4.0 INTRODUCTION Occupiers’ liability generally refers to the duty owed by land owners to those who come onto their land. However‚ the duty imposed on land owners can extend beyond simple land ownership and in some instances the landowners may transfer the duty to others‚ hence the term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability to arise. Occupiers’ liability is perhaps a distinct form of negligence in that there must
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Torts Assignment 2011 Semester 2 Fred v Ivan- Battery Battery is committed when there is an intentional‚ direct‚ and unlawful contact or without consent to another’s person. Ivan intentionally made unlawful contact with Fred when he thrust his hands into Fred’s pocket. It was apparent that although the contact was with his pants’ pocket rather than directly to the body‚ the contact did involve some element of forces and that ‘the least touching of another in anger is battery’. Hence‚ the element
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PARTICIPATION ASSIGNMENT JS 230-020 CHAPTER 7: TORT LAW CASE PROBLEMS 1. Smiley‚ a buyer for Carrefour Fashions‚ entered the store of a rival firm‚ Boulevard Boutique‚ in order to find out what latest lines they were carrying. He was recognized by Maldini‚ the manager of Boulevard Boutique‚ who called the store detective‚ Rocco‚ and ordered him to “keep an eye” on Smiley while he‚ Maldini‚ called the police. Maldini called the police and informed them he had a “suspected shoplifter”
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Case Questions 1. What did Woolley do to show his acceptance of the terms of employment offered to him? Woolley continued to work after he received and read the employee manual. This implied that he agreed with the terms of the employment manual. 2. In part of the case not included here‚ the court notes that Mr. Woolley died “before oral arguments on this case.” How can there be any damages if the plaintiff has died? Who now has any case to pursue? The executor of Mr. Wolley’s estate could
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“The Christopher Story” Grand Canyon University Spd-510--- Professor March 26‚ 2015 Ericka Golden I loved “Christopher Story”. To see that Christopher is a healthy‚ loving and thriving child also with the fact that is so loved is amazing. Watching Christopher’s Story I do not feel like inclusion is necessarily the best route for a child. I think that having a child in a natural environment is good for them. I think that the child needs should be addressed to make sure that the child is getting
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DEFENITION: STRICT LIABILITY RYLANDS V FLETCHER CASE i. FACTS ii. DIAGRAMATICAL REPRESENTATION iii. JUDGEMENT iv. EFFECTS OF THE CASE v. EFFECTS OF THE CASE IN INDIA vi. CONCLUSION vii. ESSENTIALS EXCEPTIONS BIBLIOGRAPHY STRICT LIABILITY • A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. • e.g.‚ The defendant is liable to the neighbor
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Liability for Omissions The law has historically been reluctant to impose a general liability for omissions as opposed to positive acts. This means that there is no general duty of care in tort to act in order to prevent harm occurring to another. In Smith v Littlewoods Organisation‚ Lord Goff stated clearly that “the common law does not impose liability for what are called pure omissions”. Similarly‚ in Yuen Kun Yeu v A-G of Hong Kong‚ Lord Keith stated that people can ignore their moral responsibilities
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Personally‚ I agree with the Supreme Court’s decision in the landmark case of R. v. Dyment. Particularly‚ with La Forest J. commentary it provided on the importance of privacy: “…society has come to realize that privacy is at the heart of liberty in modern state…Grounded in man’s physical and moral autonomy privacy is essential for the well being of the individual. For this reason alone‚ it is worthy of constitutional protection‚ but it also has profound significance for the public order. The restraints
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Principles of Criminal Liability 1/16/2013 Student ID: Word Count: 2482 Criminal activities are very common in our society. With the intention to hamper the property of other people or causing ill effect to others‚ criminal activities are occurred usually. Sometimes people involve themselves with some activities to injure others due to personal clash or from ill temperament. Some activities which may be done to cause simple injury
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lawsuits and litigation from everyone suing everyone else‚ one must ask the question "where does product liability end and consumer responsibility begin?" This question has been further complicated by occurrences that stretch to the most far-reaching ends of this spectrum‚ the spectrum ranging from strict product liability of the company to complete consumer responsibility. On the strict product liability of the company side‚ we have the cigarette industry where the CEOs of the largest cigarette companies
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