Economic Loss Economic loss suffered by the C will be regarded as pure if they do not flow from any personal injury to the C nor form any physical damage to their property. The boundaries between pure economic loss and loss which is consequential upon physical damage to the C’s property were investigated by the CoA in Spartan Steel v Martin (1973) QB 27 Like psychiatric injury‚ pure economic loss is often described as a problematic form of damage. Although floodgates arguments are sometimes encountered
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1. The South African Legal System Law is a social science. South African Law is not codified: recorded in one comprehensive piece of legislation. Origin: Indigenous legal systems applied at the southernmost tip of Africa before 1652. Jan van Riebeeck arrives in Cape Town in 1652 and the adoption of Roman-Dutch law as a legal system to the Cape. 1.1 A SHORT HISTORY OF THE LAW Unlike most European continental legal systems‚ SA law is not codified: It is drawn from various authoritative sources Such
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Term Paper Rent-a-Car Contract ADM 3360A Andrew Sarofeim 4856542 December 7‚ 2010 Introduction With the ability to fly anywhere around the world at a relatively affordable price‚ many Canadians are finding themselves taking trips to visit family‚ friends‚ or complete strangers more often than ever before. However‚ the ability to travel in a given destination of choice will require the ability to drive a car. This has created a large
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Contract: a legally enforceable agreement General Rule (GR) for an agreement to be legally enforceable‚ following requirements must be satisfied: 1. There is an agreement between the parties (2 or more persons) 2. The parties intended to create legal relations 3. Each party has provided consideration‚ that is‚ paid a price or made a promise GR for an agreement to be formed: 1. One person (the offeror) has made an offer 2. Another person (the offeree) has accepted the offer 3. The offeree
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to be negligent or inefficient or untrustworthy; that‚ because he has created this risk for his own ends he is under a duty to ensure that no one is injured by the servant’s improper conduct or negligence in carrying on his work and that the mere giving by him of directions or orders to his servant is not a sufficient performance of that duty. It follows that if the servant’s acts in doing his master’s work or his activities incidental to it or connected with it are carried out in a negligent or improper
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DRAFT: NOT FOR CITATION WITHOUT THE PERMISSION OF THE AUTHOR. PURE ECONOMIC LOSS: THE PROBLEM OF TIMING Robert Walker Occasionally the English Court of Appeal has cited to it a decision of the Supreme Court (or‚ until recently‚ the House of Lords) which it finds almost completely incomprehensible. It has a tactful way of signalling this. It does so by taking the unusual course of itself granting permission to appeal‚ rather than leaving it to the higher court to decide. The clear message
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April / May – 2012 CLM – 201 : Law of Contract - I SECTION - 1 (1) Each agreement is ? ? (A) Not contract (B) Contract (C) Both (D) No any one (2) Minor can not be done as promissory but he can be done as _________ (A) Promises (B) Guarantor (C) Both (D) No any one (3) There are essential elements for contingent contract (A) Four (B) Seven (C) Five (D) Ten (4) How many type of promises where proposals accepted ? (A) Four (B) Seven (C) Five (D) Ten (5) When
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Contents PART A Ignorant Hairdresser vs. Professional Consultant 4 Know Your Client 5 Appropriate Advice based on Reason 6 Fiduciary Duty and Conflict of Interests 7 Making False Representations as to returns – Misrepresentation 8 Fraudulent Misrepresentation 8 Is Paula able to claim in negligence under tort? 9 Factors determining existence of a special relationship and duty of care: 9 Resulting Remedies? 11 Should Eastpoint be held responsible for the unprofessional
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Business and Consumer Law Final Exam Notes Chapter 5: An Introduction to Contracts Contract Law: A deliberate and complete agreement between two or more competent persons in writing supported by mutual consideration‚ to perform an act. It is enforceable in court. Agreement: composed of an offer to enter into a contract and acceptance of the contract. Complete: the agreement must be certain. Deliberate: both parties must want to enter into a contractual relationship. Voluntary: The agreement must
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Introduction: According to figures from the US Coalition Against Insurance Fraud‚ the cost of claims fraud in the US alone in 1995 amounted to US$ 85.3 billion‚ which equates to a cost of US$ 326.47 for each American citizen. Research by the Rand Institute for Civil Justice in the US revealed that over one third of people injured in vehicle accidents exaggerated their symptoms‚ which adds US$ 13-16 billion to the annual US insurance bill. Figures from the pan-European trade association‚ the Comité
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