In this case‚ Nona was approached by Samseng on her way home after work. Samseng then threatened by pointed a gun onto her head and asked Nona to surrender her money. In order to take legal action against Samseng under assault‚ the issue must first be fulfilled the elements of assault. The first element of assault is the mental state of the defendant. In this case‚ the defendant has the intention to commit the assault on Nona. The intention of the defendant is specific as when the defendant acted
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responsibility." On the strength of the report given by the respondents‚ Hedley placed additional orders on behalf of Easipower which eventually resulted in a loss of £17‚000. Hedley then brought an action against the respondents for damages under the tort of negligence: Held: A negligent‚ although honest‚ misrepresentation‚ may give rise to an action for damages for financial loss even if there was no contract between the advisor and the advisee and no fiduciary relationship. The law will imply a
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DISCHARGEMENT OF CONTRACT The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively‚ if you’re a fan of social theorists such as Jean-Jacques Rousseau‚ you may argue that we’re also bound by ‘the social contract’‚ but we digress. Getting back to our original point
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“In our judgement the law is clear. The ingredients of the offence have been clearly defined‚ and the principles decided in the House of Lords in Adomako . They involve no uncertainty. The hypothetical citizen‚ seeking to know his his position‚ would be advised that‚ assuming he owed a duty of care to the deceased which he had negligently broken‚ and that death resulted‚ he would be liable to conviction for manslaughter if‚ on the available evidence‚ the jury was satisfied that his negligence was
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Topic: ’Impossible that I lost diamond ring”‚ (Selina Lum‚ 2011) Court Case: Bass Anne Hendricks V Shangri - La Hotel Source: The Straits Times Date: 26th January 2011 Summary of Facts: An American multi-millionaire‚ Ms Bass‚ lost her 6.41 carat diamond ring in Shangri-La Hotel during her visit to Singapore. She claimed that she always had the ring with her and it is barely impossible to lose it. Thus‚ she filed a civil lawsuit against the hotel and sought for compensation. According to
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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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Table of Contents QUESTION 1 2 1.1 Role of communication 2 1.2 Positive educator-learner relationships 2 1.3 Learner participation in a multicultural classroom 2 QUESTION 2 3 2.1 Improve learner motivation in classroom 3 2.2 Draw up the following of a positive classroom policy: 3 2.2.1 Aims and objectives of our class 3 2.2.2 Rules of our classroom 3 2.2.2 Task division 3 2.3 Define the following concepts: 3 2.3.1 Leadership 3 2.3.2 Control 3 2.3.3 Intrinsic motivation 3 2.3.4 Communication 4 2.3
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BAILMENT DEFINITION: Voluntary assumption of possession of goods by one person (bailee) from another (bailor) for a definite or indefinite period‚ with an obligation to redeliver. Hobbs v Petersham Transport Co Pty Ltd (1971) 124 CLR 220‚ per Windeyer J at 238: 3 A bailment comes into existence 4 upon a delivery of goods of one person‚ the bailor‚ 5 into the possession of another person‚ the bailee‚ 6 upon a promise‚ express or implied‚ that 7 they will be redelivered
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Applying the principles of Trespass Law‚ is there or could there be an actionable trespass in the Jolly v James case and what would the likely remedy be? A full understanding of the meaning of trespass needs to be established‚ before determining whether there is an actionable trespass in the case of Jolly v James (“the Case”). In this essay‚ there will be an exploration into the different types of trespass‚ including trespass to the surface and subsurface of land as well as trespass to the
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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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