By Natalie Persadie, Rajendra Ramlogan
Commonwealth Caribbean enterprise Law breaks clear of the conventional English procedure of treating company legislation basically because the legislations of agreement and supplier. The ebook takes a breathtaking view of the root of varied felony structures with a next exam of alternative parts of felony legal responsibility which can impact enterprise actions. those components contain agreement legislations, service provider, tort legislation, felony legislations, and net legislation as major demanding situations confronting the company quarter. The ebook essentially ambitions the improvement of industrial legislations in numerous Caribbean Commonwealth jurisdictions but additionally, the place applicable, embraces the jurisprudence of different Commonwealth international locations resembling the uk, Canada and Australia. With admire to net legislations, the proliferation of judicial pronouncements rising from the USA supplied the platform for the one non-Commonwealth therapy of a subject. The method of the e-book is to take advantage of excerpts from judgments on the way to enable scholars, fairly the non-legal scholar, to appreciate criminal rules as espoused through the judiciary with no the filtering bias of authors.
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Additional info for Commonwealth Caribbean Business Law
The possibility of rape within marriage, for example, has only been recently recognised by the court despite the long history of this practice. Books of authority Authoritative legal works are generally given consideration when a precise or analogous precedent cannot be found. Strictly speaking, only certain literary sources are considered appropriate in this regard. Bracton, Glanvil, Littleton, Coke, Hale and Blackstone are the most signiﬁcant writers of authoritative sources of textbook law. These sources date as far back as the twelfth century and it must be borne in mind that situations have changed a great deal since then and such law may no longer be applicable.
It is obvious that in many cases the perception of the mischief, the relevant historical context and what constitutes a desirable solution or remedy is capable of wide variance. And this case was no exception to that concept. In the case of Universal Caribbean Establishment v James Harrison Civil Appeal 21 of 1993, Antigua, the court was faced with interpreting the jurisdiction section of the Industrial Court Act 1976, an act which was generally agreed to have been poorly drafted. In considering the approach to be adopted I had to remind myself, and I do so again, of the following principle: The ﬁrst principle to aﬃrm is to recognise the separation of power between the Legislature and the Judiciary.
It is possible for such an Act to have eﬀect on the general public. Today, Private Acts tend to deal with nationalised industries, local authorities, universities, commercial undertakings and other institutions. The eﬀect of consolidating legislation is to bring together provisions previously contained in a number of diﬀerent Acts without altering the provisions themselves. In the Occupational See Zander, The Law-Making Process, pp 18–19 and Slapper and Kelly, The English Legal System, pp 38–9.