care is owed‚ ! b) that the duty of care has been breached and ! c) that the breach caused damage which is not too remote from the breach! Requirement 1:! Duty of care Wether the defendant owed the plaintiff a duty of care is a question of law. The onus is on the plaintiff to establish the existence of the duty of care. ! ! - ! ! Motorists owe a duty of care to other road user “Imbree v McNeilly" ! Doctors owe a duty of care to their patients “Roger v Whitaker” ! Solicitors
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TORTS Table of Contents Breach of Duty 3 General Principles for Establish a Breach of Duty 3 The Calculus of Negligence 4 Who is the Reasonable Person? 9 Causation 13 Factual Causation under the Common Law 13 Factual Causation under Statute 16 Novus Actus Interveniens 18 Successive Causes 20 Exceptional Cases 21 Remoteness 24 Foreseeability of Damage 24 Kind of Injury and Manner of its Occurrence 25 Eggshell Skull Rule 26 Concurrent Liability 28 Vicarious Liability 28 Non-delegable
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articles of partnership. Obviously‚ aperson cannot enter into a contract of partnership solely w/ himself; there must be at least two components parties. 3. Other of association excluded: there is no such thing as partnership created by law or implication of law. The three essential requisites of a contract must be complied with: consent‚ object and cause.
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BLAW 243 STUDY GUIDE Wednesday‚ January 11 2010 I. What is law? a. Rules rules come from who ever is in charge b. Golden Rule: those who have the gold make the rules c. We as people came upon 2 different ways of making rules i. The Romans: wrote everything down and gave us statutory law 1. Statute: laws that are written down. Passed by major legislature. 2. Ordinance: a statute local in nature. Have limited effect because they’re in a limited area. 3. US government creates statutes
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HIST 2111 FINAL EXAM STUDY GUIDE PART I: ESSAY: write a thorough essay in response to one of the following questions (worth 60% of exam): 1. Why do historians often call the American Civil War the “Second American Revolution?” • At the end of the war Congress reshaped political and Economic character • national currency and banking • Transcontinental railroad and telegraph-became more unified with national government‚ economy‚ and spirit American development
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IAPS Final Exam Chapter 1: Social Science: the study of people as individuals and as members of groups such as families‚ tribes and communities. Research methods: Case studies‚ experiments‚ sample surveys‚ interviews‚ observations (unstructured and structured‚ participant observation [used mainly by anthropologists] ) Chapter 2: Physical anthropology: - Darwin: evolution ‚ natural selection - Raymond Dart: skull = Australopithecus africanus - Louis and Mary Leakey: earliest human beings
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Sources of Law Constitutional Law (Federal and State) Statutory Law at the Federal Level Statutory Law at the State Level Local Laws of Cities‚ Countries and Towns Common Law Court Decisions-provide interpretation or clarification of the law stare decis Custom Federal Court U.S. is a party Federal question-arising under federal law Diversity of Citizenship Jeff Bauman v. Dzhokar Tsarnaev – Civil or Criminal? If Jeff Bauman was to sue‚ it would be a civil case because the individual
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131 Chapter 9 Notes – Sentencing. Chapter Summary The text discusses several important aspects of sentencing in Chapter 9; it also describes five goals of contemporary sentencing: retribution‚ incapacitation‚ deterrence‚ rehabilitation‚ and restoration. Retribution corresponds to the just deserts model of sentencing and is best understood from the biblical reference to “eye for an eye‚ tooth for a tooth.” Incapacitation seeks to isolate offenders from society. Deterrence‚ both specific and general
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Religion Exam Notes Unit 1 Chapter 1 Introductory Notes Ethics (theoretical) Comes from the Greek word ta ethika‚ meaning good character. A discipline that deals with the nature of the good‚ the nature of the human person‚ and criteria that we use for making right judgement. It is a standard code of behaviour. The Three Main Theories of the Study of Ethics: 1. Normative Theories: the theories of morals and morality which is further divided into three categories: a) Theories of action:
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LAWS1061 Notes Introduction Definition of tort law concerns the obligations of persons living a crowded society to respect the safety‚ property and personality of their neighbours both as priori and ex post matters (compensation to those wrongfully harmed). Tort law has a compensatory function which means damages may be awarded where a person had been injured by the negligence of another. Compensation may not be adequate for damages‚ which an individual has experienced. Needs proof that another
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