الغلط في القانون الانجليزي على انواع ثلاثة (غلط مشترك Common mistake ) يقع فيه الطرفان مع علم كل منهما بنية الآخر ويقبلها دون ان يشوب الاتفاق نقص او يعتريه تحفظ ، و(غلط من الجانبين Mutual mistake) يكون كل متعاقد واقعا في غلط فيما يتعلق بما قصده الآخر، فيقدم كل منهما عرضاً مخالفاً للآخر و(غلط من جانب واحدUnliteral mistake ) يقع فيه احد المتعاقدين فقط ويكون المتعاقد الآخر اما عالماً بالغلط او يفترض انه عالم به . فإذا دفع احد المتعاقدين بوجود غلط مشترك فإن هذا يعني اقراراً بوجود اتفاق اي توافر الايجاب والقبول ونية التعاقد ، اما اذا دفع بالغلط من جانب احد المتعاقدين فإن هذا يعني انكار لوجود الاتفاق من الاساس . فليس ثمة تطابق صحيح بين الايجاب والقبول وان تم توقيعه ، ومن ثم لا يوجد عقد، وهذا هو اثر التوقيع بالغلط على المستندات التعاقدية
The English judge while dealing with the contractual breach، takes into account an aim that the legal solution he makes consistent with justice. Such concept allows the judge to order for the specific enforcement of the debtor’s contractual obligation if the compensation was not a sufficient remedy to redress the damage resulting from that breach. However، the conditions imposed by the rules of justice and the impediments that make the technical scope of this remedy very limited in the positive aspect. And modest in his negative one '' injunction''. Despite of its complementary function among the remedies for contractual breach، specific enforcement in English law may affect legal consequences because of its unique nature، some of
... Show MoreThe economic tortious liability in the English law is based upon economic Torts are considered as a type of the ancient and deep-rooted torts, aiming at breaching the rules of legal and equitable trade competition. and which are included in the customary English law of torts, based upon the judicial precedents decided by English courts. It is worth-bearing in mind that the economic torts are classified into two main types. That is to say, the general economic torts and the misrepresentation economic torts. Whereas the Iraqi legislator left the regulation of the illegal competition to the general rules of the delictual liability in the Iraqi civil law No. (40) of 1951.
The duty of care is the essence of the error of negligence under the English legal system, and without it, responsibility for negligence cannot be judged, regardless of the extent of the damage incurred. contained in English law. In view of the importance of proving the existence of the duty of care on the defendant so that it is possible to judge his responsibility for negligence, the need arises to find a general principle to which the defendant is subject in order to decide whether he owes the plaintiff with the duty of care and therefore responsible for the negligence, and this is what we will explain in the research topic the study.
The bailment is one of the well-established legal systems of the English common law, and which included the distinguished characteristics of both the law of contract and the law of property. It is worth-mentioning that this legal system has acquired those common features of these two prominent legal systems, which form an important part of the common law. By the judicial precedents made by English courts. And these precedents have adopted two different and divergent attitudes towards the qualification of the legal nature of bailment in English law . Whereas the Iraqi civil law No. (40) of 1951 regulated the legal rules of the bailment, considering it as a real contract, the conclusion of which requires the availability of four basic elem
... Show MoreThe occupier’s civil liability in English law is considered as one of the main types of the responsibility imposed by the law of Torts. and is regarded as a special system of the civil liability arising from negligence, as well as two other systems, that is to say , the employer’s non-contractual liability and The liability from defective products. It is worth-bearing in mind that the common law has imposed on the occupier of the premises a duty of safety towards those who enter his premises. And two English legislations have been enacted later to regulate this type of liability legislatively, namely, the Occupier's liability Act 1957 and the Occupier's liability Act 1984. Whereas the Iraqi civil law No. 40 of 1951 has regulate
... Show MoreThe Standard of reasonableness is considered as one of the objective standards adopted by the English Common law, to determine the standard of the care to be taken by the debtor of the obligation. And to ascertain the realization of the civil liability of negligence, the materialization of which requires four conditions. That is to say, the imposition of the duty of care to the defendant, the beach of the duty of care, the damage befalling the plaintiff, and the causation or causal link between the tort of negligence and the damage. It is also worth-bearing in mind that the forms of the Standard of reasonableness are variate in the English law to meet the different circumstances arising from the variation o
... Show MoreBackground: Enteral nutrition is a widely used, standard-of-care technique for nutrition support in critically ill and trauma patients.
Objective: to determine the role of feeding jejunostomy as a safe way for enteral nutrition in patients who meet the criteria for its use.
Method: prospective, comparative study done in the 3rd. surgical unit at Baghdad Teaching Hospital from 1st.of January 2003 till 1st. of April 2009, of 230 patients who fit the criteria for feeding jejunostomy insertion. The patients were divided into 2 groups (those with feeding jejunostomy 122 patients (53%) and without feeding jejunostomy 108 patients (47%)). We follow up these patients using the pa
... Show MoreThis article considers the doctrine of good faith in English law of contract. It analyses the different decisions of courts and the opinions of scholars and assesses whether good faith is general doctrine in English law of contract or not? It has been found that there is traditional English hostility towards a doctrine of good faith. However, in the last six years, a judicial trend, supported by some English scholars, has begun to argue that the principle of good faith should be adopted in the law of contract. This trend tries to implication contracts the duty of good faith as a implied term.
The recent attempts of the Judge Leggatt and subsequent judicial decisions that have adopted his approach, although not yet reached its goa
... Show MoreLanguage is the realistic and sensitive basis for any communication between two or more parties. It is an important workshop that prepares meanings and coding them according to a linguistic structure governed by agreed rules that speak to and coexist with everyone.
Whereas the forms of communication are: personal, mediator and mass, none of them can move away from language in their dealings and communication patterns. Since each has its own characteristics and skills, it must be launched in its fields through verbal and non-verbal symbols and wears the elements of influential language as intended.
It makes the recipient face two things: whether he fails to understand those symbols hence its purpose fail, or he meditates s
... Show MoreBack ground: Hirschsprung`s disease is a common problem among pediatric population, many procedures had been implemented in the treatment with different results. In the last decades one stage transanal endorectal pullthrough (TEPT) had come into the stage as a minimal invasive choice for such condition with good results.
Objectives: To evaluate the feasibility and safety of TEPT procedure among pediatrics in a tertiary pediatric surgery center in Iraq.
Patients and Methods: A prospective study was conducted on 11 patients with Hirschsprung’s disease, attending Central Teaching Hospital of Pediatrics for the period from March 2007 till August 2014. Their ages were ranging from 1 month - 12 years. All cases had diverting colostomy