R v Blaue Criminal Law 01: Actus Reus Facts The defendant inflicted serious stab wounds on the deceased who‚ knowing she would be likely to die as a result‚ refused a blood transfusion because she was a Jehovah’s Witness and accepting another’s blood was against her religion. The defendant claimed that her refusal to accept the blood transfusion broke the chain of causation between his conduct and her death. Extract There have been two cases in recent years which have some bearing
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1. Rule in Rylands v Flecther * Rylands v Flecther Facts | * P sued D‚ the mill owner‚ for the flooding caused by the escape of water from reservoir on D’s land. * Noted that the escape is caused by the negligence of the independent contractor‚ hired by D. * However‚ R v F is a strict liability and the negligence of the third party does not exonerate D’s liability. | Held | * Court was of the opinion that obligation on the person who lawfully brings on his land something which
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R v Keegstra 3S.CRD.697 (1990) Issue James Keegstra was a high school teacher at Alberta for 12 years. While teaching‚ he informed the students that the Jews had various evil qualities. Keegstra told the students that the Jews “created the Holocaust to gain sympathy”. Keegstra also claimed‚ that Jewish people wanted to destroy Christianity and that the Jews goal was to create war and revolution. As a result of this propaganda act Keegstra was dismissed. However‚ Keegstra brought his case to the
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Appearance vs. reality explores how the more persistent illusion will triumph over what the individual want to be true. While reality is persistent‚ appearance it is less convincing as it based upon the fragile network of an individual’s values‚ expectation and deepest desires. Pleasantville (1998) directed by Gary Ross examines this idea through the protagonist who escapes his troubles and unforgiving reality to Pleasantville; a fake world that reflects his utopic vision and 1950’s American society
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The same issue was again before the court in 1945 in McClintic v. Dunbar Land Co. The case involved six notes that were secured by a vendors’ lien. The notes were payable on a sequential‚ consecutive basis with the first becoming payable on November 26‚ 1920 and the last on November 26‚ 1925. The plaintiffs filed the action for non-payment of the notes in 1943. The defendants contended that W. Va. Code § 55-2-5 barred action on the first three notes because more than 20 years had passed. The
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R v Brown [1994] 1 AC 212 is a case most law students could tell you the facts of even years after graduating‚ so remarkable are they. The House of Lords‚ by a 3–2 majority‚ decided that the consensual infliction of harm on another person for sexual gratification was not an act the law should permit. The judgment has received criticism in some academic circles because‚ it is thought‚ if the facts had been different and involved heterosexual sadomasochistic activity it would have been found lawful
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The legal issues in the SeaWorld of Florida v. Perez case are numerous issues with height requirements from the whales and the trainers. Also‚ the different types of platforms the trainers use for their different types of students and performances. The issue of drywork and waterwork are in question in the case and the question of what is dry work and what is considered wet work on the job. There are some concerns if the distance is wide and high enough for a safe environment away from the whales
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West Indian Reports/Volume 19 /R v Worrell - (1972) 19 WIR 180 (1972) 19 WIR 180 R v Worrell COURT OF APPEAL OF BARBADOS DOUGLAS CJ‚ WARD AND WILLIAMS JJ 29 MARCH 1972 Criminal Law - Standard of proof - Directions to jury - Jury told that before there can be a verdict of guilty‚ the prosecution must make the jury feel sure that the verdict is the right one - Imprecise. Criminal Law - Defence of automatism - Unsworn statement of accused - No foundation for defence. The
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Legal Issue in Business: The Case of Enron [Name of the Writer] [Name of the Institution] Legal Issue in Business: The Case of Enron Introduction Business ethics is based on normative ethics ‚ standards that ethics are upheld and applied specific to distinguish what is right or wrong‚ that is to say what should be done or who should not be fact. However‚ with few exceptions‚ business ethicists are usually less interested in the foundations of ethics (meta-ethics) or by the principles
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1. The decision in Williams v Roffey moved away from the actual technicalities of finding traditional consideration‚ to actually looking at the factual benefit which a promisor may gain. In this sense it was stated that the duty to perform an existing contract could be good consideration so long as some kind of benefit went to the promisor‚ whereas previous to this performance of an existing contract was in fact no consideration‚ (as stated in Stilk v Myrick). This decision developed the doctrine
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