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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The History of the Law of Prescription in England: Being the Yorke Prize Essay of the University of Cambridge for 1890

ISBN13: 9781107665651
Published: August 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £17.99

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This essay by Thomas Arnold Herbert, first published in 1891, deals with the history of prescription in English law, analogous to the more commonly known statute of limitations. Herbert won the prestigious Yorke Prize in 1890 for a longer version of this essay, which was then reduced by the author to a more specific treatise on this aspect of the history of law. This is a highly informative essay on the evolution of an important aspect of English jurisdiction and is well supplied with a list of the relevant case law.

Legal History
1. For what time prescription must run
2. The Prescription Act
3(i). Who may prescribe
3(ii). Who may be prescribed against
4. What things may be prescribed for
5. How prescription must be made: the requisites of prescription
6. The public benefit
7. Prescription against the rules of common law or against statutes
8. Pleading a prescription against a prescription
9. How the prescription must be pleaded
10. What finding will support a prescription
11. How prescriptive rights are destroyed or lost.