By statute a claim of tort may not normally be brought more than six years after the cause of action accrued1, and a claim for an account may not be brought after the expiration of any statutory time limit applicable to the claim which is the basis of the duty to account2. In a claim of tort in respect of the wrongful working of minerals, time normally runs from the date of the working3. The onus is on the defendant to show what portion of minerals found to have been abstracted was taken before the commencement of the six-year
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This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
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On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
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