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9363 results in The Cambridge Law Journal

Page 417 of 469

  • The Doctrine of Unjustified Enrichment: II. Unjustified Enrichment in French law 5

  • R. J. A. David
  • Journal:
    The Cambridge Law Journal / Volume 5 / Issue 2 / July 1934
    Published online by Cambridge University Press:
    16 January 2009, pp. 205-223
    Print publication:
    July 1934

  • The law is not called upon to intervene merely because the assets of one person may happen to be increased as the result of a corresponding diminution in the assets of another person. But it is always possible, in particular circumstances, that the enrichment of one person owing to the impoverishment of another is manifestly unjust, and this would seem to give rise to an obligation to make restitution which is based on principles of natural justice. The Civil Law has a moral basis and is consequently called upon to provide the necessary means to enable justice to be done in such cases.

  • The Measure of Damages in Contract and Tort

  • S. L. Porter
  • Journal:
    The Cambridge Law Journal / Volume 5 / Issue 2 / July 1934
    Published online by Cambridge University Press:
    16 January 2009, pp. 176-191
    Print publication:
    July 1934

  • The determination of the true measure of damage in any individual case is seldom easy. It depends upon considerations of causation, and causation is primarily a matter for philosophic rather than legal inquiry. Hume was not prepared to adopt the ordinary conception of causation. ‘It were infinite for the law to judge the causes of causes and their impulsion one of another,’ said Bacon. In a modern case the same thought has been expressed in the words ‘Causation is not a chain but a net.’ Faced with metaphysical uncertainty the lawyer must find some base on which to build his structure, and he does it by following the course of the pragmatist and asking of any particular decision: Does it work ? If it does he has to fit it into a scheme which should be consistent with a number of other decisions which also work, but are not always governed by the strict rules of logic.

  • Attempts to Commit Crimes

  • J. W. Cecil Turner
  • Journal:
    The Cambridge Law Journal / Volume 5 / Issue 2 / July 1934
    Published online by Cambridge University Press:
    16 January 2009, pp. 230-247
    Print publication:
    July 1934

  • Now people in the street,’ said a learned judge in a modern case, ‘before they begin to think about it, is a very easy thing to say what amounts to an “attempt,” but when you come to analyse it, it becomes a little difficult.’

    The text-books tell us a that at Common Law every attempt to commit any indictable crime, whether that ulterior crime be a felony or a misdemeanour, is itself a misdemeanour. Professor Sayre, of Harvard, in an article in the Harvard Law Review, has traced the growth of this rule which, he thinks, did not take its modern comprehensive form until a judgment of Lord Mansfield in 1784 in R. v. Scofield. Until that date there seems to have been no recognition of the doctrine that an attempt to commit any crime at all was itself a crime.

Page 417 of 469