"Remoteness Of Damage" Essays and Research Papers

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Remoteness Of Damage

Remoteness of damage / Foreseeability of damages Remoteness of damage relates to the requirement that the damage must be of a foreseeable type. In negligence claims, once the claimant has established that the defendant owes them a duty of care and is in breach of that duty which has caused damage, they must also demonstrate that the damage was not too remote. Remoteness of damage must also be applied to claims under the Occupiers Liability Acts and also to nuisance claims.   Remoteness of damage is...

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damages

Introduction of damages – Tashishana Sam General damages – Tumusiime Clare Special damages – Apili Charity Nominal damages – Nambooze Gladys Contemptuous damages – Akiteng Doreen Punitive damages – Tumusiime Clare Contemptuous damages – Akiteng Doreen Exemplary damages – Abaho Elizabeth Liquidated damages – Abaho Elizabeth Unliquidated damages – kayesu Claire Speculative, ordinary, damage for loss of reputation and aggravated damages. Damages These are compensation...

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damage

members of the public are no longer allowed to climb the Qutub Minar. Over the years the Qutub Minar has seen its fair share of problems with the top being damaged by lightening at one time, and structural damage due to earthquakes over time. Thankfully, it has been repaired as and when the damage occurred and as a result it remains a marvel for generations to see.The entire Qutub Minar complex is a well maintained property with lush gardens. The guides do not harass and an official audio tour is available...

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Negligence Causation And Remoteness Rev

 Negligence Causation And Remoteness Revision The following is a plain text extract of the PDF sample above, taken from our Tort I (Intentional & Negligence) Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at. Causation & Remoteness Causation According to CLA s 5E, plaintiff bears onus of proof of causation. • At common...

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Brain Damage

occipital lobe processes visual stimulus. Language, retrieval of memory and behaviour is administrated through temporal lobe (Martin, 2003). Finally, the limbic system tends to control emotion as well as short term memory (Martin, 2003). Brain damage is the degeneration or abnormal growth of brain cells, which can be the result of outer (injury) or inner (disease) influences. Therefore, in cases of brain disease there are biological and psychological impairment that causes abnormality in the brain...

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Damage of the Environment

Damage of the environment is an inevitable consequence of worldwide improvements in the standard of living. Discuss. Man has been endowed with reason, with the power to create, so that he can add to what he has been given. But up to now he hasn't been a creator, only a destroyer. Forests keep disappearing, rivers dry up, wild life has become extinct, the climate is ruined and the land grows poorer and uglier every day !" ( Anton Chekhov ) Introduction : - for thousands of years , people...

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TOBACCO DAMAGES

the total amount of money spent on purchasing tobacco products is 4 to 6% of the total money spent on food and is nearly equal to the total money spent for receiving health services. • In addition tobacco use leads to loss of productivity and damage to users as well as non users of tobacco • Major share of the tobacco profits goes to tobacco companies. Very little to farmers. Be a smart investor! Save the cash – Avoid the trash! Being tobacco-free you can save the money that you can spend...

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The approach the Zimbabwean courts take towards the question of damages in breach of contract cases.

cancellation, interdict and damages. The Zimbabwean law unlike the English law allows or permits the plaintiff to choose his remedies provided he does not want to just enrich himself. Further, the plaintiff should not endeavor to enforce two inconsistent remedies. SPECIFIC PERFORMANCE This is enforcement or calling of enforcement of the exact performance by the injured party to a contract. Our law does not allow a party in breach of a contract to rid their default by paying damages but, allows the injured...

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The Test of Remoteness in the Tort of Negligence

plaintiff, once it is established that the loss sustained by the plaintiff is one recoverable in negligence. The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law. The test is carried out to protect the defendant in breach of their obligations from unusual or unexpected claims. The test for remoteness was for some time considered to be that laid down in Re Polemis and Furness, Withy & Co. Ltd where it was held that...

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Damages and breach of contract

Damages and Breach of Contract This paper aims to discuss and examine the case law, Wrotham Park Estate Co Ltd v Parkside Homes Ltd. and analyse the reasons why Brightman J in this case believe that there will be unjust if the nominal sum is awarded to the plaintiffs. The measure of damages (restitution interest/remedy(remedy Campbell,restitution for breach of contract) and damages in lieu of injunction will also be explained. Furthermore, the relevant case laws will be included. Before considering...

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