parties were married out of community of property‚ resulting in his application for an eviction order. The Court in casu had to determine what the marriage domicile of the parties was and whether such was applicable to the immoveable property. In an obiter dictum‚ the Court also considered whether the application of the husband’s domicile is still acceptable in a gender equal society in determining the Lex Domicilii Matrimonii. The parties had common domicile in Nigeria‚ therefore‚ no inequality existed
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What is negligence? Negligence is a legal concept in the common law legal systems mostly applied in tort cases to achieve monetary compensation for physical and mental injuries. Negligence is a type of tort. "Negligence" is not the same as "carelessness"‚ because someone might be exercising as much care as they are capable of‚ yet still fall below the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls
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Griffith College Cork Faculty of Business Course: HCB 2/ BABO 2/ BAMO 2 Subject: Legal Aspects of Business Student No.: 2826955 by A.J Shittu 18th April 2013 Table of Contents Introduction Issue Law Application Conclusion Introduction In the brief outlined in the assignment format‚ Stephen paid for a big burger meal for himself and for his girlfriend Sarah at the Mcdonoghue’s bar/restaurant
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before a case called Donoghue v Stevenson [1932]. In this case‚ it illustrates an important principle called "Neighbour Principle"‚ greatly affecting the clarification of duty of care as well as the negligence law. Mrs Donoghue was given a ginger beer by her friend‚ who bought it from Mr Stevenson’s shop located in Scotland. A snail was found in the beer and eventually Donoghue suffered from illness. However‚ there was no contract relationship between Donoghue and Stevenson. Thus‚ the court interpreted
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1. Historical background The Mauritian legal system is a unique hybrid system with French Substantive law (for Offences) English Law (Procedure Evidence Language) English judges with English law background will be interpreting our laws which invariably include French laws. Thus‚ in 1837 it was decided that lawyers were to be trained in England. In 1841 all laws in Mauritius were originally published in English and the Court was to make reference to the English version only. The hybrid nature of our
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before the law says a duty of care exists‚ which are foreseeability and proximity. Firstly‚ in discussing the incidence of a duty of care‚ a historical case that defines the ‘neighbour principle’ must be taken into account – the case of Donoghue v. Stevenson[1]. The decision of this case developed a principle which has become known as the ‘neighbor principle’ by Lord Atkin that the neighbor means the closely and directly person by another’s act. (FoBL‚ 2005‚ p68) Secondly‚ it must be foreseeable
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by a judge constructing a statement ratio decidendi (Latin: the reason for deciding). These are the principals of law on which the judge influences a decision and his motives for doing so. Only ratio is binding on lower courts as opposed to obiter dictum (Latin: a remark in passing). This is a statement made by a judge when making a ruling but was not vital to the verdict in the case. This can only be mentioned as influential argument in forthcoming cases. How do judges avoid Judicial Precedent
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Chapter 1: The South African Legal System Law: Is a body of rules governing human conduct that is recognized as binding (must be obeyed‚ because it is accepted in Law) by the State and the courts‚ and if necessary‚ is enforced. The historical sources of South African law are: * Roman law * Roman-Dutch law * English law Roman law: Rome was a small state with most of its population living on farms. Its economy was based mainly on agriculture. The oldest male ascendant in a family was
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the application of this maxim‚ judicial precedent ensures inferior courts are bound to apply the legal principles which were set down in the decisions made by superior courts. The decision of a judge may fall into two parts‚ ratio decidendi and obiter dictum. The ratio decidendi is the reason for the decision and it is the principle of law on which a particular decision is made. When a judge has come to a decision he outlines the facts which he finds has been proved on evidence‚ he then applies the
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Students: Team Homework No.1: 1. Write a case summary of Donoghue v. Stevenson [1932] A.C. 562 (House of Lords). The summary must not exceed 500 words. 2. Write a case summary of Jackson v. Drake University‚ 778 F. Supp. 1490 (S.D. Iowa 1991). The summary must not exceed 500 words. 3. Explain the basic rules of vertical and horizontal stare decisis. Team Homework No.2: 1. Present two judgements from the same case - Donoghue v. Stevenson [1932] A.C. 562 (House of Lords) - one majority and one dissenting
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