PART 5 : CAUSATION ( Neethling‚ Potgieter‚ Visser: Law of Delict‚ p 159 – 193 • Minister of Police v Skosana 1977 (1) SA 31 (A) • S v Mokgethi en Andere 1990 (1) SA 32 (A) • Meevis v Sheriff‚ Pretoria East 1999 (2) SA 389 (T) • Mukheiber v Raath and Another 1999 (3) SA 1065 (SCA) • Road Accident Fund v Russell 2001 (2) SA 34 (SCA) • Gibson v Berkowitz and Another [1997] 1 All SA 99 (W) • Groenewald v Groenewald [1998] 2 All SA 335 (A) • Minister of Safety & Security v Hamilton
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the effects in order to determine social policies and additional theories to better understand the causation of domestic violence. The social policies and theories that are developed from this research can better explain‚ educate‚ and assist the victims of domestic abuse‚ the judicial system‚ and law enforcement on how to gain a clearer understanding regarding the relationship between crime causation‚ criminal behavior‚ and domestic abuse (Greene‚ Heilburn‚ Fortune and Nietzel‚ 2007). Most importantly
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Although Mrs Costello did not work on the factory floor‚ her duties took her all over the premises. In common with other inhabitants of the local area‚ however‚ she would also have been exposed to a low level of asbestos in the general atmosphere. Causation The general rule at common law is that a person suffering injury must show on the balance of probabilities that the defendant’s tort (most commonly negligence) caused the injury or condition. But for the defendant’s wrongdoing‚ the claimant would
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The harm that was suffered by the plaintiffs “could have been reduced or avoided by the adoption of a reasonable‚” in that if the gust lock had been as Gulfstream asserted and prevented the throttles of the airplane from being advanced from beyond a low setting‚ the airplane would not have reached the speed that it did and the harm that the plaintiffs suffered could have been avoided. In this case‚ the gust lock mechanism allowed the pilots involved in the crash to advance the speed of the airplane
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and Thomson Corporation Executive Summary With the objective to understand the business performance of the two entities‚ we reviewed the 2007 financial statements of both company and tried to obtain some insight on the profitability and solvency of each entity. The two companies we study are: Reed Elsevier and Thomson‚ in the filed of information and publishing. Reed Elsevier is listed in below stock exchanges: REN (Euronext Amsterdam)‚ REL (London)‚ RUK and ENL (NYSE). Thomson was
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novus actus interveniens‚ literally "new act intervening") refers in English law to the idea that causal connections are deemed to finish. Even if the defendant can be shown to have acted negligently‚ there will be no liability if some new intervening act breaks the chain of causation between that negligence and the loss or damage sustained by the claimant. Discussion Where there is only a single operative cause for the loss and damage suffered by the claimant‚ it is a relatively simple matter to
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accident and has continuing disabilities. The trial judge held that Mrs Lawrence had been negligent in that she had failed to keep a proper lookout while driving. Her liability for the injuries suffered by Ms Cole was assessed at 30%. The Club was also held liable for continuing to serve Ms Cole when she was intoxicated. The Club ’s liability was also assessed at 30%. His Honour held that Ms Cole had
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Head Solicitor I am going to create a detailed report for our new client Mr Mitchell. I am going to be informing him about the elements and various cases that need to be considered to assess a crime along with a thorough explanation of corporate liability. Elements of Crime When proving that the defendant is guilty‚ there are two elements of law which are Actus Rea and Mens Rea. Actus Rea (a/r) Actus Rea is the physical element of a crime which
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JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION ______________________________________________________________ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. the crime of Murder - the consequence being death‚ it must be shown that the Defendant caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). A common approach of the courts has been to assert that causation is a question of fact to be answered by the
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This paper will describe the role of the United States Constitution and the United States legal system in business regulation. The recent business regulations in US businesses will be outlined and further explanation on how the economic growth created by private business and how the US government could not sustain itself. This paper will examine an example from an article which demonstrates how a Constitutional right affects a business and how the legal system is used with respect to recognizing
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