Chapter 2 Donoghue v Stevenson p.45 Donoghue found a snail in the ginger beer and got shocked. She sued Stevenson‚ the manufacture. Manufacturer owed a duty of care to customers. Neighbour test.Grant v Australian Knitting Mills p.48 Dr Grant suffered dermatitis because of the sulphites on the surface of the underwear manufactured by AKM. AKM owed a duty of care in the production of the underwear not to cause injury to Grant. McPhersons v Eaton p.49 Eaton died from the exposure to asbestos
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RULES GOVERNING SHIPMENT BY SEA: HAGUE RULES‚ HAGUE-VISBY RULES AND HAMBURG RULES The nature of the Hague-Visby Rules was discussed by the House of Lords in The Hollandia [1983] AC 565 (HL). The plaintiffs (shippers) shipped a piece of road-finishing machinery on board a Dutch vessel‚ ‘The Morviken’‚ belonging to the defendant carriers to Bonaire in the Dutch West Indies. The bill of lading issued in England limited the carriers liability to Dutch Florins 1‚250 ($250) which was less than the 10
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international contract is a contract that has a foreign element‚ that is to say that the contract is in contact with one or more order (s) legal (s) abroad (s). Specifically‚ the foreign element may be resident abroad‚ a party to the contract‚ nationality‚ place of contract conclusion‚ and many other possibilities. The commercial contract is a contract for a commercial transaction or a contract made by a trader for the purposes of his trade. Therefore an international commercial contract is the addition
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Without the rule of law‚ anarchy would prevail. Discuss. Brónagh Buchanan. Morning Short Access. The first thing a person thinks of when they hear of anarchy is‚ Chaos‚ mayhem‚ and lawlessness. There is another side to this‚ a positive side. Revolutions‚ fighting for civil rights‚ standing up for what u believe in. In this essay I am going to discuss how this is a very flippant statement. Anarchy is not necessarily a negative thing. Law needs anarchy to exist. Humanity needs law to exist
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A Collateral contract A collateral contract is one where the parties to one contract enter into or promise to enter into another contract. Thus‚ the two contracts are connected and it maybe enforced even though it forms no constructive part of the original contract. According to Lord Denning MR in the case of Evans & Sons Ltd v Andrea Merzario Ltd [1976] 1 WLR 1078 a collateral contract is ‘When a person gives a promise‚ or an assurance to another‚ intending that he should act on it by entering
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understand the source of law‚ the Australian legal system‚ the history of the Australia‚ the formation of the Australian legal system and the relationship between Australia and British law system. Back to history‚ source of law need refers to the historical development of a law or a legal system. 1 Now Australia Legal system is self-developing even include the Aboriginal Customary Law and no longer binding with English legal system. There are several segments for this case. Before Colony settlement
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Canny Gabrial Castle v Volume Sales(p200): Canny Gabrial argued that the 2 companies were joint ventures Decision: Agreement was partnership Polkinghorne v Holland(p205): Was the giving of financial advice outside the ordinary business of the law firm‚ such that the partners would be jointly liable Decision: Held that the firm was liable for the actions of hollan’s son Lec 5 Chap 13 Balfour v Balfour(256): At the time of the agreement‚ did the parties intend the arrangement to be anything
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1 : Internship 1 Name of business/organization/institution: Under Armour Briefly describe the business/organization/institution: A successful maryland company founded and based on sporting goods and apparel. Is there an application process for this internship program? If so what is the process? (if you can apply online‚ include the link) Yes‚ there is a short application along with an interview. Beyond an application‚ what other requirements are there for applying to the internship (essay‚ transcript
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Partner From: Noelle Milburn Date: August 2‚ 2010 Re: Angela Woodside vs. Doyle Construction 1. Has Doyle Contractors breached its contract with Angela Woodside? Explain your answer fully. 2. Does Ms. Woodside have to wait until after April 1‚ 2008 to sue Doyle Contractors for breach of contract? Explain your answer fully. 3. Assuming a breach of contract has or will occur‚ what remedies does Ms Woodside have after the breach? 4. What defenses might Doyle Contractors raise in the event
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1. Voidable Contract: An agreement which is enforceable by law at the option of one or more of the parties thereto‚ but not at the option of the other or others‚ is a voidable contract. A contract is voidable when one of the parties to the contract has not exercised his free consent. One of the essential elements of a formation of a contract for example‚ free consent‚ is absent. All voidable contracts are those which are induced by coercion fraud or misrepresentation. The person whose consent is
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