if several factors are causing the damage, discussion about the damage distribution and the share of each parts is one of the important issue in the law of civil liability. law in the few cases has adopted different approaches, legal doctrine provides different views and the difference is evident in the precedent. this is a controversial issue in the jurisprudence and should be review since the...

knowing of formation of a legal rule is an efficient way to recognizing and assessing of that rule. anticipatory breach doctrine became apparent in common law when the court in hochster versus de la tour case (1980), hold that a party could breach an executor contract prior to the performance date and injured party entitle to sue at once. before it, courts had made a negative answer to this mat...

The term "custom" in English jurisprudence has been applied to such diverse bodies of law as public international law, the custom of Britain's constitution, the international law of merchants and even the common law itself.' The judicial doctrine of custom is more precise. It is the doctrine by which ancient customs practiced by a definite community in a distinct geographical locale, though con...

the doctrine of piercing the corporate veil fascilitated holding directors liable for corporate debt. nevertheless, the doctrine is not a seperate cause of action. directors are bound by fiduciary duty, duty of loyalty and duty of care and skill to the corporation and its shareholders. however, there is not such a contractual relationship between directors and creditors. thus, requiring directo...

this sentence is what a prominent english judge has said about the power of judges in dealing with cases in english law. an example of this power can be found in contractual terms for damages called penalties and liquidated damages. as it is expected, contracts are basically made to be performed and not to be avoided according to the whims of market fluctuation. however, the adherence to freedo...

Courts often hold legislation unconstitutional, but nearly always only part of the statute offends. The problem of partial unconstitutionality is therefore pervasive and persistent. Yet the exclusive doctrinal tool for dealing with this problem—severability doctrine—is deeply flawed. To make matters worse, severability doctrine is purportedly necessary for any workable system of judicial review...