Tort reform is a very controversial issue; it is difficult to understand as the opinions are tossed around opposing sides. From the plaintiff’s perspective‚ tort reforms serves to benefit many of the major companies including insurance companies and doctor’s offices and/or hospital. From the defendant’s perspective‚ tort reform serves to harm the big companies as defense form extremely large punitive damage awards. The current is that there is a growing concern among some that there are overconsumptions
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brought him home. They had to watch him carefully for about two weeks‚ but he finally came out of the "brainwashing." They want to sue the Church for a number of things. They want to sue on their son’s behalf for the intentional torts that were inflicted on him‚ as well as for the torts committed against them. Your ultimate assigment (Research Assignment 4) will be to draft a memorandum of law to your supervising attorney. It will be 8-10 pages in length. You will follow the general formatting instructions
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LAW Torts 1 – Negligence: elements of liability Objectives The law of tort has already been mentioned in other topics in a comparative sense. After studying this topic you should be able to: • discuss the nature of tort law; • explain the various interests protected by tort law; • describe the three essentials of the tort of negligence; • apply the test of reasonable foreseeability in relation to the duty of care; • explain the circumstances in which a duty of
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Case Analysis: Students are obliged to pre-prepare a two-page outline of their answers to the stated cases/problems in the given tutorial. The faculty will ask individual students to deliver an oral summary of their outline answer to the tutorial problems. These answers‚ written and oral‚ will form the basis of the tutorial proceedings. Here is a “rough guide” to the seven headings under which any case should be analyzed: 1. Case History = what was the legal basis of the claimant’s claim? When
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Negligence is a type of Tort law‚ which is a legal term that means criminal wrong‚ as opposed to a civil wrong‚ having mandatory duties for all citizens in that jurisdiction. In this law‚ the aims are deterrence‚ compensation and justice which can basically induce as protect people’s bodies and property in order to make people behave properly. Negligence placed an important role in tort law system. Apart from negligence‚ there are certain torts that specifically protect particular areas such as Defamation
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[G.R. No. 117103. January 21‚ 1999] Spouses RENATO S. ONG and FRANCIA N. ONG‚ Petitioners‚ v. COURT OF APPEALS‚ INLAND TRAILWAYS‚ INC. and PHILTRANCO SERVICE ENTERPRISE‚ INC.‚Respondents. FACTS: Petitioners were paying passengers of Inland Bus (owned and operated by Inland Trailways under a Lease Agreement with Philtranco)‚ iIt was driven by Calvin Coronel. Around 3:50 a.m. on February 9‚ 1987‚ when the Inland bus slowed down to avoid a stalled cargo truck in Tiaong‚ Quezon‚ it was bumped from
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The issue is whether the defendant Sykt Jebat can be held liable for the damages suffered by the plaintiffs‚ Sam‚ Jojo and Lan under the law of Occupiers’ Liability. Occupiers’ liability concerns injury caused to a plaintiff as a result of defective condition of the land‚ building and premises. In order to establish occupiers’ liability‚ the occupier must have a sufficient degree of control over the premise. Lord Denning in Wheat v Lacon & Co Ltd (1966) held that “whenever a person has a sufficient
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INQUEST INTO THE DEATH OF VANESSA ANDERSON. WESTMEAD FILE. NO. 161/2007. Appearances. Gail Furness‚ Counsel‚ instructed by Emma Sullivan‚ Solicitor of the State Crown Solicitors Office‚ Counsel assisting the Coroner. Michael Williams‚ SC‚ instructed by McLaughlin & Riordan for Mr & Mrs Anderson and the family of Vanessa Anderson. Anna Katzmann of Counsel‚ instructed by Leitch Hassan Dent‚ Solicitors for the Royal North Shore Hospital and Doctors Nicole Williams‚ Azizi Bakar‚ Galina Palachevskaia
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Assignment 1 Constitutional Law (LAW437) Question Habeas Corpus is a remedy to secure personal liberty in Malaysia. Discuss with reference to some decided cases. 1.1 INTRODUCTION The main provision of the Constitution which is relevant is Art. 5(1):”No person shall be deprived of his life or personal liberty save in accordance with law.” This most fundamental of all fundamental-rights provisions is given to all persons‚ not just citizens. Art. 5 goes on to provide for the right to habeas
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He would like to claim for such economic loss of $50‚000. In addition‚ Peter expects to claim for medical expenses of $10‚000 and loss of income of $20‚000 for the duration of the injury. REQUIRED: Advise Peter of his legal rights under the law of torts. (Maximum word length: 1‚000 words) Question 2 (10 marks) On Monday‚ Aaron wrote a letter to Ben offering 300 bags of cement at $100 per bag. On Wednesday‚ Ben received the letter of offer from Aaron and posted a reply letter to Aaron in which
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