Common Law Principles
To what Extent should Judges be able to Make Decisions on Political Grounds?
The question isn’t how to get rid of this political remnant of judicial identities and subjectiveness, but what trajectory should it go?
Common Law Principles
Justice, Equity and Good Conscience
Introduction In 1606, the statute which established the Court of Requests in England introduced the doctrine of “equity and good conscience” for the first time in history. The commissioners of the Courts of Request required it to make such orders “as they shall find to stand with Equity and Good Read more…
Common Law Principles
Duty of utmost Good Faith
Introduction to the general principle of “Duty of the utmost Good Faith” The Common law principle of “Duty of the utmost good faith” (also called uberrimae fidei) refers to the minimum legal obligation of the parties entering a contract to act honestly and not mislead or withhold critical information from Read more…