led to a different result in the case of a non-trading corporation which was also a public authority . |
| 19 | ‘ When will an offensive odour amount to a nuisance at common law , in the absence of actual physical damage to property ? ’ i.e. ‘ When will the interference caused by the perception of the odour be ‘ unreasonable ’ in the eyes of the law ? ’ |
| 20 | Often odour nuisance is the result of emissions from several sources , none of which alone would amount to a nuisance at common law , but should the aggregate odour amount to a nuisance at law , it is no defence that the nuisance was caused by many . |
| 21 | A water authority will , therefore , be in breach of its statutory duty if it permits obnoxious odours , which amount to a nuisance at common law , to emanate either from its sewage disposal works , or due to any recycling of treated or untreated sewage sludge on to farm land , and it is open to a local authority or person aggrieved , in the absence of informal agreement perhaps via a Liaison Committee , to seek an injunction to restrain the water authority from causing the nuisance . |
| 22 | Such a construction put on the word ‘ nuisance ’ however renders the public health legislation ineffective in controlling odours which are neither prejudicial to health nor amount to a nuisance at common law but are still a source of annoyance and it still leaves environmental health officers with the task of assessing whether the odour complained of amounts to a common law nuisance . |
| 23 | It was further decided that such watching and besetting might be a nuisance at common law and illegal on that ground also . |
| 24 | In Tynan v. Balmerls ( 1966 ) forty pickets in a continuous circle around a factory ( which had the effect of sealing off the highway ) were held not to be legalized by the Act of 1906 because their action was a nuisance at common law and an unreasonable use of the highway . |
| 25 | As to the former , before 1968 robbery was a felony at common law and , according to Archbold , Criminal Pleading Evidence & Practice , 36th ed. ( 1966 ) , p. 644 , para. 1761 , consisted |
| 26 | The judge ruled that the whole operation including the obtaining of fingerprints on the receipts had to be considered as a whole , and , since the evidence at the shop had admittedly been obtained from the appellants by a trick after the offences charged had been committed , he had a discretion at common law to exclude the challenged evidence if its admission would prejudice a fair trial . |
| 27 | ‘ That a corporation at common law can sue in respect of a libel there is no doubt . |
| 28 | Therefore it appears to me clear that a corporation at common law may maintain an action for a libel by which its property is injured . |
| 29 | ‘ That a corporation at common law can sue in respect of a libel there is no doubt . |
| 30 | Therefore it appears to me clear that a corporation at common law may maintain an action for a libel by which its property is injured . |