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Can you give an example (in Law).

 
 
Reply Wed 11 Mar, 2015 12:29 pm
Of something that comes about as a consequence of something else but then takes on an independent existence.
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Type: Question • Score: 4 • Views: 941 • Replies: 7
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jespah
 
  2  
Reply Wed 11 Mar, 2015 12:50 pm
@Perceiver,
Are you asking about improperly/incorrectly applied proximate cause?

If so, then look up Palsgraff vs. Long Island Rail Road.
0 Replies
 
fresco
 
  1  
Reply Wed 11 Mar, 2015 12:55 pm
@Perceiver,
How about "a company" ?
0 Replies
 
Perceiver
 
  1  
Reply Wed 11 Mar, 2015 12:55 pm
@Perceiver,
@Jespah
Is there anything in law that comes into existence under certain terms and conditions, but can continue to exist even after those terms and conditions are no longer around.

jespah
 
  2  
Reply Wed 11 Mar, 2015 01:06 pm
@Perceiver,
That's a way, way, way too vague question to be answered. Are you asking about successor corporations? There are tons of those.
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Perceiver
 
  1  
Reply Wed 11 Mar, 2015 01:20 pm
@Perceiver,
@Jespah
Well I sort of meant it to be vague. a successor corporation (from what I have read briefly) seems to be the exact opposite. a new thing that comes into existence but under terms and conditions that are still around
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PUNKEY
 
  1  
Reply Wed 11 Mar, 2015 02:50 pm
Duh?

How about Child support order after a divorce?
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layman
 
  0  
Reply Wed 11 Mar, 2015 03:52 pm
@Perceiver,
Quote:
Is there anything in law that comes into existence under certain terms and conditions, but can continue to exist even after those terms and conditions are no longer around


Many, perhaps most, things, probably. So-called "black letter law" is often applied in a machine-like way, without regard for the conditions and suppositions which generated the "rule" in the first place.

Example: I had a cop give me a ticket for not coming to a stop behind a "stop" sign. It didn't help me a bit to point out to him that I had come to a complete stop before I got to the intersection the sign was "guarding."

Of course it's selective. The same cop who will give you a ticket for "speeding" when you're trying to get a dying man to a hospital won't even consider giving himself one for speeding in order to catch up with you.
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