1. Is the statement defamatory? TEST: Is it a statement which tends to lower the claimant in the estimation of right thinking member of society’ (Slim v Stretch) Where the claimant is ‘shunned or avoided’ (Youssoupoff v MGM Pictures) as a result of the statement. ‘Ordinary and reasonable person’ - fair-minded‚ neither unduly suspicious nor unduly naïve‚ nor avid for scandal‚ nor bound to select one defamatory meaning when non-defamatory meanings are available Lewis v Daily Telegraph Who decides
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M3 If customers saw the police coming into Nando’s then they would question why that they are there. Also‚ if the police became a regular presence then this would put customers off going to Nando’s and therefore Nando’s would start to lose custom and profit. If the presence of food standards officers was known inside Nando’s then customers would be careful with the food that they are eating. They could start asking the staff questions about the food and what the problem is. This would cause panic
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14) What torts‚ if any‚ have been committed in the following situation: a) Just as Alice is sitting down on a chair‚ Nathan creeps up from behind and whips the chair from under her. Alice falls to the ground and fractures her arm. TRESPASS TO PERSON BATTERY DEFINITION: The intentional and direct application of force to another person without that person’s consent. ELEMENTS OF BATTERY: iii) Physical contact iii) Physical contact ii) The Defendant’s act was under his control ii) The Defendant’s
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In Mary Shelley’s Frankenstein the Creature is born peaceful‚ but because of society and Victor he becomes violent. It was the duty of Victor to protect‚ love‚ and nurture the Creature after he brought it to life just as those would be a parent’s duty to their children. Society shuns the Creature in every situation because of his external appearance which shapes the perceptions of the creature. Victor’s first reaction to the Creature is to abandon it‚ and like children that are abandoned‚ this
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We choose the lien holder’s caveat as the most suitable caveat to be lodged by the bank as lender is because of it is lodged by a person with whom the document of title has been deposit as security for a loan. The continuance of the lien-holder caveat will not be possible if the lien ceases to exist‚ e.g. caveator ceases to have the custody of the title. A lien-holder caveat may be withdrawn by the caveator or cancelled by the Registrar when all sums are paid or by court’s action if its entry or
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Andres Lao vs. CA‚ the Associated Anglo-Amedican Tabacco Corp. and Esteban Co. February 17‚ 2000 Corporate Officers not personally liable for Authorized Corporate Acts Facts: In 1965 a Contract of Sales Agent was entered by the Association of Anglo-American Tobacco Corporation with Andres Lao. Lao was to sell cigarettes manufactured and shipped by the Corporation to his address in Tacloban‚ and he would remit the sales proceeds. Lao would receive commission for those sold‚ with a monthly
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What problems do you think Dr. Patel might see with the fact that you have taken the property under a quitclaim deed? A quitclaim deed gives no covenant of title. A quitclaim deed says: “I am conveying to you any interest I have in this property. I don’t know what other interests there may be.” This means that you may be taking on burdens of the past‚ such as a mortgage‚ attachment‚ judgment lien‚ or any other interest in real property un-knowingly. Therefore‚ if I default on the loan taken from
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http://www.lawteacher.net/jurisprudence/essays/trespass-to-person.php#ixzz2Zf4KlLwK Wilson V Pringle [1986] 2 All ER 440 The plaintiff and the defendant were two schoolboys involved in an incident in a school corridor as the result of which the plaintiff fell and suffered injuries. The plaintiff issued a writ claiming damages and alleging that the defendant had committed a trespass to the person of the plaintiff. In his defence the defendant admitted that he had indulged in horseplay with the plaintiff
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TO: PROF. WONG/ BUS 18 FROM: JOANNA MELGAR ALVAREZ DATE: APRIL 23‚ 2014 RE: Sample FIRAC Case Analysis 1 Case Analysis 1 Facts: Bob is a business law student; Bob insults his professor Marvin; Marvin pulls out his 38-revolver and fires a shot at Bob; The shot misses Bob; It strikes another student named Cathy; Cathy did not see the shot coming and she never knew that it was the shot that hit her; Bob and Cathy sues Marvin; Marvin gets sued for assault and battery. Issue: The
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POWELL v ALABAMA United States Supreme Court 287 U.S. 45 (1932) FACTS: Nine young black boys riding in an open train car were involved in a fight. When the fight ceased‚ two white women claimed the black boys raped them. Once the boys got off the train in Scottsboro‚ Alabama‚ police picked them up and placed them in jail. The men appeared in court‚ frightened‚ and unrepresented. The defendants were charged with a capital offence and therefore had the right for counsel to be appointed to them
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