at law for breach of contract is compensation for any damages that were incurred as a result of the breach‚ and that includes both financial and non-financial losses caused to the injured party (Shavell‚ 1980). However‚ to what extent it is true to say that the injured party can recover financial‚ and non financial losses? To answer this question I will explain the possible remedies in regards to the breach of contract‚ when it comes to damages and recovering compensation. The major remedy available
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may result in The burden of taking precautions is very low as Issue: Did Darryl suffer harm as a result of Kevin’s breach of duty? Law: Section 11(1) (a) & (b) CLA Barnett v Chelsea & Kensington Hospital (causation) Commonwealth v McLean ( remoteness) Application: Two parts Apply the ‘necessary condition’ test: State what caused Darryl’s broken leg (causation) Determine what type of harm is a reasonably foreseeable as a consequence of the breach of duty Issue: Can Kevin rely on any
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"terribly and terrifyingly normal." Remoteness from Reality He was a new type of criminal‚ a participant in "administrative massacre" who committed his crimes "under circumstances that make it well-nigh impossible for him to know or to feel that he is doing wrong." Eichmann had no motives other than what Arendt described as "an extraordinary diligence in looking out for his personal advancement…he never realized what he was doing.That such remoteness from reality and such thoughtlessness can
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The Defendant has to take a responsibility if the accident happened in their area or property. Additionally‚ the Plaintiff also negligence in their action lead to the damage so they also have a duty to themselves.If Plaintiff contributed in some way to their own loss or injury‚ liability will be appropriated between defendant and the plaintiff (Ingram v Britten) Application: Did the Henri also do something negligence
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pleasure and fight to avoid pain‚ and believed that this was a ‘moral fact’‚ also that pleasure was the ‘sole good’ and pain was the ‘sole evil’‚ meaning humans naturally seek and avoid it. For example smoking‚ people know that it will harm them and damage their health but they smoke for the pleasure‚ giving up would be very difficult and would therefore cause pain that they’re trying to avoid. There are also very different examples from different peoples viewpoints such as.. * People who are motivated
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Negligence 1. 2. 3. 4. 5. Introduction The general principles of liability for negligence Product liability Liability for negligent misstatement Vicarious liability THE LAW OF TORT (民事侵權法) 1. What is Tort? One party suffers damage or loss as the result of the action of another No need for a contractual relationship The law of tort regulates the behaviour of individuals and legal persons 2 1. Introduction Tort: “Wrong” (a civil wrong) Three main types: • Intentional
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OCCUPIERS LIABILITY The occupancy of premises is affected by two statues: 1) The occupier’s liability act 1957. Under this act there is a duty to keep safe and lawful visitors to the premises 2) The occupier’s liability act 1984. Where an occupier may owe a duty to protect trespassers onto the premises. LAWFUL VISITORS A lawful visitor has permission to enter premises. This can be expressed permission of implied. There are four situations covering implied permissions: 1) If the occupier
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Law of Tort What is Tort? - The French word of ‘wrong’ - That set of rules specifying certain actions and omissions as wrongs which give rise to civil liability - Almost entirely based on case law Tort of Negligence - The “neighbour principle” o “The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour” Lord Atkin‚ Donoghue v Stevenson Who is neighbour? Persons who are so closely and directly affected by action that one ought reasonably to have
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TORTS CAN – FALL 2010 - GOOLD Lecture 1: Introduction to the Law of Torts Tort= area of law that deals with wrongdoing. Criminal=public wrongs‚ tort=private Tort= law concerned w/ rights & remedies associated with legal relationships between individuals. - What is wrong with this definition of torts? Fails to take into account key aspects of tort law. Three ways to define torts: (1) Areas of law recognised by courts as torts (e.g. the subjects in the syllabus) (2) Area of law concerned
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had suffered numerous injuries. The Plaintiff had sued Lee Chambers and Vinnie’s Pizza Ltd. for general and special damages along with cost of car repairs‚ and loss of income. Issue: 1) Is the defendant liable? 2) Does the defendant owe the plaintiff a duty of care? 3) Did the defendant breach the duty of care? 4) Is the defendant liable for personal injuries‚ damages‚ and loss of income? Argument: Could the injuries be avoided or less serious if the plaintiff had worn a seatbelt
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