Chapter 2 Donoghue v Stevenson p.45 Donoghue found a snail in the ginger beer and got shocked. She sued Stevenson‚ the manufacture. Manufacturer owed a duty of care to customers. Neighbour test.Grant v Australian Knitting Mills p.48 Dr Grant suffered dermatitis because of the sulphites on the surface of the underwear manufactured by AKM. AKM owed a duty of care in the production of the underwear not to cause injury to Grant. McPhersons v Eaton p.49 Eaton died from the exposure to asbestos
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Scottish Council of Law Reporting. Retrieved 8 September 2012. 2. Smith‚ JC; Burns‚ Peter (1983). "Donoghue v. Stevenson: The Not so Golden Anniversary". Modern Law Review (Wiley-Blackwell) 3. Buxton‚ Richard (2009). "How the common law gets made: Hedley Byrne and other cautionary tales". Law Quarterly Review (Sweet & Maxwell) 4. Lord Atkin (1932). "Law as an Educational Subject". Journal of the Society of Public Teachers of Law.
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HI 5018 BUSINESS LAW Week 4 Application of Negligence to Business Chapter 9 Applications of Negligence to Business Chapter objectives On completion of this chapter‚ you should be able to: identify and discuss the application of the tort of negligence to the following: a) occupier’s liability b)strict liability c) negligent misstatements d)employer or vicarious liability e) breach of statutory duty f) criminal negligence HI 5018 BUSINESS LAW T2 2014 3 3 1 Chapter objectives On completion
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Week 8 Lecture Aspects of the Tort of Negligence 1. 2. 3. 4. 5. Introduction The general principles of liability for negligence Product liability Liability for negligent misstatement Vicarious liability THE LAW OF TORT (民事侵權法) 1. What is Tort? One party suffers damage or loss as the result of the action of another No need for a contractual relationship The law of tort regulates the behaviour of individuals and legal persons 2 1. Introduction Tort: “Wrong”
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CHAPTER EIGHT MISREPRESENTATION A misrepresentation is an untrue statement‚ which induces the other party to enter into the contract. A misrepresentation may be fraudulent‚ negligent misstatement‚ or wholly innocent. The applicable remedy depends on the nature of the misrepresentation. In order for a representation to amount to an actionable misrepresentation it must be: a) false; b) one of fact as oppose to intention‚ opinion‚ or law; c) The statement must be addressed to the party who
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CASE TOPIC AREA RESULTING LAW [CASE DETAILS] "Whitely v Chapel " "Interpretation of Statute " "literal rule - words given dict’ meaning [voted under dead person’s name. Cannot impersonate a dead person] " "Re Sigsworth " "Interpretation of Statute " golden rule - above disregarded if absurd/repugnant situation [son due to inherit from his mother after murdering her] "DPP vs Bull / Corkery v Carpenter " "Interpretation of Statute " "mischief rule - interpret for intended effect [law referrign
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Judicial Precedent What is it? Process by which judges follow the decisions of previous cases if material facts are sufficiently similar Operates through the doctrine stare decisis – to stand by what has previously been decided Why do we have it? Certainty/predictability – ensures justice is done Allows lawyers to predict outcome & advise clients People have full knowledge of the consequences How does it operate? In order for the doctrine to operate effectively it needs: 1. Effective
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References: Hedley AA‚ et al. Prevalence of overweight and obesity among US children‚ adolescents‚ and adults‚ 1999–2002. JAMA. 2004;291(23):2847-2850. Hofferth SL‚ Curtin S. Poverty‚ food programs‚ and childhood obesity. J Policy Anal Manage. 2005 Fall; 24(4):703-26
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the Pacific. World War II began on 1 September 1939 with Germany invading Poland‚ and ended on 2 September 1945 with the surrender of Japan after the Americans dropped Atomic Bombs on Hiroshima and Nagasaki. According to the article by Willmott‚ Hedley P. and Michael Barrett " nearly 50 million lives were lost". World War II did have some positive effects‚ not just negative ones. With this war having such a high mortality rate‚ it is difficult to believe that it did being advances to medicine
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truly care about. In Icefields‚ we are introduced to Dr. Byrne‚ a botanist and doctor who tragically falls into a crevasse while visiting the icefields
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