"Many losses resulting from tort could be described as economic; the term is usually used to cover losses which are 'purely' economic meaning those where a claimant has suffered financial damage that does not directly result from personal injury or damage to property, as when a product brought turns out to be defective, but does not actually cause injury or damage to other property". Catherine Elliott & Frances Quinn (7th Edition). A plaintiff can claim in negligence if he suffers financial l...
The conflict that took place within the Republic of Bosnia-Herzegovina amongst the three major racial factions, the Serbians, Croatians and the Muslims, brought about mass annihilation perpetrated by the Serb forces against the Muslim civilians of Bosnia. Bosnia had been one of the numerous states that were created after the disintegration of Yugoslavia, a non-sectarian nation that consisted of various racial and religious factions that existed as adversaries or even staunch antagonists since...
Mediation is more time saving than litigation. It is a quick process involves the coming into a mutually acceptable agreement to settle the dispute by both sides of the parties. The mediator, who act as the middleman of the disputed parties helps the parties to reflect the benefit concerned by the parties to each other in a private and confidential manner. The whole process, from the application of the mediation to the settlement usually will not take a very long time. Unlike mediation, litig...
The Woolf reforms have successfully increased access to justice for litigants despite being confronted with extensive variables and multifaceted difficulties. However, the reforms have failed in some major aspects, ultimately falling victim to the notoriety and reality of legal reform. The civil justice system and the Woolf reforms will firstly be discussed, moving into an analysis of the prominent areas of the Civil Procedure Rules, with the essay concluding with an overall analysis of the r...
Abstract After the settlement of an undeclared war, also known as Confrontation in 1966, Indonesia and Malaysia bilateral relations worked together closely under the new leadership of President Suharto. Indonesia and Malaysia was always known to have a relation of brotherhood, in other words "Serumpun" or solidarity since both countries shares a common language, culture, and also identity. However, despite the solidarity that both countries shares, still, Malaysia and Indonesia appears to hav...
From times immemorial, it has been accepted that the enforcement of the law for the maintenance of peace and tranquility in the society has to be entrusted upon certain individuals or agencies. This was considered as a prerequisite to the survival of a society because without such determined agencies to enforce the law, the society would be in a complete chaos with every person having unrestricted authority to do what he wants. This point was also illustrated by H.L.A. Hart [2] where he stage...
Two elements comprise nearly all crimes, a guilty mind (mens rea) and a guilty act (actus reus). "An act does not make a man guilty of a crime, unless his mind is also guilty." It is, therefore, not the act which is guilty but respectively the man and his mind. A substantiation of an actus reus is required in every crime. Also, there is a presumption that every element of the actus reus needs proof of a consequent mens rea. Where the presumption of mens rea is not applicable, such offences ar...
One of the hardest things to sort out in law school is whether to choose a litigation or transactional career. [1] The question seeks an answer as graduation approaches and a choice needs to be made by the young 'legal eagle' as to which road he would want to tread upon. Upon graduation from law school, it is common to have some vague or otherwise highly focused notion, of the substantive direction one see's his career progressing. Regardless of whether it projects towards a large firm rotati...
UNCLOS, United Nations Convention on the Law of the Sea, opened for signature 10 Dec 1982, 1833 UNTS 397, entered into force 16 Nov 1994. Vienna Convention on the Law of Treaties, 1969, 1155 U.N.T.S. 331 Cases Island of Palmas Arbitration: U.S. v. Netherlands; 2 R. Int'l Arb. Awards 829, 846)(Perm. Ct. Arb. 1928) Eritrea v. Yemen, 22 R. Int'l Arb. Awards 211, (Perm. Ct. Arb. 1998), Land, Island and Maritime Frontier Dispute (El Sal. v. Honduras.), 1992 I.C.J North Sea Continental Shelf Cases ...
"Litigation… has gotten out of hand. It has become so expensive, time consuming, combative, protracted, and destructive of relationships that better means of resolving disputes must be considered. Fortunately, there is a trend throughout the country to use alternative means of dispute resolution in lieu of traditional litigation, with substantial benefits to all concerned." [1] Whilst the above quote refers to litigation in the United States, Hutchinson outlines certain problems that are oc...
