including i) whether Samantha and Eric‚ as rescuers and primary victims‚ would be entitled to damages caused by the accident; ii) whether Susan‚ as a secondary victim‚ would satisfied the requirements in order to claim the damages; iii) whether Julie‚ as a primary victim‚ would be entitled to damages caused by the accident. i) whether Samantha and Eric‚ as rescuers and primary victims‚ would be entitled to damages caused by the accident. Generally‚ there is no duty to rescue and to safe another who
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of Bacillus Thurgeinsis on two Varieties of Kale Introduction: Pest such as cabbage whites often cause damage to plants. The damage sometimes leaves the plants not as sufficient at producing as they could be if there was no damage. All sorts of caterpillars and other insects like them chew and eat holes in the leaves of plants‚ such as kale. Trying to reduce the amount of damage done to the pants by these pests‚ farmers use a type of biological control which uses bacillus thuringiensis (B
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mere allegation of breach of contract without sufferance of actual loss or damage and in the absence of determination and quantification of the actual loss/damage suffered by the respondents? 1.1 To what extent can the amount of compensation be awarded to the aggrieved party in case of no actual loss or damage but due to mere breach of the terms and conditions stated in the contract . 1.2 Whether in case of liquidated damages can the party claim to receive compensation in form of the given amount
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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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Homer will probably be entitled to damages amounting to the value of his work. Anticipatory Repudiation Occurs when a party unequivocally repudiates his duty to perform‚ before the performance is due. Performance was due by December 1‚ and Bilda walked off the job on November 1‚ telling Homer “the job is not going to be profitable” and “besides the trout are biting at Clear Lake.” The facts show that Bilda has repudiated by walking off the job. Damages If a breach is considered
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The courts enforce a liquidated damages clause even if the final result of a case seem to be not fair for any of the parties. This is because of the set out they have agreed on in a contract. However‚ the courts will not enforce a bargain that leads to a penalty. The liability of proving that a clause is a penalty is dependent on the person trying to deny the liquidated damages application. Therefore‚ there are indicators and teste for a penalty in law. The test for penalty is known as the Dunlop
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violation of non-contractual damages. - Parties related to the violations which they have no contractual relationship with each other even they are strangers. - Tort is the basis for generating tortuous liability so the person wronged has responsibility to any persons who are damaged from their behaviour. - Cannot measure clearly the damages. - Difficult to determine exactly compensation rate so the compensation will be based on the actual extent of damage occurred. - A violation of
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and Don [Hedley Byrne v Heller] Representor has reasonable grounds to believe his statement was true. Is a term; as Chew would not invest in the bonds if not for Don’s words. Sue for negligent misrepresentation (Using “But-for” test to assess damages) Suing under the Tort of Negligence‚ Chew has to prove: Duty of Care owed to Chew by Don - Factual Foreseeability‚ proximity checked Hedley Byrne v Heller (1964) - Negligent misstatement results economic loss Skill & Expertise of Don Don knows/ought
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Chapter 18: Remedies for Breach of Contract Election to discharge: self-help remedy Types of Judicial Remedies • Common law remedy of damages • Common law remedy of an action for a fixed sum • Equitable remedy of specific performance • Equitable remedy of injunction Limitation Act • Judicial remedies may be barred by lapse of time due to LA • S 6 LA: no action against breach of contract after 6 years have passed (unless party unaware of breach) • LA does not apply to any legal action rooted
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substance can produce target organs damage. . aniline Hazardous in case of skin contact (irritant‚ permeator)‚ of eye contact (irritant)‚ of ingestion‚ of inhalation. Severe overexposure can result in death. Slightly hazardous in case of skin contact (sensitizer). The substance may be toxic to blood‚ kidneys‚ liver‚ bladder‚ spleen‚ cardiovascular system‚ central nervous system (CNS). Repeated or prolonged exposure to the substance can produce target organs damage. benzyl alcohol Hazardous
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