Corrections to the blogosphere, the consensus, and the world

Tuesday, June 22, 2010

The Case of the Red-Headed Dwarfs, part 23

Cocklecarrot: Having regard to the curious nature of this case, I think there should be an appeal under article 6 of the Statute of Giminy and Bocage.
Mr. Pass: Under Statute Law, m'lud, refraction must be proven.
Cocklecarrot: Aye, an' it be not proven, there is always the right of multiple cozenage.
Mr. Honey-Gander: Ultra vires?
Cocklecarrot: Of course. Sine die. Tutamen being implicit, with or without barratry, responderia and plonth, except in municipal law.
Mr. Pass: And wivenage, in lieu of direct mandibility?
Cocklecarrot: Not concurrently with external vapimenta. Merely in plenary copyhold.
Mr. Honey-Gander: M'lud, a tort being the source of a private right of action, in common law, as distinct from equity, matrimonial, Admiralty, agricultural or piscatorial jurisdiction, alterum non laedere, I suggest that classification, per se, under the Employers' Liability Act of 1897, as in Wivenhoe v. Spott (1903 A.C. 274) becomes a matter of malicious nuisance, sic utere tuo ut alienum laedas, in which case follopy is self-evident. For instance, a turtle's egg in the Galapagos Islands--
Cocklecarrot: Quite, quite, Mr. Honey-Gander. Let someone else develop the thing for a bit now. Now, my office being jus dicere, if not jus dare (see Hopkins v. Tollemache), it would be some considerable advantage to me to know what this case is about. Nobody, so far, has thought of mentioning such a thing.
Mr. Honey-Gander: M'lud, we have first to decide whether common usage or commercial usage is the more' convenient instrument for developing and expanding a statute law.
Cocklecarrot: I don't see why we have to go into that now.
Mr. Poss: M'lud, if a contract is unenforceable, as in Miss Fancy Fimple v. The Gaiety Theatre, Buttery-on-the-Vile, then, and not till then, the interchangeable nature of judicial procedure becomes, morally speaking, paramount. Now by the Bills of Exchange Act (1876) twill was included in the category of perishable goods. But if perishable goods are used to wrap the tails of rocking-horses they become, by mansuetude, imperishable, because the tail of a rocking-horse, of which the wrapping is an integral part, is a structure and not a moving fixture.
Cocklecarrot: How can a thing be both perishable and imperishable?
Mr. Poss: Only the Law can tell us that, m'lud.

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