i. ii. What kind of liability are the clauses trying to exclude. Definition of Exclusion Clause An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. One can almost expect that in every standard contract‚ exclusion clauses are intentionally included to exempt the party who drew up the standard contract from certain liabilities. The clauses trying to exclude that the coupon is valid for 14 days from 1st February until 14th February
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2.1 (a) In the decision of District Court of New South Wales‚ Appellant (Ms Derrick) owed the Respondent (Rosannie Cheung) a duty of care‚ as she was driving at such a speed that it was beyond her ability to stop the car in time and notice that a child which suddenly darted from one of the parked cars. In addition‚ nearby shops and houses combined with the date‚ Saturday morning shortly before Christmas‚ should have alerted Ms Derrick that small children might be playing around‚ so she needed to
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Topics in Criminal Law May 25‚ 2010 Abstract Strict liability crimes require no culpable mental state and present a significant exception to the principle that all crimes require a conjunction of action and mens rea. Strict liability offenses make it a crime simply to do something‚ even if the offender has no intention of violating the law or causing the resulting harm. Strict liability is based philosophically on the presumption that causing harm is in itself blameworthy regardless of the
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EXEMPTION CLAUSES • An exemption clause is defined as: ‘a clause in a contract or a term in a notice which appears to exclude or restrict a liability or a legal duty which would otherwise arise’ (per Yates in 1982). Thus‚ an exemption clause in a contract is one that attempts to exclude or limit one party’s liability towards the other. • ‘Exemption clauses are an important feature of modern contracts…’ (per Downes) • An exemption clause can be of two kinds: A limitation clause: where
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Office of the Ombudsman v. Uldarico P. Andutan (G.R. No. 164679‚ 27 July 2011) The Ombudsman argued – in both the present petition and in the petition it filed with the CA – that Andutan’s retirement from office does not render moot any administrative case‚ as long as he is charged with an offense he committed while in office. It is irrelevant‚ according to the Ombudsman‚ that Andutan had already resigned prior to the filing of the administrative case since the operative fact that determines its
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Principles of Liability – Coursework Assessment Two For a contractual agreement to withstand‚ it is crucial that the contract contains the four main components‚ which are; offer‚ acceptance‚ consideration and the intention to create legal relations. A contract is seen as a legally binding agreement between two parties‚ so It is very important for the court to establish a ‘consensus ad idem’; the meeting of minds in order to judge whether a contract exists. Britney’s first meeting with
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Christmas‚ few people stop to think how it originated. Started as a pagan holiday during the time of Romans‚ it developed in to a Christian celebration dedicated for Christ. People in different age groups‚ both kids and adults‚ enjoy the season of Christmas. Christmas has been very big and an inspiring holiday for many families around the world for many centuries. Packed with busy shoppers‚ jingle bells‚ colorful lights and Santa Claus‚ Christmas is thought by many people to be "the most wonderful
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is a very profitable business. Since people die every single day‚ the need for funeral home services never diminishes nor does a poor economy affect this type of business. At the time of a loved one’s death‚ the family member‚ due to feelings of loss‚ sorrow and guilt‚ is extremely vulnerable emotionally‚ and most of the time will not shop around from one funeral home to another for the best price. After my reading chapter 9 of the textbook‚ I came to realize that the funeral home business is
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L’Oreal : Strategies for the Indian Market Session 4: Preparation Questions 1. Evaluate L’Oreal’s entry strategy in the Indian market with respect to the product‚ promotion‚ pricing and place decisions? 2. What have been the changes in the marketing strategy of L’Oreal in the last 8 years? Evaluate them with respect to selection of product / market and each element of the marketing mix? 3. What factors helped the rapid adoption of Excellence colorants among its target customers?
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Strict Liability “The law presumes that mens rea is always required in criminal offences‚ unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute‚ Parliament will usually indicate the kind of mens rea required
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