although england and the united states are both common law states and their legal systems follow the same rules, each has disregarded certain rules and changed them to suit specific circumstances. for instance, they have both disregarded the common law rule on the insertion of exemption conditions by carriers. regarding carrier’s liability towards passengers, the united states accepts the highe...

English Contract Law has long struggled to understand the effect of a fundamental common mistake in contract formation. Bell v. Lever Brothers Ltd. [1932] A.C. 161 recognises that a common mistake which totally undermines a contract renders it void. Solle v. Butcher [1950] 1 K.B. 671 recognises a doctrine of ‘mistake in equity’ under which a serious common mistake in contract formation falling ...

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...