neighbour- Who‚ then‚ in law‚ is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question Donoghue v Stevenson Neighbour Principle: You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour- Who‚ then‚ in law‚ is my neighbour? The
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representation of fact. Public Trustee v Taylor Misrepresentation of law (distinction between law and fact is probably no longer supportable in Australia) If the law is fraudulently misstated‚ the representor would be held liable. It would be unconscionable to permit the plaintiff to gain from a fraudulent misrepresentation of law. The consequences and rights (results) should be the same between the making of fraudulent misrepresentation of law by which a party was induced to enter into a contract and from
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Chapter III Commercial Law I. General Definitions a. Commercial Law→ It designates the whole body of laws & regulations applicable to relations between persons engaged in commerce‚ business or commercial professions. b. Commerce→ The word “Commerce” means the exchange of goods‚ products or property of any kind. It includes: sale‚ purchase‚ exchange of merchandises. c. Internal and International Commerce→ Internal: it is the commerce carried on between individuals or corporations within the same
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A tort is a civil wrong that is outside of contract law and arises out of recognition that a person is responsible for their acts and omissions when dealing with others. The term ’tort’ refers to a number of different laws such as: • nuisance‚ • trespass and • assault Torts generally compensate the individual for personal loss or attacks on reputation‚ where the loss was caused by another person. Tort has as its basis common law. Negligence is now the dominant tort and the focus
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MEDICAL LAW NOTES Semester 1 2011 Compiled by Gabe and Will Contents Topic 1: Contract‚ Battery & Negligence In order to place medical law in its context‚ each of the potential actions for redress will be explored. Contract – Medicine as trade Existence of contract A contract is an agreement between two (or more) parties 3 elements required for a contract to exist Offer and acceptance (also called agreement) Consideration Intention to create legal relations In the context of a
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that payment to make after 30 days of the delivery. In a commercial contract‚ the time of delivery is normally of the essence. If‚ the date is stipulated and if the buyer fails to give the payment that is a breach of condition. Therefore‚ the seller is entitled to repudiate the contract and sue for payment. In Hartley v Haymans [ 1902] 3 K. B. 475 the court was held that the time of delivery is a prima facie of the essence in commercial law. In Charles Rickards Ltd v Oenheim [ 1950] 1 K. B. 616
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LOUISE MERRETT TRINITY COLLEGE COMMERCIAL LAW LECTURES 2012 -2013 SALE OF GOODS (4) TRANSFER OF TITLE BY A NON-OWNER Context 1. The general rule as to priority in the case of personal property is clear and underpins all forms of transfer‚ whether by gift‚ sale‚ bailment or security‚ and it is that a person cannot give what is not his or hers to give. This basic rule is often expressed in the Latin maxim nemo dat quod non habet and if reflected in s 21 SGA. 2. In practice‚ a
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COMMERCIAL LAW MODULE 2 TUTORIAL QUESTIONS QUESTION 1 Pete buys a bottle of suntan lotion from his local chemist shop. The lotion which is manufactured by Barnetts Pty Ltd‚ had acid in it‚ which had been added to the mixture by one of the workers in the factory who had failed to read the label on the tin properly. When Pete applied the suntan lotion he suffers third degree burns and has to pay high medical and hospital expenses. Advise Pete whether he has a claim against the manufacturer
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made‚ which is not the fault of either of the parties‚ which renders the contract either impossible to perform or deprives the contract of its commercial purpose. Where a contract is found to be frustrated‚ each party is discharged from future obligations under the contract and neither party may sue for breach. The allocation of loss is decided by the Law Reform (Frustrated Contracts) Act 1943. Examples of frustrating events Destruction of the subject matter: Taylor v Caldwell 3 B &
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4 PRINCIPLES OF TAX INTRODUCTION TO TAX LAW A. Origins of Taxation - Taxation is not a modern concept‚ and dates back to the Roman Empire: ▪ Emperor Caligula set a disturbing trend as a tax collector by imposing taxes on food‚ court proceedings‚ wages of porters‚ prostitutes and even marriage. - 1770’s ( Pitt and Lord North believed that newspapers were luxury items and constituted appropriate fiscal targets. A stamp duty was placed on newspapers‚ which was later increased to
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