NOTES OF CASES THECASEOF THE SLIPPERY EQUITY IN Re Vandervell’s Trusts (No. 2)‚’ Lord Denning M.R. said: “ (‘ Hard cases make bad law ’) is a maxim which is quite misleading. It should be deleted from our vocabulary. It comes to this: ‘Unjust decisions make good law’: whereas they do nothing of the kind. Every unjust decision is a reproach to the law or to the judge who administers it.”a Now that it has been decided that there is to be no appeal from the decision of the Court of Appeal‚ it is worth
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Tort Case Study In Ms. Gadner’s case‚ numerous negligent actions were performed by numerous healthcare professionals. Unfortunately‚ this negligence cost the plaintiff her life from a preventable and treatable diagnosis. Below‚ detailed discussion of the case will be used to prove negligence by the numerous professionals and healthcare organization. Ms. Gadner’s Case Potential Defendants First‚ the defendant that would be presumed the most liable for this heinous act would be Bay Hospital.
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Law 494 Part 1 Shlensky v. Wrigley Facts: William Shlensky (plaintiff/appellant)‚ minority stock holder for the Chicago Cubs baseball team sued the team directors who deferred the case to Phillip Wrigley (defendant/appellee) stating mismanagement and negligence because of the refusal of the directors in installing lights at Wrigley Field‚ home field for the Chicago Cubs. Procedural History: Plaintiff original case was lost at trial and plaintiff appealed. Issue: The issue
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Importance of audio – visual aids in teaching methodology. Introduction: The audio visual aids educational learning resources or instructional or educational Medias. These all the terms meant the same thing. History of Audio - Visual Aids : A Dutch Humanist theologist & writer desretrious Erasmus (1466-1536) disclosed memorization as a technique of learning and advocated that the children
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ALLOCATION OF UNIFORM MARKS IN GCSE (APPLICABLE FROM JUNE 2010) What is a UMS? The Uniform Mark Scale (UMS) is used in unitised specifications as a device for reporting‚ recording and aggregating candidates’ unit test performances. Why do we need the UMS? In a unitised specification candidates may take units at different stages during the course and may retake units before certification. Each exam paper is unique‚ and so the difficulty of exams may vary slightly from year to year. Senior
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Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss. Rule of Law : The essential requirements of intentional torts are the elements of intent‚ injury‚ damages and causation. The concept of ’intention’ does not require that Defendant (D) know that his/her act will cause harm to the Plaintiff (P)‚ but must know with substantial certainty that their act will result in certain outcomes (landing of the plane on the P’s land). To successfully make a claim against
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The way that a defendant has acted in defamation‚ brings up the question of how reasonable the defendant was when breaching the Defamation Act. The Issues in Hockey v Fairfax‚ in terms of reasonableness‚ stemmed from the way that Fairfax acted in the creation of the newspaper article titled “Treasurer for Sale” and the decision of the chosen title as well as the poster and three tweets‚ posted about the newspaper article. Reasonableness in the way that Fairfax acted is a necessary consideration
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Mr King appealed the Full Court of the Supreme Court of South Australia’s decision for him to be liable to pay Ryan Philcox damages for mental harm on two grounds. The first is that he did not owe Ryan Philcox a duty of care and the second that as Ryan Philcox was not present at the scene of the accident when the accident occurred‚ he did not satisfy the condition imposed by s 53(1)(a) of the Civil Liability Act (SA) upon recovery of damages for mental harm by someone other than a parent‚ spouse
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Course: Business Law. (BUS205) Assignment Title: Introduction to Law and Contracts Assignment #: Module One Case Should Yahoo have been forced to turn over Justin Ellsworth’s email to his parents? One in our shoes would venture to say “No”. Yahoo took a very firm stand backing its privacy acts that all account holders are entitled to as email address holders by saying nothing but “No”. I‚ in my opinion will say that Yahoo acted with legal responsibility in backing
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Helen Palsgraf‚ Respondent‚ v The Long Island Railroad Company‚ Appellant. Court of Appeals of New York Argued February 24‚ 1928 Decided May 29‚ 1928 248 NY 339 CITE TITLE AS: Palsgraf v Long Is. R.R. Co. [*340] OPINION OF THE COURT CARDOZO‚ Ch. J. Plaintiff was standing on a platform of defendant ’s railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station‚ bound for another place. Two men ran forward to catch it. One of the men reached the
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