Mistake Of Law
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The Defence Of Mistake Of Law In International Criminal Law
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Author : Antonio Coco (Lawyer)
language : en
Publisher:
Release Date : 2022
The Defence Of Mistake Of Law In International Criminal Law written by Antonio Coco (Lawyer) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Criminal liability (International law) categories.
The Defence Of Mistake Of Law In International Criminal Law
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Author : Antonio Coco (Lawyer)
language : en
Publisher:
Release Date : 2022
The Defence Of Mistake Of Law In International Criminal Law written by Antonio Coco (Lawyer) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Criminal liability (International law) categories.
Ignorance and mistake of law tend to exclude responsibility in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic and focuses on the appropriateness of imposing a guilty verdict on the individual defendant.
The Defence Of Mistake Of Law In International Criminal Law
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Author : Antonio Coco
language : en
Publisher: Oxford University Press
Release Date : 2022-08-04
The Defence Of Mistake Of Law In International Criminal Law written by Antonio Coco and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-04 with categories.
The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.
Mistake Of Law
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Author : Annemieke van Verseveld
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-08-28
Mistake Of Law written by Annemieke van Verseveld and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-28 with Law categories.
When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.
Mistake In Contract
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Author : Edwin Corwin McKeag
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2003
Mistake In Contract written by Edwin Corwin McKeag and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
McKeag, Edwin C. Mistake in Contract: A Study in Comparative Jurisprudence. New York: Columbia University Press, 1905. 132 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002072856. ISBN 1-58477-276-X. Cloth. $60. * In contract law there are two types of mistake as determined by Savigny. The first, echt, represents those cases in which consent exists, but the contract is impeachable due to the determination of mistake. This work examines the second class of mistake in contract, unecht, "...in which real consent is lacking, resulting in the nullity of the contract, while the mistake is an accompanying feature" (Preface). This class of mistake is traced from Roman law to common law and modern civil law. Originally published as Volume XXIII, Number 2 in Columbia's series, Studies in History, Economics and Public Law.
Misrepresentation Mistake And Non Disclosure
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Author : John Cartwright
language : en
Publisher: Sweet & Maxwell
Release Date : 2012
Misrepresentation Mistake And Non Disclosure written by John Cartwright and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
Effects Of Mistake And Other Defects On The Passage Of Legal Title
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Author : Samuel Zogg
language : en
Publisher:
Release Date : 2019
Effects Of Mistake And Other Defects On The Passage Of Legal Title written by Samuel Zogg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Justice, Administration of categories.
This book analyses the mechanics of how legal ownership in tangible movable property passes from one person to another and the respective impacts of defects, such as mistake. It adopts a new approach, basically arguing that the conveyance of title is distinct and independent from the underlying contract.
Mistakes In Contract Law
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Author : Catharine MacMillan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-01-15
Mistakes In Contract Law written by Catharine MacMillan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-15 with Law categories.
It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book also examines the substantive changes brought about in contractual mistake by the Judicature Act 1873 and the fusion of law and equity. Through its historical examination of mistake in contract law, the book provides not only insights into the nature of innovation and continuity within the common law but also the fate of legal transplants.
Restitution Of Payments Made Under A Mistake Of Law
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Author : Great Britain. Law Commission
language : en
Publisher:
Release Date : 1991
Restitution Of Payments Made Under A Mistake Of Law written by Great Britain. Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with England categories.
People often make mistakes when making payments. The mistake may be as to the correct amount of a bill or as to whom the money is owed. Where the mistake has led to an overpayment, should the person who made the payment be able to recover the amount of the over-payment? At present, the answer to this question depends on whether the mistake is one of fact or one of law. In this consultation paper, the Law Commission reviews the general rule that payments made under a mistake of law are irrecoverable. The rule has been the subject of criticism for some time, and the courts have to an extent acknowledged the unfairness of an absolute rule through the wealth of exceptions and qualifications created. The provisional view of the Commission, on which the comments of all interested parties are sought, is that the different treatment of mistakes of law and mistakes of fact is not justified, that the present law produces anomalies and that there is a case for abolishing the rule precluding recovery of payments made under a mistake of law.
Mistake And Unjust Enrichment
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Author : George E. Palmer
language : en
Publisher:
Release Date : 1963
Mistake And Unjust Enrichment written by George E. Palmer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Contracts categories.