Assignment On Common Law Submitted To: Dr. Simon Palmquist Word Count: 1‚919 Table of Contents Question 1................................................................................................................ 02 Question 2................................................................................................................ 04 Question 3...............................................................................................................
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wrongs which give rise to civil liability - Almost entirely based on case law Tort of Negligence - The “neighbour principle” o “The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour” Lord Atkin‚ Donoghue v Stevenson Who is neighbour? Persons who are so closely and directly affected by action that one ought reasonably to have them in contemplation when thinking about such an action - 3 Elements to Tort of Negligence o DUTY OF CARE: Spandeck Engineering
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2007GIR LEGAL ISSUES FOR MANAGERS (LIM) MODULE 1 Study and Tutorial Guide TUTOR COPY Tutorial Questions for Tutorials 1 & 2 (January 8th and 10th January) Based on Module 1 (Lectures 1 & 2) Summer Semester‚ 2014 At your first tutorial‚ please note the following details of your tutor. This person will be your first point of contact for this subject. Tutor Details Student to complete Your tutor’s name: Your tutor’s contact details: Your tutorial room and time:
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3RD PARTY) Law/App: The tort of negligent misstatement was effectively established since the case of (Hedley Byrne v Heller). Law stipulates that there must be a special relationship (an extension of “neighbour principle” established in Donoghue v Stevenson) for between P and D for a DOC to rise in the tort of negligent misstatement: (L Shaddock v Parramatta City Council): * The subject matter was/was not serious because… * (Constructive knowledge) The P does / doesn’t know that he/she
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meanings of the term common law 2. The concept of equity. 3. The doctrine of precedent; the concept of stare decisis a. binding precedent b. persuasive precedent c. ratio decidendi d. obiter dictum 4. The rules of precedent 5. What is necessary to make precedent work? e. law reports f. a hierarchy of courts 6. Things to look for when studying a case g. the material
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reference to the source‚ describe 3 sources of the UK constitution. Common Law: It includes legal principles that have been developed and applied by UK courts‚ also it is legal precedent made by judges concerning‚ for example‚ the 1931 Donoghue v. Stevenson case had important consequences for the definition of the law of negligence. Conventions: Established norms of political behaviour rooted in past experience rather than the law. For example‚ the Salisbury Convention states that the House
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1991 (n R v R) was rape in marriage accepted as a crime. 4. Restricts the development of the law. It leads to distinguishing and hair splitting decisions which rules the law unnecessarily. 5. It is difficult to distinguish between ratio and obiter e.g. Donoghue v Stephenson. 6. Too much distinguishing or use of Practice Statement damages certainty. What does a court have to do if it has to decide on a
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Accordingly‚ it was possible to explain the action of a plant or an animal on the human body for its elementary constitution but‚ mostly‚ because it had been already explained through an obiter dictum from Aristotle‚ Dioscorides‚ or some ancient authority. In this sense‚ the discovery of the New World presented a considerable problem for the fifteenth and sixteenth-century Galenic physicians. As Henry explains: ‘the tendency of explorers was
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A report on negligence Tittle page Prepared for: Mr. John Andre Lecturer of Aspects of Contract and Negligence for Business Banking Academy‚ Hanoi Prepared by: Nguyen Thanh Ha (Moon) Registration No.: F05 – 051 Class: F05-B Submission Date: 26 December 2013 Table of Contents Introduction 3 Task 1 (Outcome 3.1) 3 Contrast liability in tort with contractual liability using the situations in the scenario 3 Task 2 (Outcome 3.2 & 4.1) 4 Explain the nature of liability in negligence and apply
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Has The Neighbourhood Principle failed? “My neighbour asked me if he could use my lawnmower and I told him of course he could‚ so long as he didn’t take it out of my garden.”1 This is the concept which most people tend to associate the word ‘neighbour’ with. However‚ in the court room‚ the word makes a decisive shift away from this traditional meaning and endeavours to establish to whom a common law duty of care is owed. The law has expanded considerably by the onset of the concept of foreseeable
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