Knowledge (XXG)

Uncommon Law

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and insists to the court that he be called Haddock, Haddock, Haddock, Haddock Haddock & Co. because the copyright law states that copyright expires fifty years after the author's death (in the United Kingdom) (the fictional judge asking "Would this be Mr. Albert Haddock? Then we are in for some
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which creates differing penalties for different classes of people, including gentlemen, to whom the highest rate is applied. Haddock argues that while playing golf, he is so bad at it that he no longer can be regarded as a gentleman, and therefore his fine should be lowered. He succeeds with this
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Being a law reform activist, Herbert, through these "Misleading Cases", aired, initiated and sustained debate on various aspects of the law in which he saw need for change: copyright, divorce, defamation, liquor licensing, the police as
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and a dispute ensues as to who is responsible for its disposal, which becomes increasingly urgent as the carcase has started to decompose, making the town unpleasant to live in. It is contended according to precedent that the whale is
254:". Haddock argues that individuals should have the same rights as companies. The case is found in his favour, Haddock also suggesting to the prosecution that it is open to other authors to take the same tack as he has. 162:
for a bet and is arrested and charged with numerous offences by the bemused police, including "polluting a watercourse"; his defence is that "there is no law against it" and that he did it "for fun". The
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has done something undesirable". When questioned on his motive that he did it "for fun", the judge states "We are not here for fun. There is no reference to fun in any Act of Parliament".
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The frustrated Mr Haddock, unable to make his golf ball follow its intended trajectory, is heard to utter a stream of swear words, and is summonsed under the
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with the protagonist Albert Haddock, representing Herbert's point of view, taking many to court. It includes perhaps the best-known of these cases,
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correctly points out that a whale is a mammal and therefore outside its jurisdiction. The appeal proceeds on the instructions of "the
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and so its copyright can never expire. Every time the prosecution calls him Mr. Haddock he intervenes "You mean the
81:, in 1924. I have always understood that I invented him: but he has made some disturbing escapes into real life". 215: 164: 159: 40: 167:
disagrees, saying "it is a fundamental principle of English law that a person who appears in a
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in which Herbert explores, as he saw it, rather absurd aspects of the law, and upholds his
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as the judge, Mr Justice Swallow who has to unravel Haddock's logic.
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Over his lifetime Herbert published five collections, entitled
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successfully adapted them for television as three series of
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A dead whale is washed up on the shore of Pudding Magna in
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in 1935. Its title is a satirical reference to the English
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residents of Pudding Magna", but is immediately adjourned.
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fun litigation") but since a company being in law a
133:(1967, 1968 and 1971: 19 episodes in total), with 26:as Mr Justice Swallow, a frequent foil to Haddock 246:to shut the apparently defunct company because 177:Tinrib, Rumble, And Others v The King and Queen 340:Works originally published in Punch (magazine) 8: 195:Ministry of Agriculture, Fisheries and Food 275: 7: 22:Cover of the 1979 edition, showing 86:Misleading Cases in the Common Law 14: 130:A P Herbert's Misleading Cases 116:in 1982. A shorter selection, 1: 345:1935 short story collections 350:Works about law enforcement 94:Still More Misleading Cases 381: 209:: Is a Golfer a Gentleman? 360:Methuen Publishing books 286:(1935). "Introduction". 355:Short stories about law 224:Vehicles for law reform 153:: Is it a Free Country? 365:Works by A. P. Herbert 216:Profane Oaths Act 1745 27: 90:More Misleading Cases 21: 248:a company never dies 120:, appeared in 1966. 231:agents provocateurs 55:first published in 39:first published by 165:Lord Chief Justice 160:Hammersmith Bridge 158:Haddock jumps off 145:Selection of cases 74:The Negotiable Cow 28: 290:(10th ed.). 252:Managing Director 114:More Uncommon Law 47:. The book is an 372: 320:Misleading Cases 306: 305: 288:Misleading Cases 280: 244:winding-up order 242:he objects to a 98:Codd's Last Case 64:Misleading Cases 380: 379: 375: 374: 373: 371: 370: 369: 330: 329: 315: 310: 309: 302: 282: 281: 277: 272: 260: 235:limited company 226: 147: 137:as Haddock and 69:civil liberties 12: 11: 5: 378: 376: 368: 367: 362: 357: 352: 347: 342: 332: 331: 328: 327: 314: 313:External links 311: 308: 307: 300: 284:Herbert, A. P. 274: 273: 271: 268: 267: 266: 259: 256: 225: 222: 221: 220: 211: 210: 203: 202: 181: 180: 173: 172: 155: 154: 146: 143: 51:of fictitious 13: 10: 9: 6: 4: 3: 2: 377: 366: 363: 361: 358: 356: 353: 351: 348: 346: 343: 341: 338: 337: 335: 326: 322: 321: 317: 316: 312: 303: 297: 293: 289: 285: 279: 276: 269: 265: 262: 261: 257: 255: 253: 249: 245: 241: 236: 232: 223: 217: 213: 212: 208: 207:Rex v Haddock 205: 204: 200: 196: 192: 187: 183: 182: 178: 175: 174: 170: 166: 161: 157: 156: 152: 151:Rex v Haddock 149: 148: 144: 142: 140: 136: 132: 131: 126: 121: 119: 115: 111: 107: 106:General Cargo 103: 99: 95: 91: 87: 82: 80: 76: 75: 70: 66: 65: 60: 59: 54: 50: 46: 42: 38: 37:A. P. Herbert 35:is a book by 34: 33: 25: 20: 16: 319: 292:Eyre Methuen 287: 278: 247: 227: 206: 198: 179:: Fish Royal 176: 169:police court 150: 139:Alastair Sim 128: 122: 118:Wigs at Work 117: 113: 112:in 1935 and 110:Uncommon Law 109: 105: 102:Bardot M.P.? 101: 97: 93: 89: 85: 83: 78: 73: 63: 62: 56: 32:Uncommon Law 31: 30: 29: 24:Alastair Sim 15: 264:Clean hands 135:Roy Dotrice 53:law reports 334:Categories 301:041338540X 270:References 191:fish royal 45:common law 219:argument. 49:anthology 258:See also 41:Methuen 298:  240:person 186:Dorset 79:Punch 58:Punch 325:IMDb 296:ISBN 199:late 123:The 100:and 323:at 125:BBC 61:as 336:: 294:. 96:, 92:, 88:, 304:. 189:"

Index


Alastair Sim
A. P. Herbert
Methuen
common law
anthology
law reports
Punch
civil liberties
The Negotiable Cow
BBC
A P Herbert's Misleading Cases
Roy Dotrice
Alastair Sim
Hammersmith Bridge
Lord Chief Justice
police court
Dorset
fish royal
Ministry of Agriculture, Fisheries and Food
Profane Oaths Act 1745
agents provocateurs
limited company
person
winding-up order
Managing Director
Clean hands
Herbert, A. P.
Eyre Methuen
ISBN

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