ISSUE: Are the park homes at Bumpinyallup Caravan Park classified as Fixtures or Fittings? RULES: Fixtures are referred to by statue law as real property which is regulated by State and Territory Legislation. “Fixtures are something that has been or is or intended to be permanently attached to land to enhance the land in some way.” Nikolas James‚ Business Law‚ 2012 (1st) Edition (p. 444). Fittings are objects attached to land or buildings that are not Fixtures. The Case Law relevant to fixtures
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Negligence Disguised As Ignorance ‘A child suffering the consequences for a crime he/she willfully committed? Oh no!’ This is what I hear whenever someone speaks against trying children as adults for the extremely terrible crimes they commit. It is illogical and immoral to allow young murderers to have an advantage over the justice system simply because of their age. If a child can learn right from wrong and take freedom into their own hands by willfully committing heinous crimes‚ then
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Intro to Legal Environment Beachum v. White The West Virginia Record Background Facts: Leetta Beachum is the mother of Shana Cowley. Shana Cowley died from internal injuries on September 14‚ 2009. Injuries were sustained from leaping out of a moving vehicle. Timothy White was the boyfriend of Shana Cowley and the driver at the time when Cowley jumped from the moving vehicle. An altercation broke out between White and Cowley earlier that day‚ it continued when White picked up Cowley and
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Suggested answer – negligence model case study In the tort of negligence the plaintiff must prove that the defendant owed them a duty of care‚ breached that duty and that damages were suffered as a result of a breach of that duty. For Brooke to make a successful claim against the Yarra Valley City Council she must establish that a duty of care existed. Here the test of reasonable foreseeability must be applied. The question to be asked is whether a reasonable person would foresee that damage
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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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Contract and Negligence for Business The aim of this brief article is to set out some key aspects of contract and the tort of negligence using the following headings: • The relationship between the parties • The nature of the obligation • Causation and remoteness of damage • The measure of damages. Using the same headings should remind you of the key aspects of each of the two areas in such a way that you are less likely to confuse them. (The words ‘contract’ and ‘negligence’ are deliberately
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Negligence Case Template ! ! To succeed in an action in Negligence: a) a duty of care is owed‚ ! b) that the duty of care has been breached and ! c) that the breach caused damage which is not too remote from the breach! Requirement 1:! Duty of care Wether the defendant owed the plaintiff a duty of care is a question of law. The onus is on the plaintiff to establish the existence of the duty of care. ! ! - ! ! Motorists owe a duty of care to other road user “Imbree
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d. Elements of Negligence The four elements of negligence must be present in order for a plaintiff to recover damages cause by negligence. These are duty to care‚ breach of duty‚ injury‚ and causation. In duty of care‚ there must be an obligation to conform to recognized standard. In breach of duty‚ there must be a deviation from the recognized standard of care and there must be a failure to adhere to an obligation. In injury‚ there must be actual damages. And lastly‚ in causation‚ the departure
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This problem concerns clinical negligence by omission for failing to diagnose Jane for meningitis and encephalitis. For the hospital to be held vicariously liable for the actions of its doctors‚ Jane must prove misdiagnosis was carried out negligently and directly caused the injury. Lord Bingham said‚ ‘For the purposes of analysis‚ and for the purpose of pleading‚ proving and resolving the claim‚ lawyers find it convenient to break the claim into its constituent elements: the duty‚ the breach‚ the
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MEMORANDUM SUBJECT: Andrew‚ personal injury‚ mental injury‚ accident compensation‚ common law action FACTS: A is a cleaner employed by the University of Ewewhon. He nicks a finger on a broken test tube on the floor of a laboratory. A small spot of blood forms. He is assured the test tube was clean. A becomes extremely fearful that the glass might have been contaminated and that he might contract a serious illness. 1.0 ISSUE: Application of the Accident Compensation Act 2001 Assuming A is
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