Outline the duty of care owned by an occupier to visitors defined in the Occupier’s Liability Act 1995 Under the traditional common law system entrants upon a premises were divided into the following four categories: Contractual invitees Invitees Licensees Trespassers Under the Occupier’s Liability Act 1995 three new categories were created; visitors‚ recreational users‚ trespassers. A visitor according to the act was: An entrant of right An entrant other than
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Marriage Contract: Fact Sheet By: Dwaine Nichol and Andrew Cortellessa Marriage Contract When entering into a marriage‚ the bride and groom may wish to sign an agreement detailing how assets will be divided if the marriage breaks down. Marriage contracts‚ often referred to as pre-nuptial agreements‚ can be drafted and signed before the marriage or during the course of a marriage. Depending on the jurisdiction‚ formal requirements may need to be met (i.e. agreement in writing‚ signatures‚ witnesses)
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A stranger to a contract can’t sue…!!!! Submitted by:- Ankit Bhardwaj 091004 M.B.A. III sem. The basic answer to this question is ‘NO’‚ as the following literature supports and explains this fact effectively. A contract is an agreement between two or more parties that creates an obligation to do or not to do something. The parties
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Constitutional Law - The term constitution comes from the Latin word constitutio‚ used for regulations and orders. Constitutional law is also referred to as “supreme law or “highest law of the land”. This is because it is the foundation of a state wherein it comprises primary law and fundamental principles which defines the relationship of the three important branches within a state‚ namely‚ the executive‚ the legislature and the judiciary. This law also illustrates the scope and limitations of the
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Discuss | Print | | | | Works Contract Composition Scheme - Restriction on input credit for certain input services MARCH 01‚ 2011By Santosh HatwarWORKS Contract (Composition Scheme for Payment of Service Tax Rules‚ 2007 provides that a service provider engaged in provision of ‘works contract service’ has an option to pay an amount of 4% of the gross amount charged for the works contract.For this purpose the ‘gross amount charged for the works contract’ means an amount which includes the value
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“The parties to an executory contract are often faced‚ in the course of carrying it out‚ with a turn of events which they did not at all anticipate – a wholly abnormal rise or fall in prices‚ a sudden depreciation of currency‚ an unexpected obstacle to the execution‚ or the like. Yet this does not in itself affect the bargain which they have made…” (per Lord Simon in British Movietonews Ltd. v. London and District Cinemas [1952] A.C. 166 at 185). Discuss this dictum and explain the respects in
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What is it and how can it help me? Pre-operative assessment (POA) and planning‚ carried out prior to treatment‚ ensures that the patient is fully informed about the procedure and the post operative recovery‚ is in optimum health and has made arrangements for admission‚ discharge and post operative care at home. POA and planning is an essential part of the planned care pathway which enhances the quality of care in a number of ways. * If a patient is fully informed‚ they will be less stressed
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Exceptions Children: When it comes to occupier’s liability there are some exceptions. The law on children says ‘ an occupier must be prepared for children to be less careful than adults’. For instance in the Pearson V Coleman Bros (1948) a 7 year old girl went to the circus with her family. She wandered of to go to the toilets instead she ended up in the animal enclosure and was attacked by a lion. We could argue the law of occupiers liability doesn’t cover the the child as went into a private
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unlawful means to induce BOAC to terminate his contract. The strike was alleged to be the unlawful means. -The case was almost immediately reversed Miliangos V George Frank Textiles George Frank Ltd was a Swiss textile producer who sold and delivered textiles to Miliangos‚ textile trade located in England. Miliangos refused to pay for the textiles. George Frank sued Miliangos in England for the amount of the debt in the currency of the contract which was Swiss francs. -Overruling a decision
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Part A Contracts are an integral part of business and everyday life‚ and are fundamental to construction as the industry relies on the formation of contracts for business agreements. “Contracts are based on the idea of a bargain‚ where each side must put something into the bargain. A contract may be defined as ’an agreement which is binding on the parties’” (Galbraith‚ 1998‚ pg78). There are a number of key components which must be present in the formation of such contracts. Firstly‚ there
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