PHL271H1 Lecture Notes - Lecture 1: Jaywalking, Code Of Law

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6 Aug 2022
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Hart"s theory fails to take into account the way judges use & feel entitled to use moral principles in their reasoning. Even though moral principles aren"t written down anywhere. Riggs v. palmer no one shall be permitted to profit by his own fraud" (23) 2 palmers elmer (grandson) of francis. Killed francis before he had a chance to change the will. While in prison for murder, asked that he receive his inheritance in the will. Law of wills nowhere does it say that you can"t inherit if you killed them. Written law alone elmer palmer should have received the inheritance. Appealed to principle they claimed to find in common law not permitted to profit by own fraud. Henningsen v. bloomfield motors, inc. the manufacturer is under a special obligation in connection with the construction, promotion and sale of his cars". (24)

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