INQUEST INTO THE DEATH OF VANESSA ANDERSON. WESTMEAD FILE. NO. 161/2007. Appearances. Gail Furness‚ Counsel‚ instructed by Emma Sullivan‚ Solicitor of the State Crown Solicitors Office‚ Counsel assisting the Coroner. Michael Williams‚ SC‚ instructed by McLaughlin & Riordan for Mr & Mrs Anderson and the family of Vanessa Anderson. Anna Katzmann of Counsel‚ instructed by Leitch Hassan Dent‚ Solicitors for the Royal North Shore Hospital and Doctors Nicole Williams‚ Azizi Bakar‚ Galina Palachevskaia
Premium Head injury
Negligence is a type of Tort law‚ which is a legal term that means criminal wrong‚ as opposed to a civil wrong‚ having mandatory duties for all citizens in that jurisdiction. In this law‚ the aims are deterrence‚ compensation and justice which can basically induce as protect people’s bodies and property in order to make people behave properly. Negligence placed an important role in tort law system. Apart from negligence‚ there are certain torts that specifically protect particular areas such as Defamation
Premium
TORTS FINAL EXAM OUTLINE INTENTIONAL TORTS 3 2. Battery 3 3. Assault 3 4. Intentional Infliction of Emotional Distress 3 5. False Imprisonment 4 6. Trespass 4 6.1. Trespass to Land 4 6.2. Trespass to Chattels 4 6.3. Conversion 4 AFFIRMATIVE DEFENSES 5 7. Consent (Privilege) 5 8. Self Defense (Privilege) 5 8.1. Self-Defense by Force Not Threatening Death or Serious Bodily Harm 5 8.2. Self-Defense by Force Threatening Death or Serious Bodily Harm
Premium Tort Common law Law
not necessary for a person to have entire control over the premises. It suffice that he has some degree of control. Control is shown when a person has a right to allow people to come in or to stop people from come into the premises. In the landmark case of Wheat v Lacon & Co Ltd‚ occupier was defined as someone who has immediate supervision and the power of permitting or prohibiting the entry of other persons and also the person who has any degree of control over the state of premises. It is not necessary
Premium Tort law Standard of care Duty of care
* Intentional Torts – involve intentional‚ rather than merely careless conduct; assault/battery‚ invasion of privacy‚ false imprisonment‚ trespass to land & the interference with chattels. * It is enough if one intends to do the act even if they did not intend to do wrong or cause damage b/c the law wants to protect property interests. ASSAULT AND BATTERY * Assault – occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent;
Premium Tort Tort law
DEFINITION: A tort is a civil wrong beyond a breach of contract for which the law provides redress. A. The law of torts focuses on private right of redress. The aggrieved party sues in tort to recover damages for the harm caused by her defendant. Contrast this to criminal law where the State‚ through government-employed prosecutors‚ pursues the action and extracts the punishment. B. LAWS come from 3 sources: i. Constitution ii. Statutory Law iii. Jurisprudential (or common law) TORT LAW comes
Premium Common law Tort Contract
INTRODUCTION TO BUSINESS LAW The Law of Tort Core Reading: Lucy Jones‚ Introduction to Business Law (Oxford University Press‚ 2011). Chapter 11 on The Tort of Negligence (Refer to pages 340 – 374). Please note that we ARE NOT going through every single areas in relation to negligence. For instance‚ the area on nervous shock. Aims and Objectives: - To enable students to appreciate the general law of tort‚ especially the concept of negligence; To understand how this area applies
Premium Tort Contract Common law
Tort law is a very important component regulating how the civil justice system of any society works. It is not a single law‚ but rather a collection of ideas and laws that regulate the amount of compensation an aggressor pays the victim in an event of harm. The harm or injury could be physical‚ or to the property and even the reputation of an individual. Enacted during the colonial period in the our country‚ many people believe that this law should be reformed to best suit the current citizen of
Premium Law Common law Tort
learned in class‚ a tort is a form of wrongful action that brings or causes harm to someone else that can lead to a lawsuit. Some torts are intentional‚ negligent‚ or strict liability. If you were intentionality trying to hurt someone or you were being reckless‚ you weren’t not making safe and conscious actions that only affect you. There are many different forms of intentional torts that are committed every day and there are consequences for those actions. The main intentional torts that are committed
Premium
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
Premium Tort law Law Duty of care