what has been decided and do not unsettle the established” - This is the main legal principle‚ which judges are obliged to follow the already set-up precedents‚ established by prior decisions. This means that a decision made in one case can be binding on all following cases under similar circumstances. The principle of stare decisis consists of two components. The first is the rule that a decision made by a superior court is binding which an inferior court cannot change. The second type of precedents
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DEFENCES TO NEGLIGENCE Up to the D to prove that the P’s also did not exercise the same reasonable standard of care for the community CONTRIBUTORY NEGLIGENCE * Contributory negligence involves a failure by the P to take reasonable care for his or her own safety that contributes to his or her damage * Apply section 5R – need to show that the P failed to take reasonable care for his or her safety or for the protection of the P’s interest * It is an objective standard that
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their primary duties as it was seen in the case Close v Steel Co of Wales where all dangerous parts of machinery should be securely fenced according to the section 14 Factories Act 1961. All workers will need safety at work and the Health and Safety at work Act 1974 will ensure all employees are safe within their workplace. Breach of these duties will constitute in a criminal case as it is in Alf’s case. On the other hand this event could also be a civil case as Alf can sue Skimpy PLC for compensation
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Negligence Disguised As Ignorance ‘A child suffering the consequences for a crime he/she willfully committed? Oh no!’ This is what I hear whenever someone speaks against trying children as adults for the extremely terrible crimes they commit. It is illogical and immoral to allow young murderers to have an advantage over the justice system simply because of their age. If a child can learn right from wrong and take freedom into their own hands by willfully committing heinous crimes‚ then
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Before 1932 there was no generalised duty of care in negligence. The tort did exist and was applied in particular situations where the courts had decided that a duty should be owed‚ eg‚ road accidents‚ bailments or dangerous goods. In Donoghue v Stevenson [1932] AC 562‚ Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour
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Learning Team B Reflection: Week 3 IRAC Brief Learning Team B: Rhea Carson‚ Elspeth Flynn‚ Matthew Cable‚ Dusty Henson‚ Joseph Spurling LAW531 October 21‚ 2014 Janice Scott IRAC: Kirtsaeng v. John Wiley & Sons Case Kirtsaeng v. John Wiley & Sons Issue Whether first-sale doctrine codified in 17 U.S.C. § 109(a) is applicable to John Wiley & Sons copyrighted works manufactured and bought abroad‚ resold in the United States by Kirtsaeng without the owner’s permission. Is this a violation of the Copyright
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to land to enhance the land in some way.” Nikolas James‚ Business Law‚ 2012 (1st) Edition (p. 444). Fittings are objects attached to land or buildings that are not Fixtures. The Case Law relevant to fixtures and fittings is the case of Australian Provincial Assurance Co Ltd Vs Coroneo (1938) 30 SR (NSW) 700. The case involved the selling of a theatre and the court was to decide which assets were fixtures and which were fittings. The court decided that a switchboard & projector were permanently
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Cahermurphy‚ Kilmihil‚ Co. Clare‚ Ireland. 4th March 2010. Complaints Section‚ Cadbury’s‚ Bermingham‚ UK. Dear Manager‚ I am writing to inform you of a dreadful incident that occurred due to your company’s negligence. Yesterday was my 14th birthday and I was having a wonderful birthday party. That is‚ until disaster hit! I was munching contentedly on my Cadbury’s cream egg when suddenly I bit down on something hard. I heard a cracking noise and immediately
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LEGAL WRITING: Using “IRAC” I. INTRODUCTION This handout sets out the basic paradigm‚ or organizational structure‚ of predictive legal analysis‚ referred to throughout this course as “IRAC.”1 IRAC is a general analytical paradigm; as you gain experience in your legal writing‚ you will be able to modify this paradigm to fit a particular legal issue. Once you understand the IRAC structure and are able to use it fluently‚ you can decide when it might be appropriate to modify the IRAC paradigm in a particular
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Intro to Legal Environment Beachum v. White The West Virginia Record Background Facts: Leetta Beachum is the mother of Shana Cowley. Shana Cowley died from internal injuries on September 14‚ 2009. Injuries were sustained from leaping out of a moving vehicle. Timothy White was the boyfriend of Shana Cowley and the driver at the time when Cowley jumped from the moving vehicle. An altercation broke out between White and Cowley earlier that day‚ it continued when White picked up Cowley and
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