gives him a wrong instructions about how to fix an engine‚ then the instructor of TAFE ought to have foreseen that there is a real risk of the likelihood of injury to John taking account of all the circumstances of the particular case‚ such as Donoghue v Stevenson case‚ in this case‚ the plaintiff found a snail in the bottle‚ gives the plaintiff mental and physical harm both‚ lord Atkin said the plaintiff has no chance of seeing the snail in the bottle because it was a brown opaque bottle‚ the evidence
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CROWD SAFETY (STADIUMS) Occupiers Liability Act (1957) is the fundamental act of spectator safety at sporting events. This act is that an occupier of a premises owes a common duty of care to their visitors. Occupier is in charge of premises. Visitor is some that is invited or permitted to be at the premises. Disabled visitors covered by the Disability Discrimination Act 1995. Cunningham v Reading FC 1992- stadium crumbling. Lump of concrete thrown by fans‚ hit police man on the head. Was foreseeable
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Duty of care is the legal obligation that reasonable care must be taken to avoid acts with a reasonably foreseeable outcome of injuring another person. The concept of ‘duty of care’ was first recognised in Donoghue v Stevenson [1932] AC 562 where it was established that a duty of care is created via proximity‚ or a relationship between the defendant and the plaintiff. This is known as the ‘neighbour principle’ ‚ which relies on combination of proximity and a reasonably foreseeable risk of harm
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Lecture 14 Tort Re Ipsa Loquitur & Defence to Negligence res ipsa loquitur- the facts speak for themselves It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very
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Law Assignment In this essay I shall discuss the case of the Silverline Construction Ltd (SCL) v Emma. Which is an event‚ which took place on the school premises. The event happened ‘shortly after completion when several roof tile fell and smashed on the ground in front of the victim. This resulted in injuring her face and affected her confidence. The question‚ which is being asked is whether ’Emma have a cause of action in negligence against SCL’. Using common law‚ the claimant is owed duty
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* CHAPTER 1 LAW AND ITS SOURCES Introduction Man is by nature a social being. He comes into contact with other individuals in different capacities. These contacts or associations are the inevitable consequence of modern civilization. In all these associations‚ he is expected to observe a Code of Conduct or a set of rules. The object of these set of rules is to make human associations possible; and ensure that members of the society may live ; and work together in an orderly and peaceful manner
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‚ describe how law is made and examine the purpose behind criminal law and civil law. Goodey and Silver (2012) define law as a set of rules created by the state which forms a framework to ensure a peaceful society. This essay will aim to describe how laws are made using parliament‚ common law and European law. It will also examine the purpose behind criminal law‚ laws created to protect society and to enforce punishment to those that don’t follow them. It will also examine the purpose behind Civil
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Explain how the High Court decision in Perre & Ors v Apand Pty Ltd (1999) differed in principle from the High Court decision in Caltex Oil (Australia) Pty Ltd v The Dredge “Willemstad” (1976). Caltex Oil (Australia) Pty Ltd v The Dredge “Wilemstad” (1976) and Perre & Ors v Apand Pty Ltd (1999) has been important cases in the history of Tort Law. Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to prevent
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1 Task – 1 1.1 Importance of Essential Elements of Contract Contract represents the instrument to enforce promises. Not all statements amount to enforceable promises or contracts. To enforce statements there are a number of elements which courts look for and these mainly include the presence of offer‚ its communication‚ its unconditional acceptance and communication of the acceptance. Once this has taken place then the element of consideration gives the badge of enforceability to the contract and
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1) The sources of legislation that are binding in Scots law are: European Union UK Parliament Scottish Parliament The European Union (EU) is economic and political union which is located in Europe in Brussels. It consists of 785 members representing the 492 million citizens of the 27 Member States of The European Union. Countries which join EU are Austria‚ Bulgaria‚ Belgium‚ Czech Republic‚ Greece‚ Hungary‚ Portugal‚ Cyprus‚ Estonia‚ Luxembourg‚ Denmark‚ Finland‚ Slovakia‚ France‚ Italy
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