to the ‘floodgates problem’. What is more‚ the courts sometimes treat certain groups of defendants leniently by limiting their liability in some cases. On one hand‚ the courts draw a line to mark out the bounds of duty to protect the interests of and compensate those who have suffered a loss and injury and this is also one of the major aims of tort law. In Donoghue v. Stevenson‚ the courts judged the manufacturer of the ginger beer‚ David Stevenson of Paisley owned a duty of care to Mrs Donoghue
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Tort of Negligence case study The law of contract: a contract is a legally binding agreement‚ its a promise between two or more to parties with certain things‚each party must fulfill there promises if one of them don’t fulfill there promise then the contract is breached (VOID). The law of tort: A tort is a civil wrong in the sens that is committed against an individual‚ tort is compensated by a sum of money called “DAMAGES”. Contract laws and tort laws share many similarities. At
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Synopsis of film “The Hobbit An Unexpected Journey” The Hobbit An Unexpected Journey is a fantasy film in 2012‚ directed by Peter Jackson. This is the first of three films movie adaptation of the 1937 novel titled The Hobbit works of J. R. R. Tolkien‚ followed by The Desolation of Smaug and There and Back Again‚ a soon to be released in 2013 and 2014. Set in sixty years before The Lord of the Rings‚ this film tells the story of hobbit Bilbo Baggins (Martin Freeman)‚ who assigned wizard Gandalf
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Case Analysis: Students are obliged to pre-prepare a two-page outline of their answers to the stated cases/problems in the given tutorial. The faculty will ask individual students to deliver an oral summary of their outline answer to the tutorial problems. These answers‚ written and oral‚ will form the basis of the tutorial proceedings. Here is a “rough guide” to the seven headings under which any case should be analyzed: 1. Case History = what was the legal basis of the claimant’s claim? When
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PRACTICE QUESTION FOR TORTS John worked as a car/truck mechanic for a small business in Darlinghurst Sydney. He was a newly trained mechanic and had just commenced work at a new job last week. The day he started work he was given the task of repairing a truck engine. This required John to disassemble the engine with specialised tools. Mechanics who worked on these large engines were normally given protective head gear to prevent any piece of engine striking them in the face should a piece
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Who is the reasonable man? Factors considered whether he adopted necessary care? Tort of negligence = failure by Def to conform with standard of behaviour. Negligence is the omission to do something which a reasonable person guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent & reasonable person would not do. While a loss from an accident usually lies where it falls a defendant cannot plead accident if‚ treated
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SYNOPSIS: LOVE AT THE CORN HUSK One day‚ Constantina Tirol‚ also called as Tinang‚ visits her former master‚ Señora‚ whom she was working for before she got married. While carrying her baby boy‚ she walks through the entrance of the house of her former Señora and meets his former young master‚ Tito‚ and the Señora. Upon getting inside the house‚ Señora asks her some questions how her married life is together with his Bagobo husband and also how is it to be a mother of a baby boy. Their conversation
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This case is in regards to the tort of negligence‚ with the central issue being causation. With the evidence provided‚ it is necessary to determine whether Vera and PC Webster are owed a duty of care and subsequently have any claims. Firstly‚ the ’but for’ test is to be applied‚ in which the courts ask: ’but for the defendant’s action‚ would the damage have occurred?’ The courts have accepted that drivers automatically owes a duty of care to every other road user ‚ including pedestrians. Jack’s
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SYNOPSIS ON FINANCIAL PERFORMANCE ANALYSIS. BY ANISHA ANN JOHN FOR GOOGLE Inc. SYNOPSIS ON FINANCIAL PERFORMANCE ANALYSIS FOR GOOGLE Inc. Submitted To: Faculty Guide: Mr. VishwanathanBharathan Submitted By: Name of the Author: Anisha Ann John Reg. No : 1012004 Date of Submission: 04/04/2012 Introduction Background Performance evaluation of a company is usually related to how well a company can use it assets‚ share holder equity and
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He would like to claim for such economic loss of $50‚000. In addition‚ Peter expects to claim for medical expenses of $10‚000 and loss of income of $20‚000 for the duration of the injury. REQUIRED: Advise Peter of his legal rights under the law of torts. (Maximum word length: 1‚000 words) Question 2 (10 marks) On Monday‚ Aaron wrote a letter to Ben offering 300 bags of cement at $100 per bag. On Wednesday‚ Ben received the letter of offer from Aaron and posted a reply letter to Aaron in which
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