Baroness Hale of Richmand‚ Lord Brown of Eaton under Heywood and Lord Scott of Foscote. All five judges’ judgements were different from each other‚ with no disagreements. The House of Lords in this case ruled that the duty of care owed by landlords to their tenants does not include a duty to warn or otherwise protect against wrongful acts by other tenants. There have been previous attempts to impose liability on landlords for wrongful acts of tenants‚ but these have been dismissed without inquiry. This
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attendant in a children’s playground and his job requires that he act as wicket keeper for the children when they play cricket. Jack’s one good leg is seriously injured when a fast ball crashes into him. He sues the employing Council alleging breach of duty in failing to provide protective guards. Discuss the general nature of care and discuss whether Jack Smith’s common law action would be affected by the fact that he previously had only one good leg. Further state whether he can recover damages
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tort because Arnold and Sylvia did not willfully take actions that were likely to cause injury. Duty‚ Branch of Duty‚ Causation‚ and Damages are all required in order for a plaintiff to prove negligence of a defendant. The reasonable person standard‚ which the courts use to determine whether or not an individual owes a duty of care to another‚ states that the courts generally hold that landowners have a duty of care to protect individuals on their property. However‚ in Hudson v. Janesville Conservation
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True Story of Erin Brockovich Anderson v. PG&E [pic] Michael Kelly Business Law Professor Chowdry Erin Brockovich is the story of a woman who helped 650 people in Hinkley California get justice for the actions of Pacific Gas and Electric (PG&E.) The case was titled Anderson v. PG&E and was actually settled outside of court. It was settled in the Superior Court for the County of San Bernardino‚ Barstow Division. The parties agreed on a settlement of
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1. The Duty! PURE ECONOMIC LOSS ! Neighbour Test (Donoghue v Stevenson): Care must be taken to avoid acts Salient Features Test (Perre v Apand): Neighbour test is not enough in cases of which you can reasonably foresee would be likely to injure your neighbour. Who are pure economic loss to establish a duty of care‚ which caused a need for further persons I ought to reasonably have in contemplation as I take an action/omission. tests to identify if there was a duty of care owed
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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 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
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summoned aid for an imperiled stranger. Under the American Bystander Rule a person would have to have the legal duty to act or aid‚ and be required to do so‚ if they are employed in some helping occupation‚ or if they have some other legal obligation which requires them to act a special‚ or familial‚ relationship with a person in distress. In the United States‚ individuals do not have a duty to intervene when someone else is in danger. This is known as the American bystander rule and is different from
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arrived in a dark coloured bottle. After drinking ginger beer the woman saw the remains of a decomposed snail were present in the bottle. The woman claimed against the manufacturer of the ginger beer for damages. It was held that manufacturers owe a duty of care to consumers where the product which leaves them is in the same state as received by the consumer‚ and where there is knowledge that a lack of reasonable care in the preparation could cause injury to the consumer’s life or property 3.Blyth
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1. 4–3. Business Torts. Medtronic‚ Inc.‚ is a medical technology company that competes for customers with St. Jude Medical S.C.‚ Inc. James Hughes worked for Medtronic as a sales manager. His contract prohibited him from working for a competitor for one year after leaving Medtronic. Hughes sought a position as a sales director for St. Jude. St. Jude told Hughes that his contract with Medtronic was unenforceable and offered him a job. Hughes accepted. Medtronic filed a suit‚ alleging wrongful interference
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successful cases for the plaintiffs often involve them having to prove many aspects of negligence and product liability – primarily duty of care‚ actual and proximate cause‚ and proof that the defendant is directly at fault for the plaintiff’s injuries. Because the doctrine of strict liability likely applies in this case‚ Daniel Boone does not need to prove that Zoom breached a duty of care‚ only that his injuries were a result of Zoom’s actions or negligence. The dispute in Case D between Daniel Boone‚ the
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