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law

Law Notes (Updated)

January 8, 2015 | 0 Comments

I have updated my Law Notes section to include my notes for Principles of Conflict of Laws and Law of Intellectual Property (an evidently behemoth subject which has spawned 4 separate muggers). I have also uploaded a copy of my final research paper for Advanced Torts.

As I’ve constantly shared with my juniors, it is best to treat these notes as signposts which direct one towards a better understanding of the particular area of the law. Nothing beats reading the cases or statutes in acquiring the much-needed know-how in navigating towards these signposts, a skill that will likely be further honed and tested when we enter practice. Thus, do yourself a favour by not overly relying on the myriad of muggers available!

In fact, I personally find it useful to add questions, pointers and even silly comments or mnemonics by the side of my notes in my continuous experiment with active learning. Not only do these methods help fine-tune my learning process, they also provide me with an opportunity to make learning more efficient and practical.

Finally, if you have any questions at all, you may always feel free to approach me, either via email or in person. All the best for the upcoming semester! (final sem for me!!)

law

Does commercial law exist?

July 20, 2013 | 0 Comments

Just read this while doing research for the Lee & Lee memo assignment and found it quite striking and applicable to many areas of law:

“Does commercial law exist? Are there unifying principles which bind the almost infinite variety of transactions in which businessmen engage, marking these off from other types of contract? The absence of anything resembling a commercial code makes this question harder to answer than might be imagined. If by commercial law we mean a relatively self-contained, integrated body of principles and rules peculiar to commercial transactions, then we are constrained to say that this is not to be found in England. The law affecting business transactions is not a seamless web, nor is it a jigsaw in which, with careful study and some luck, all the pieces can be fitted neatly together to make a harmonious whole. Rather it is a collocation of ill-assorted statutes bedded down on an amorphous mass of constantly shifting case law.

But if we view commercial law as the totality of the law’s response to the needs and practices of the mercantile community, then, indeed, commercial law exists and flourishes in England, adapting itself constantly to new business procedures, new instruments, new demands. 

This, then, is the essence of commercial law – the accommodation of rules, usages and documents fashioned by the world of business; the facilitation, rather than the obstruction, of legitimate commercial development.”

Ewan McKendrick, Goode on Commercial Law,
4th ed (LexisNexis, 2009)