RATIO DECIDENDI AND OBITER DICTUM The decision or judgement of a judge may fall into two parts: the ratio decidendi (reason for the decision) and obiter dictum (something said by the way). RATIO DECIDENDI - The ratio decidendi of a case is the principle of law on which a decision is based. When a judge delivers judgement in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision‚ for which he gives the reason
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GENERAL DUTY OF CARE 3 3.0 SUMMARY OF CASE “DONOGHUE V STEVENSON” 3 3.1 ACTIONS TAKEN BY DONOGHUE 4 3.2 THE RESPONSE OF MR. STEVENSON 5 4.0 THE IMPLICATION OF CASE 5 5.0 THE JUDGEMENT 6 6.0 THE CONCLUSION 7 7.0 REFERENCES 8 1.0 INTRODUCTION Introduction to students the Lord Atkin’s concept of general duty of care‚ summary of the case “Donoghue v Stevenson” and its implication. It will also briefly explain
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Prof. Jeong Chun Phuoc 012014111647 Assignment 2 – Weekly Case Law Critique WEEK 2 CASE LAW ON DONOGHUE V STEVENSON (1932) Summary On August 26th 1928‚ Donoghue (plaintiff) and a friend were at a case in Glasgow‚ Scotland. Her friend ordered / purchased a bottle of ginger beer for Donoghue. The bottle was in an opaque bottle (dark glass material) as Donoghue was not aware of the contents. After‚ Donoghue drank some and her friend lifted the bottle to pour the remainder of the ginger beer into the
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case of Donohue v Stevenson[1]‚ Donohue won the case. The ratio decidendi in the case was that the liability of negligence did not depend on the contractual relationship and that Stevenson owed the duty of care to Donohue as a manufacturer‚ not to cause foreseeable injuries to the users of the products. As there was an owed duty‚ Stevenson failed to practice the appropriate standard of care and in turn‚ the negligent act had caused the injuries to Donohue. Therefore‚ Stevenson loss the case.
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STRUCTURE ARCHITECT Adolf Loos House of Michealerplatz‚ Vienna Aldo Rossi Rossi Collection Alvar Aalto Sanatorio‚ di Paimo‚ Finland Auguste Perret Notre Damme du Raincy‚ France Antoni Gaudi Sagrada Familia Benjamin Latrobe US Capitol‚ Washington DC Charles Rennie Macintosh Glasgow School of Art Cesar Pelli Petronas Towers‚ KL Daniel Burnham Flatiron Building‚ NY Daniel Libeskind Jewish Museum‚ Berlin Eero Saarinen TWA Terminal Eliel Saarinen
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Donoghue v Stevenson (1932) AC 562 Facts: Mrs. Donoghue found a decomposing snail in the ginger beer and claimed to have suffered gastroenteritis and severe shock upon the sight of the snail. She sought to recover damages from Stevenson‚ claiming that the presence of snail was due to his negligence. Could Mrs. Donoghue bring an action in negligence against Stevenson? Stevenson argued that as they were not in a contractual relationship‚ hence there was no special relationship and therefore he
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SAMUELSON’S DICTUM AND THE STOCK MARKET BY JEEMAN JUNG and ROBERT J. SHILLER COWLES FOUNDATION PAPER NO. 1183 COWLES FOUNDATION FOR RESEARCH IN ECONOMICS YALE UNIVERSITY Box 208281 New Haven‚ Connecticut 06520-8281 2006 http://cowles.econ.yale.edu/ SAMUELSON’S DICTUM AND THE STOCK MARKET JEEMAN JUNG and ROBERT J. SHILLER* Samuelson has offered the dictum that the stock market is ‘‘micro efficient’’ but ‘‘macro inefficient.’’ That is‚ the efficient markets hypothesis works much better
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can be defined as the fact of being whom or what a person is. Internal and external factors shape a child’s concept of their own identity. These factors include the environmental setting‚ family‚ community‚ and the media. In the novel Room by Emma Donoghue‚ the 5-year-old narrator/protagonist Jack learns his identity through exploring the familiar space he occupies‚ the close relationship between he and his mother‚ and watching television. It is clear that Jack faces many challenges‚ which lead him
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Because Donoghue’s aim was to focus on the love between Ma and Jack‚ the mother is represented as a loving parent. This is shown when Ma shields Jack from the reality of their situation throughout the first part of the novel. The phrase “Ma takes a pill from the silver pack that has 28 little spaceships‚” uses statistics such as “28” and nouns such as “pill” indicating that Ma is taking the contraceptive pill and has a non-consensual sexual relationship with her captor. Oblivious to this‚ Jack refers
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The Biggest Room: Escape from Captivity as it Pertains to Jack in Room Room‚ by Emma Donoghue‚ is a novel written from the perspective of a five year-old boy named Jack. Jack is the son of a 26 year-old woman‚ Ma‚ who was kidnapped at the age of 19 and held in captivity for seven years before Jack executes their escape. Jack has spent his entire lifetime in the room their captor built for them‚ which he names Room‚ and reacts much differently to the outside world upon escaping than Ma‚ to whom
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