The issue which, prior to the decision in Mirvahedy, caused
the courts most difficulty was whether the keeper of an animal was strictly liable for damage resulting from behaviour which was in no way abnormal for an animal of the species in particular circumstances.
Not exact matches
Our
difficulty in speaking about cross-cultural principles of right and wrong is compounded by the fact that international organizations, from the United Nations to the World
Court, are fragile and nearly helpless in many of the
most critical areas of conflict.
I've found that
most people — including many law professors — have a great deal of
difficulty wrapping their minds around the idea that the
Court would permit the intentional destruction of a healthy infant who was capable of living outside his or her mother's body, when the mother's health (in the ordinary meaning of that word) is not in serious danger.
Courting Dating is the question that
most Christian singles have
difficulty with distinguishing the difference.
Even the
most assertive plaintiffs and their counsel may struggle to move a lawsuit forward quickly due to unresponsive defendants, scheduling
difficulties and limited
court availability.
It noted that
most «
courts have had no
difficulty to decide that the choice of a lifestyle... or the consumption of a product... [and that] rights that are essentially economic in nature... can not be compared to issues that involve» choices that go to the core of enjoying «individual dignity and independence.»
[79] In response to perceived
difficulties in demanding strict adherence to the constituent elements of res judicata, modern Canadian
courts have developed the independent but related concept of abuse of process as a means of barring relitigation where permitting it to proceed would offend vital principles such as judicial economy, consistency, finality of legal disputes, and, perhaps
most importantly, the integrity of the judicial decision - making process.
However, the
court thought these
difficulties were likely to be less pronounced than those faced by TBL in the opposite situation and, in any event, this showed at
most that damages were to some extent inadequate on both sides.
Aside from the evidential
difficulties in determining such issues (into which only really the parties can have significant insight) the reality is that the
courts simply do not have time, or
most parties the wherewithal to fund the associated costs, to consider issues of conduct at length.
He also identifies what he terms «blind spots» of the existing mechanisms for settlement of international disputes by adjudication, the
most notable of which are the ineffectiveness of international
courts and tribunals in the context of disputes relating to the use of force and the fight against terrorism, and the continuing
difficulties in enforcing judgments and awards of international
courts and tribunals (pp 83 — 86).
It takes longer times before land records are recorded, limited access of records, ongoing disputes over boundaries, and selling of land rights not owned by the seller and this is one source of the economic
difficulties faced by
most Ghanaians yet the
courts are drowning in land disputes cases.