Remoteness of damage / Foreseeability of damages Remoteness of damage relates to the requirement that the damage must be of a foreseeable type. In negligence claims‚ once the claimant has established that the defendant owes them a duty of care and is in breach of that duty which has caused damage‚ they must also demonstrate that the damage was not too remote. Remoteness of damage must also be applied to claims under the Occupiers Liability Acts and also to nuisance claims. Remoteness of damage is often
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Dwelling With Them 6 The apostle Peter also had counsel for married couples‚ and his words to husbands were especially pointed. He said: “Continue dwelling in like manner with [your wives] according to knowledge‚ assigning them honor as to aweaker vessel‚ the feminine one‚ since you are also heirs with them of the undeserved favor of life‚ in order for your prayers not to be hindered.” (1 Peter 3:7) The seriousness of Peter’s counsel is seen in the final words of that verse. If a husband fails to
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Civil Liability Civil Liability can be a problem for almost everyone in ever day life. Civil Liability impacts police officer ever day in their lives and at work. It can be defined as a citizen’s responsibility to each other and provided law suits to recover damages for injured caused by failing to carry out these responsibilities. It also very well can impact more than only police officers but anyone put in the situation to deal with the rights of people. Police Officers must always be aware
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Liability of Negligence When a person is said to be liable for an action under the law‚ it means that they are responsible in some way for the outcome that results either in the law of a nation to be violated which comes under criminal liability‚ or in an injury to other individuals that is considered to be a civil liability. The main requirement for a liability happens to be intent1‚ which says that‚ an individual is not responsible for something that they did not mean to do. However‚ the Law of
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former to incur the liabilty. The object of this assignment is to explain the principle of vicarious liability and show which instances it applies to. Reference will be made to decided cases and statutes. 2. Employer- Employee Relationship The employer- employee relationship is one of the most common occurrences of cases of vicarious liability. The most accepted reason for conferring liability to the employer is that by assigning a task to the employee‚ the employer creates a risk of harm and
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EXTERNSHIP REPORT REPORT TITLE: RESTATEMENT OF THE DOCTRINE OF EXCLUSION CLAUSES IN CONTRACTS NO. OF WORDS: 5‚030 WORDS Table of Contents INTRODUCTION 3 ELEMENTS OF A CONTRACT 4 Offer 4 Acceptance 4 Intention to Legally Bind 4 Consideration 4 TERMS OF A CONTRACT 5 Collateral Contracts 6 Conditions or Warranties 6 EXCLUSION/EXEMPTION CLAUSES 7 Exclusive Remedies Clauses 9 JURISPRUDENCE ON EXCLUSION CLAUSE 10 Privity of Contract 14 RELEVANCE OF THE TOPIC TO THE EXTERNSHIP
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Introduction What is “Exclusion Clause”? There are various definitions of exclusion clause. Exclusion clause is a term or clause which can be incorporated into a contract. It is a term in a contract that seeks to restrict the rights of the parties to the contract. 1 The terms of the contract are important that they define both the content and scope of the parties’ mutual obligations.2 Classically‚ terms of the contract have been divided into either conditions or warranties. The development of the
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Exclusion Clauses Essays Business Law Word Count: 1950 Exclusion Clauses Essay Exemption clauses are an agreement in a contract which helps the party to have limited or to exclude liability. It can be used unfairly which makes it a disadvantage to other partys which is why there are laws in place to limit the use of clauses and to make it fair. Mr. Torres has been using Greased Lightening for five years this time he placed a different order and at the same time the contract arrived late as well
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ISSUE: Did Terry commit the tort of negligent misstatement while giving advice to Kevin? RULES: The following elements must be analysed: 1. There is a special relationship between Terry and Kevin where a duty of care is owed by Terry to Kevin (Hedley Byrne v Heller ): a. Terry advised Kevin; b. The advice is of a business or serious nature; c. Terry should know that Kevin intends to rely on his advice; d. It is reasonable in the circumstances for Kevin to rely on Terry’s advice; 2. Terry breached
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (NO.) 22337 OF 2008 IN THE MATTER OF: BAR COUNCIL OF INDIA … PETITIONER … RESPONDENTS VERSUS BONNIE FOI LAW COLLEGE & ORS. ____________________________________________________ FINAL REPORT OF THE 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION ____________________________________________________ Pursuant to orders of the Supreme Court dated June 29‚ 2009 and October 6‚ 2009 and as approved
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