22 PAPER-4 (LL1008) LAW OF TORT AND CONSUMER PROTECTION LAWS nd st (2 Semester‚ 1 Year of the 3-Year LLB course) PART A- Law of torts PART B – Consumer Protection Law PART –A General Principles 1. General Principles – Definition‚ distinction between tort‚ crime‚ contract‚ breach of trust. 2. Essential conditions of liability – Damnum Since injuria‚ Injuria sine damnum‚ Malice‚ Motive. 3. Foundations of tortuous liability‚ fault liability‚ strict liability‚ principles of insurance in torts. 4
Premium Tort
LAW OF TORT PART– PART–ONE Objectives of this Topic By the end of the topic the learner should be able to: * D fi iti of tort and related t Definition f t t d l t d terms * The difference between tort and criminal law and tort and contract law * Understand the nature and liability of tort * Explain the functions of the law of torts * Explain the capacity to sue or be sued for various p p y individuals and entities * Understand the specific torts their defences and remedies available
Premium Tort Law Contract
be the effect of a contract entered into with a bankrupt and what kind of remedies were there have for such contracts. Explanation of relevant law According to the Contracts Act 1950‚ under section 2(h)‚ an agreement enforceable by law is a contract. Furthermore‚ S. 2(h) of the Contracts Act 1950 states that any agreement which is not enforceable by the law is said to be void. To have an enforceable contract there must be offer and acceptance. In Section 2(a) stated that a proposal is made when one
Premium Contract
loss to the plaintiff while the damages are foreseeable‚ the defendant will be liable to negligence. The following shows why ABC ltd is negligent and therefore liable to Johnny and Kenneth. Negligence is behavior that falls below the standard of reasonable‚ prudent and competent people. The careless behavior alone of the waiter would not incur liability to ABC ltd. Only when it leads to the damage by negligence‚ which is actionable‚ would incur liability. In Donoghue v Stevenson‚ friends of Mrs. Donoghue
Premium Tort Duty of care Tort law
QUESTIONS What is Law? 1. The law in the United States has been influenced by English‚ but not by French or Spanish law. F [moderate p. 3] Law is intended to protect persons‚ but not their property‚ from unwanted interference from others. F [easy p. 3] Businesses that are organized in the United States are subject to its laws‚ but not to the laws of other countries in which they do business. T [moderate p. 3] Promoting social justice is a function of the law. T [moderate p. 4] Law serves the functions
Free Common law Law Supreme Court of the United States
Discuss the relationship between law and morals and whether law should uphold moral values? Phil Harris in an introduction to law defines a society’s ‘code of morality’ as a set of beliefs‚ values‚ principles and a standard of behaviour. A compliance with these rules is not compulsory and not required by the state. People are influenced by their family‚ friend’s religion. However‚ they could consider from themselves what they believe to be moral or immoral in their view‚ because a society is pluralistic
Free Morality
Student ID: 11504809 Answer to question no.1 Issues After unforeseeably hitting drunk Mary and injury her (breaking her leg)‚ is Bob liable for Mary’s injury according to Torts? Can Sam sue Tom because he was stuck in traffic for the accident? Law When a party caused physical injury to some as long as the harm was foreseeable‚ a defendant is liable for all types harm suffered by a plaintiff‚ including those that were not foreseeable. This is known as the ‘Egg-shell skull’ rules. In Donoghue
Premium Contract Tort
Tort Law Reading Notes Week 1 Mon Sep 8 Damages pp697-729 - aim of damages: restore plaintiff to position he would have been had the wrong not occurred o as this is impossible in cases of personal injury‚ monetary compensation is used o total amount is the amount that will release the target amount over the given span of years - assessment is a matter if calculation‚ not impression (SCC 1978) - 3 probs: o 1) what kinds of items must a defendant compensate
Premium Tort
Business Law Final Denise Capalbo Chetum v. Knarles Issue: Defamation Rule: Under the common law‚ defamation requires a false statement of fact‚ of or concerning plaintiff‚ published to a third party and causing damages. Also‚ where defamation is about a public person or matter of public concern‚ the plaintiff must prove that the statement is false‚ and that the defendant either knew of its truth or acted with reckless disregard of the truth (malice). Analysis: Knarles’ statements
Premium Contract Tort Law
non-profitable organization. With a team of 4 lawyer volunteering law advice and services to the community for free. In this case we are to provide Chalice with our advice on what are the chargers he can look into if he decided to take it to the court or alternatively settle by other resolution. Duty of care with Negligence “Negligence as an important element in law of tort requires more than mere lack of care”. A claimant who wishes to sue in negligence must show: That the defendant owed him a legal duty
Premium Investment Tort Common law