disclosures: s156(1)&(5) Duty to retain discretions Duty to avoid conflicts of interests Duty to use powers for a proper purpose Duty to act in good faith in the interests of the company Liability for fraudulent trading: s 340(1) General law Duties Loyalty and good faith THE DUTIES Care and diligence Duty to act honestly and to use reasonable diligence: s 157(1) Statutory Duties Duty to act with reasonable care and diligence Administrative duties: Eg general disclosure:
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apply to ascertain the existence and breach of duty of care. Therefore‚ in order to be guilty of gross negligence manslaughter‚ D must owe a duty of care to V‚ must have breached that duty‚ and the breach must have caused V’s death. This breach must have been grossly negligent. The first issue to be examined is whether D owed a duty of care to V. Where the crime is by an omission‚ the duty of care would be determined on basis of whether there is duty to act. Since V’s death resulted from an omission
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perform its duties‚ it did not show unreasonable. As a result‚ he found that the appellant did not breach the duty of care and so he dismissed the respondent’s suit. (Zaluzna) However‚ the respondent appeal to the Full Court and stated that the Trial Judge was wrong in law in finding that the defendant did not owe the plaintiff a general duty of care. The Counsel held three reasons for supporting to appeal. The first was occupier’s liability and the Store did owe the special duty to Mrs. Zaluzna
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DISCUSS & EXPLAIN THE CONCEPT OF GENERAL DUTY OF CARE 3 3.0 SUMMARY OF CASE “DONOGHUE V STEVENSON” 3 3.1 ACTIONS TAKEN BY DONOGHUE 4 3.2 THE RESPONSE OF MR. STEVENSON 5 4.0 THE IMPLICATION OF CASE 5 5.0 THE JUDGEMENT 6 6.0 THE CONCLUSION 7 7.0 REFERENCES 8 1.0 INTRODUCTION Introduction to students the Lord Atkin’s concept of general duty of care‚ summary of the case “Donoghue v Stevenson”
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factors associated and required for the existence of negligence surround the party that owed a duty. Negligence is present when there is a duty of care. The duty is breached by the tortfeasor‚ there is causation of injury‚ and damages to the victim of the injury. The first element of negligence is the obligation to obey the law by acting responsibly in order to avoid injuring others. An example of the duty
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be based on the tort of negligence‚ the Duty of care‚ the Standard of Care‚ the breach of duty and accidental injury. The liability for accidental injury is governed by the law of negligence which both justifies recovery of compensatory damages in terms of proof of the defendants fault. Negligence is carelessness and to succeed in a negligence action‚ the plaintiff must generally show that the defendant was at fault. It is regarded as a breach of legal duty to take care which results in damage undesired
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Alee V. Bob’s Negligence Negligence requires a showing that a duty was owed‚ that the duty was breached‚ and that the breach was the actual and proximate cause of damages Special Duty- Land Occupier/Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make
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INTRODUCTION Law of tort dominates civil conduct in all aspects of life and numerous of violations of duties are all distinctly set. It provides remedies for certain civil wrongs that have not been arisen from the contractual duties. Under tort law‚ whether it is an intentional act or accident‚ the injured victim (plaintiff) may be capable to recover damages from the person that liable for the harmed caused (defendant). Negligence is the most significant and developed category of tort in terms
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occupier’s liability in the England are not applicable to Singapore under the Application of English Law Act and Singapore courts mainly concern themselves with the old‚ pre-statue English court decisions. Two main steps are followed to establish a duty of care. First‚ the factual occupier has to be identified by virtue of control. Second‚ the type of entrant has to be identified as the standard of care depends on whether one is an invitee‚ a licensee or a trespasser. Spandeck Test The case
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THE TORT OF NEGLIGENCE - DUTY OF CARE EXISTENCE OF A DUTY Donoghue v Stevenson [1932] AC 562‚ • Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour; and the lawyer’s question‚ Who is my neighbour? … You must take reasonable care to avoid acts or omissions which
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