all types harm suffered by a plaintiff‚ including those that were not foreseeable. This is known as the ‘Egg-shell skull’ rules. In Donoghue v Stevenson [1932] UKHL 100. In which the Donoghue drank ginger beer and found snail in the bottle and caused her stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. So‚ Stevenson is liable for her physical injury. In the case‚ Bob was driving without a care because he was changing a CD in his car. So‚ there
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Question 1 There are four main sources of law in England and Wales are legislation‚ judge-made law and European Union (EU) law and human rights law. This essay will look at the difference sources of English law (as highlighted above) and explain the relative importance of each source with particular reference to case law‚ and conclude whether the view articulated by your friend is correct. The most important source of English Law is Legislation; it is implemented by the queen in Parliament I.e.
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DOCTRINES OF CONSIDERATION AND SUFFICIENCY INTRODUCTION This essay critically explores the doctrines of consideration and sufficiency within the context of contract law‚ with references to the matter of Thomas v Thomas from 1842. In assigning significance to these matters‚ it is noted that Sir John Patteson‚ a judge in 1830 who was appointed to the Court of King’s Bench‚ (later the Privy Council) was knighted shortly after making the landmark decision regarding the doctrine of consideration
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Bibliography: Donoghue v Stevenson [1932] AC 562 Newburn‚ T.‚ (2007) “Criminology”‚ Willan: Devon. Young‚ j.‚ (1995) “Thinking seriously about crime: Some models of criminology” Ed M. Fitzgerald‚ Crime & Society: Readings in History & Theory‚ Routlege: London. Morrison‚ W.‚
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Ethical Aspects of Marketing Developing a Business Plan August 4‚ 2009 Ethical Aspects of Marketing Executive Summary This report outlines the social‚ ethical and legal aspects of marketing. Environmentally Responsible Products Consumers have become more aware of the impact of both production and consumption on the wider environment in recent years. This is acutely apparent in the way products are now packaged. During recent years many companies have assisted in doing their part for the environment
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Question 1 A Sydney tramway passenger was injured in a collision with another tram‚ which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as `dead man’s handle’‚ a system in use on Sydney’s trains. According to my findings‚ Dead Man’s Handle refers to an old train device: the dead man’s handle. It was typically some form of switch that the driver would keep
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Case name Case facts What it links to Rookes V Barnard Rookes sued the union officials‚ including Mr Barnard‚ the branch chairman. Rookes said that he was the victim of a tortious intimidation that had used unlawful means to induce BOAC to terminate his contract. The strike was alleged to be the unlawful means. -The case was almost immediately reversed Miliangos V George Frank Textiles George Frank Ltd was a Swiss textile producer who sold and delivered textiles to Miliangos‚ textile
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ASSIGNMENT QUESTION 2 Explain the origin and the concept of ‘Neighbour Principle’. Illustrate with decided cases the application of this principle. Above all‚ I want to explain the ‘Neighbour Principle’’. Lord Atkin stated his famous neighbour Principle as was that ’You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour `.This is sometimes known as the neighbour principle. By `neighbour`‚ Lord Atkin did not
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The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case
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neighbor. Neighbors are persons who are so closely and directly affected by ma act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question: Donoghue v Stevenson. Thus‚ the damages occurred must be reasonably foreseeable. In this case‚ MHRC and James are neighbors since they are service provider and customer. Service providers including professional service providers generally owe a duty to take reasonable
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