Running Head: Strict Liability Torts Strict Liability Torts (Product Liability) Adil Elatillah LEG 300 Professor: Queen Meheux Spring 2012 Strayer University Strict Liability exists in the criminal context as well as civil‚ it is a legal responsibility for any damages and losses caused by a person or organization due to the act which is defined a fault in the criminal law term. Strict Liability‚ especially product liability is well known in tort law‚ of course criminal law and the
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THE DUTY OF CARE IN IRISH TORT LAW Author: Anna Louise Hinds‚ B.Corp.Law‚ LL.B (N.U.I.)‚ LL.M (Bruges). Examiner – Legal Framework Formation 1. Introduction The duty of care arises in the tort of negligence‚ a relatively recently emerged tort. Traditionally‚ actions in tort were divided into trespass and trespass on the case‚ or simply ‘case’. Trespass dealt with the situation where the injury was immediate‚ in other words direct and foreseeable. Actions based in case however‚ covered consequential
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Daniels Kelly’s research demonstrates that people can be disgusted by anything that is presented to them whether it is abstract or concrete. It can be an object or it can be something they find physically repellent. In Daniel Kelly’s book‚ we see how the role of disgust takes place in our lives‚ both moral and social lives. Research that Kelly presents will guide us to see how disgust influences morality. To begin with‚ Kelly proposes if disgust should or should not be involved in morality by his
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comply with the demand. The defence counsel‚ however‚ argued that second defendant could not be held liable for trespass in view of its statutory obligation under the Electricity Supply Act 1990 (ESA)‚ and the plaintiff had failed to distinguish between the lots owned by the plaintiff and the rest of the land. ISSUES 1. Whether second defendant’s failure to comply with plaintiff’s demand to cease supply of electricity and remove structures in plaintiff’s land can be amounted to trespass
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The Differing Principles of Assessment of Damages in Tort and Contract By Raphael Kok 1. Introduction For those in the legal fraternity‚ the question of whether a legal wrong has been committed in various situations predominantly occupies their concentration. This holds true‚ even purely in the civil context. When confronted with a problem‚ the question that immediately blazes in their mind is this: “Is there a breach of tortious duty or a breach of contract here?” However‚ the layman’s
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Teacher’s role in the classroom is to take place of the parents whilst in school. They also must take reasonable action to decrease the likelihood of injury to students. (Queensland teachers union‚ teachers and law 5th edition page 7) Three elements to establish a negligence case A duty of care was owed There was a breach of the duty Damages occurred because of the breach Duty of Care Two points in order to establish a duty of care Should a teacher
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• The peace officer was wearing a distinctive uniform Dossey himself admitted after viewing the Watch Guard Video during our interview that both the lights nor siren were on during the incident and the above was criteria was not met. Dosseys’ statement that he cannot hear the sirens of a police car during a pursuit due to the high level of stress he experiences‚ make his decision not to review MVS footage to ensure the criteria of the vehicle code is met irresponsible and negligent on his part
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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
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a. The application of English Law in our legal system. English Law is part of Malaysian law. The definition of law in Article 160 of the Federal Constitution includes ‘the common law in so far as it is in operation in the Federation or any part thereof’. That qualification concerns the extent to which English Law is applicable in Malaysia. First‚ we will discuss on the meaning of ‘sources’. Historical sources is the factor which influenced the development of law in religious and custom. Law
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to bring an action. The advice will be with the aid of decided cases where necessary. Area of Law and the Potential Defendant. In view of the facts given in this case‚ the name of the area of law under which Changwa can bring an action is in the tort of negligence. Accordingly‚ he must bring this action firstly against the pub manager for the cockroach found in the food. Secondly‚ the action must be brought against the manufacturers of the red wine. This is so because the pub manager is merely
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