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A common law concept of privacy is increasingly being recognised by the courts.
Here, however, the judgment is based on a common law concept of the most general and undefined nature.
Dudley, a question for you: Do you believe in the common law concept of the presumption of innocence?
The English common law concept of coverture, the legal subordination of a married woman to her husband, prevailed in the United States until the middle of the 19th century, when the economic realities of life in the New World demanded greater flexibility for women.
This approach to the tort of trespass to chattels should hurt no one's policy feelings; after all, what is being attempted is to apply a medieval common law concept in an entirely new situation which should be disposed of by modern law designed to protect intellectual property interests.
This common law concept relieves a party from fulfilling a contract if unforeseen circumstances make it impossible to do so.
Similar(54)
And while "[w]hat constitutes negligence for the statute's purposes is a federal question," Urie, 337 U. S., at 174, we have made clear that this federal question generally turns on principles of common law: "the Federal Employers Liability Actt is founded on common law concepts of negligence and injury, subject to such qualifications as Congress has imported into those terms". Id., at 182.
As of now, the law has not adequately secured the "smart" home from intrusion by the state, and the Supreme Court further eroded digital privacy by conflating the common law concepts of trespass and exclusion in United States v. Jones.
Even worse are vague laws that aren't actually laws at all but common law concepts--most notably the theory of "public nuisance". This is an ancient legal concept that started out as a crime but is now regarded as a civil law matter.
Think of the common-law concept of fiduciary duty applied to lawyers and agents, transplanted to the public sector.
A common-law concept, the trust plays a big role in Britain's offshore satellites, especially Jersey, a small island with 4,500 trust professionals.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com