Defamation Feldman (2002): two major rationales to justify freedom of expression * Mill’s instrumental value of freedom of expression on rule-utilitarian analysis: it is best not to censor (unless harmful) anything for risk of censoring truths. * Democratic rationale suggests freedom of expression allows crucial political discourse‚ but this is less convincing in a representative system where expression is only heard at elections Lord Nicholls in Reynolds v Times Newspapers (2001) –
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DEFENCES TO NEGLIGENCE Up to the D to prove that the P’s also did not exercise the same reasonable standard of care for the community CONTRIBUTORY NEGLIGENCE * Contributory negligence involves a failure by the P to take reasonable care for his or her own safety that contributes to his or her damage * Apply section 5R – need to show that the P failed to take reasonable care for his or her safety or for the protection of the P’s interest * It is an objective standard that
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Exxon committed crimes and torts as a result of the Exxon Valdez oil spill. The difference between a tort and crime is the outcome between the two; crimes typically seek punishment for the wrongdoings‚ while torts seek to compensate damages with monetary means for those affected. Unlike crimes which seek punishment‚ tort is strictly monetary damages sought by the defending party. “Tort damages are monetary damages that are sought from the offending party. They are intended to compensate the injured
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to bring an action. The advice will be with the aid of decided cases where necessary. Area of Law and the Potential Defendant. In view of the facts given in this case‚ the name of the area of law under which Changwa can bring an action is in the tort of negligence. Accordingly‚ he must bring this action firstly against the pub manager for the cockroach found in the food. Secondly‚ the action must be brought against the manufacturers of the red wine. This is so because the pub manager is merely
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the importance of product liability and how the product liability laws evolved from tort laws. The main issues which will be discussed in this paper are as follows: • The different aspects of product liability based on tort laws‚ • The effects of product liability cases on companies • Analyze three international business product liability cases • Provide some advices for Canadian exporters in terms of tort law for product liability. Discussion Undoubtedly‚ product liability is one of the
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Law of Torts Assignment draft This paper shall examine the current position of the Rescuer under Irish law‚ and critically examine how this position has developed under common law and statutes. This development can draw many of its origins from the 2009 Law Reform Commission consultation paper which essentially outlined a framework for the drafting of legislation. Furthermore analysing case law and statue from our jurisdiction and abroad‚ which was applied in the only real substantive case in
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Garden Club Guests and Liability Nicola Grover Professor‚ Theresa Dike November 27‚ 2011 LEG 300 The difference between an invitee and a licensee is the level of duty of care owed to each by the landowner. A person who enters the premises of a landowner by invitation‚ as part of the general public for a lawful purpose‚ would be considered an invitee. The landowner must provide an invitee reasonable care to keep the invitee safe from harm. This means the landowner must be aware of impending
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In representation for Plaintiff‚ in writing‚ for recovery of damages in a potential case against “Gravel Is Us” Co. located in the State of Ohio. By these means‚ the following is the evaluation: According to our information‚ an employee of a dynamite blast company by the name of “Gravel is Us”‚ contracted by the State of Ohio‚ was negligent in failing to prevent you from entering its construction danger zone and causing severe injuries to you.The gravel company claims‚ that the street warning sign
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Background A Civil Action entails a major class action suit brought forth by several families against major conglomerates (including W.R. Grace chemical company and Beatrice Foods) that were alleged to have negligently damaged the environment of a small town to the extent that its practices led to the spread of leukemia. Jan‚ a personal injury attorney‚ decides to represent a woman that claims that her child and other neighbors of a small town in Massachusetts have been diagnosed with leukemia.
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TRESPASS TO LAND BUKIT LENANG DEVELOPMENT SDN BHD v. TELEKOM MALAYSIA BHD & ORS [2012] 1 CLJ FACTS The plaintiff purchased a land from Oakfield Enterprises Sdn Bhd through a sale and purchase agreement dated 15 May 1996. The plaintiff was aware at that time of the presence of squatters on the land. Following the said purchase‚ the plaintiff commenced eviction proceedings against the squatters and succeeded in obtaining judgment where the court ordered that the squatters surrender vacant possession
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