Breen v Williams (1996) HCA: Facts • Dow Corning manufactures a silicone breast implant; due to a design defect‚ it leaks and causes harm to those in whom the devices were implanted. • Breen has had an implantation surgery‚ and the implants subsequently leak. • She undergoes corrective surgery‚ but it fails to relieve her pain and resolve the problem. • She wants to join in a class action lawsuit against the United States manufacturer. • Permission to do so is granted‚ providing that she
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affect the contract of employment in this case.’ This is what ’parties intended but left unwritten in the gap of a contract.’ There are five conditions by which a contract would be satisfied before a term would be implied. They are ’reasonable and equitable‚ necessary to give business efficacy so no term will be implied if contract is effective without it‚ obvious‚ clear expression and not contradict any express term of the contract.’ The analysis would address the viability of imported terms‚ implied
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Email: una.woods@ul.ie Abstract: Boundary disputes are an unfortunate fact of life. This paper illustrates the difficulties currently faced in Ireland by those seeking to demonstrate adverse possession of boundary land and discusses alternative remedies which may be relied upon to resolve boundary disputes. Recently‚ concerns have been expressed in Ireland and elsewhere in relation to the fairness of the doctrine‚ in particular the way it enables the deliberate squatter who is fully aware that he
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been a substantial and enduring improvement in the levels of equality for indicators of health status and the use of health services. Where access is universal‚ such as EPI‚ antenatal care and the treatment of pneumonia‚ the indicators are highly equitable. Where access is improving but not yet universal for services such as skilled birth attendance‚ family planning and bed net usage the equality indices demonstrate some progress has occurred but show room for further improvement. Underlying determinants
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Week 6(1) – PROPERTY LAW Capitalist society – incentive to obtain assets and a system to protect these assets. Capitalist is more about individual rights‚ self-accumulation of wealth. Communist country – more about ‘public’ rights – the state owns property and chooses some system of distribution. Prevents exploitation of natural resources e.g. gold‚ trees‚ fishing areas e.g. around Australia. TYPES OF PROPERTY Physical and intangible property (copyrights‚ trademarks and patents). Property
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Law and Equitable Approached to Competing Interests The basic rules of priority: 1. Priority disputes occur when two or more people claim independent property rights that cannot co-exist. When one property right takes priority over another‚ the latter is extinguished or diminished to the extent of any inconsistency between them. 2. An earlier legal right takes priority over a subsequent legal right (nemo dat rule at common law). 3. A legal right takes priority over an equitable right
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t is important to distinguish unfair dismissal from the common law remedy for wrongful dismissal. The latter is a civil law remedy essentially based upon breach of the contract of employment. From the point of view of the employee‚ there are significant deficiencies in this civil law relief as a remedy. Because an employer is generally entitled under the terms of the contract to dismiss upon giving the appropriate period of notice as stipulated by the contract‚ damages will often be limited to the
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It is trite law that an insurer under a contract of indemnity insurance‚ who has satisfied the claim of the insured‚ is entitled to be placed in the insured’s position in respect of all rights and remedies against other parties which were vested in the insured in relation to the subject-matter of the insurance1. Where the insured has proceeded against the third party after the insurer had paid out the claim and without the insurer’s authority as happened in Visser v Incorporated General Insurances
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1. An exemption is a clause in a contract that exempts or removes liability from one or both parties in certain circumstances. Exemption clauses are used frequently in business organization contract. These clauses apportion risk between the parties concerned and the law upholds them‚ assuming the parties negotiated them while drafting the contract 2. The two ways in which exemption clauses can be incorporated in a contract are: (1) Incorporation by notice and (2) Incorporation by signature
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inflexibility of common law. England has two parallel court systems * Courts that could only award money damages * Courts of Equity that could issue broader range of remedies Courts of Equity seek to make defendants to fix their actions and is not applicable to criminal law. There are two types of equitable remedies that can be sought * Injunction: A court order directing a person to stop doing something * Specific Performance: A court order directing a person to carry out an obligation
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