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English Rule (property)
English rule may refer to: *English rule (attorney's fees), a common use of the term *Golden rule (law), also known as British rule or English rule, a rule of statutory construction See also *American rule (other) *British Rule (other) British Raj, or British Rule, was the rule of the British Empire in the Indian subcontinent between 1858 and 1947. British Rule may also refer to: * British Rule (card game), variation to the rules of card games *Golden rule (law), also known as ...
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English Rule (attorney's Fees)
In the field of law and economics, the English rule is a rule controlling assessment of lawyers' fees arising out of litigation. The English rule provides that the party that loses in court pays the other party's legal costs. The English rule contrasts with the American rule, under which each party is generally responsible for paying its own attorney fees (unless a statute or contract provides for that assessment). The American rule can make it easier for a poor person to bring suit, but by the same token it gives everyone more risk of being sued. Some argue that the American system encourages frivolous or "extortionate" suits against businesses with "deep pockets," because plaintiffs can have a contingency fee arrangement with the attorney whereby they pay nothing to the attorney if the case loses. Under a contingent fee arrangement, the attorney for the plaintiff faces no consequences, other than lost time and effort, for bringing a suit that loses, but he can collect huge fees ...
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Golden Rule (law)
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is contrary to principles of public policy. The rule can be applied in two different ways, named respectively the ''narrow approach'' and the ''broad approach''. Meaning The golden rule arises out of two fundamental principles: that courts must interpret statute "according to the intent of them that made it", and that "the words of the statute speak the intention of the Legislature"., per Tindal CJ at 809. As a result, the text of the statute as a whole provides the context in which a given provision should be interpreted when resolving textual difficulties. This was first articulated by Burton J in the Irish case of ''Warburton v Loveland'' in 1828: This was affirmed by ...
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American Rule (other)
American rule may refer to: *American rule (attorney's fees), controlling assessment of attorneys' fees arising out of litigation * American rule (property), stating that there is no implied duty upon the lessor as against wrongdoers to lessee's right of possession *American rule (successive assignments), rule for successive assignments of rights See also *English rule (other) In the field of law and economics, the English rule is a rule controlling assessment of lawyers' fees arising out of litigation. The English rule provides that the party that loses in court pays the other party's legal costs. The English rule contr ...
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