Where a person does some act which he is lawfully entitled to do on his own land it will constitute a nuisance if it causes physical damage to his neighbour's property, unless there is justification. Possible justifications are that the damage is a natural result of a reasonable use by a person of his own property1, or that the act was done under statutory authority and that every reasonable precaution was taken to prevent it causing damage2, or that the act was done under agreement, expressed or implied, between the doer and the person affected3, or that the damage
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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