absurd: suppose A chips my windscreen so I have to get a new one and then you chip it: surely you shouldn’t compensate me because there is no extra damage caused by your action. Baker v Willoughby [1970] AC 467 (NB CONFINED TO CASES OF TWO TORTIOUS ACTS BY JOBLING): P walked into the middle of the road and D‚ driving‚ ran into him‚ causing damage to P’s leg. They both saw each other over 200 yds and neither took evasive action. The fault was ruled to be 25% P’s and 75% D’s. Shortly after the accident
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INTRODUCTION Determining whether Mr. Fullman has an actionable claim under the Alien Tort Statute (“ATS”) and whether the Fourteenth Circuit has jurisdiction over this matter can be determined by the same answer. If Lansdale can be held liable under the ATS‚ the Fourteenth Circuit has jurisdiction. If suit is barred against Lansdale‚ due to his status as a corporation‚ the Fourteenth Circuit lacks subject-matter jurisdiction and‚ thus‚ the case must be dismissed. The Supreme Court has not determined
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compensation if they’re hurt due to someone else’s negligence‚ but there are many other torts that can lead to a personal injury suit. Vincent Criscuolo & Associates‚ a Rochester personal injury attorney committed to helping injured people get the compensation they deserve‚ explains some of the other common torts‚ as well as the defenses insurance companies and defendants might use to defeat a claim. Common Torts Intentional torts are circumstances in which an individual intended to cause actual harm to the
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Tort Q-Define Tort‚ and its essentials. Q- injuria sine dmno and damnum sine injuria. Q- write a short note s on the following in the light of two latin maxims• • Gloucester Grammar School Case. Ashby V white The word tort has been derived from the Latin term tortum‚ which means to twist. It includes that conduct which is not straight or lawful. It is equivalent to the English term wrong. Tort is the breach of duty recognized by law. Definition of Tort-Salmond- it is a civil wrong for
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5. Director’s Duties Director’s Duties are part of the idea of risk management; because they take risks all the time‚ they require a certain element of regulation. The law must provide a way of mitigating against the risk‚ so creditors and shareholders can have potential recourse. This is all done indirectly; the company will recover in the event of a breach of duty arising. If the company recovers and suffers no harm‚ then that protects shareholders and makes sure their investments are secure.
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profit and the company would have a solid base to pay out a dividend to its members. In July 2010cHP’s financial state worsens however George declares a technical profit and advises HP can still declare the dividend. June 2010 there was a change in the law for the declaration of dividends however George did not find out about this until late September 2010‚ the same time the board signed off the financial reports and therefore George could not inform HP of the company’s financial difficulties. The board
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DUTIES OF DIRECTORS Directors of a company normally have exclusive power to manage the company’s business and exercise its powers. At common law‚ the duties were owed to the company‚ to employees‚ to individual shareholders and creditors. 1.0 Duties of Directors to the company It is convenient to categorise the duties of directors into fiduciary duties which arise because they are quasi-trustees of the assets of the company. The word ‘fiduciary’ refers to trust and confidence. ‘A fiduciary is
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Many trial lawyers argue about the need for the tort reform. The tort reform is a cap that the civil justice system has placed on how much can be awarded in punitive damages. Many Americans see civil lawsuits as a waste of money‚ they believe that too much money is being given away. A lot of pressure is put on trial lawyers to not accept lawsuits that can be perceived as petty and frivolous. That is just it‚ though‚ any situation can be perceived in a completely different way. For example‚ having
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ACT NO. 2137 - THE WAREHOUSE RECEIPTS LAW I — THE ISSUE OF WAREHOUSE RECEIPTS Section 1. Persons who may issue receipts. — Warehouse receipts may be issued by any warehouseman. Sec. 2. Form of receipts; essential terms. — Warehouse receipts need not be in any particular form but every such receipt must embody within its written or printed terms: (a) The location of the warehouse where the goods are stored‚ (b) The date of the issue of the receipt‚ (c) The consecutive number of the receipt
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Overseas Tankship (U.K.) Limited v.The Miller Steamship Co. Pty. Limited and another (Wagon Mound No 2)‚ Judicial Committee of the Privy Council on appeal from the Supreme Court of New South Wales‚ 1966 There are extracts from this case at p. 80 of Weinrib and then a summary of the result of this case at p 183. The case has some important passages beyond what appear in the p. 80 extract. Please add the following to your reading: LORD REID‚ LORD MORRIS OF BORTH-Y-GEST‚ LORD PEARCE‚ LORD WILBERFORCE
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