Case Study 1 Question 1 Under the Sale of Goods Act 1979‚ A contract of Sale is a contract where a seller transfers or agrees to transfer goods or a service to a buyer for money‚ in the course of a business. The transfer must be for money‚ barter or exchange are not covered. The Act covers sales and agreements to sell. Question
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health and safety regulations‚ under which claims may also be made. In practice Legal principles governing claims Duty of care The fundamental starting point for most personal injury claims was established in the groundbreaking case of Donoghue v Stevenson (1932). This is the famous ‘snail in the bottle’ case which established that a duty of care is owed to our ‘neighbours’. The case described neighbours as being those who we could ‘reasonably foresee’ could be affected by our ‘acts and omissions’
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Civil wrongs - torts PowerPoint 1 Torts • Civil wrong other than a breach of contract • Causes personal injury‚ property damage or financial loss • Innocent party usually claims damages • Purpose - justice to be achieved by transferring kiss I’m the victim to wrongdoer • Principle - each citizen should take responsibility for consequences of his/her actions Types of civil wrongs (torts)? • Compensation is the chief remedy sought • Nuisance‚ defamation
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! ! ! Liability for Negligence! 1. The Duty! PURE ECONOMIC LOSS ! Neighbour Test (Donoghue v Stevenson): Care must be taken to avoid acts Salient Features Test (Perre v Apand): Neighbour test is not enough in cases of which you can reasonably foresee would be likely to injure your neighbour. Who are pure economic loss to establish a duty of care‚ which caused a need for further persons I ought to reasonably have in contemplation as I take an action/omission. tests to identify
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Synopsis: This essay examines the rule knows as The Rule in Pinnel’s Case and how it impacted upon the doctrine of consideration. It also examines the problems arising from the Rule in Pinnel’s Case‚ the subsequent exceptions that were developed to circumvent the rule and in detail the most important exception of them; Promissory estoppel and how it solved the problem’s arising from the Rule. The distinction between traditional estoppel and this new type of estoppel ’Promissory Estoppel’ are also
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Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals. You should also pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal. This case study will investigate how certain rules or aids in statutory interpretation can affect the decision of an appeal in court due to the different circumstances involved in a case. There will
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THE DUTY OF CARE IN IRISH TORT LAW Author: Anna Louise Hinds‚ B.Corp.Law‚ LL.B (N.U.I.)‚ LL.M (Bruges). Examiner – Legal Framework Formation 1. Introduction The duty of care arises in the tort of negligence‚ a relatively recently emerged tort. Traditionally‚ actions in tort were divided into trespass and trespass on the case‚ or simply ‘case’. Trespass dealt with the situation where the injury was immediate‚ in other words direct and foreseeable. Actions based in case however‚ covered consequential
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(1871) L R 6QB 597‚ [online] Available at: e-lawersoources.co.uk [Accessed: 28/07/2011]. e-lawersoources.co (n.d.) Derry v peek (1889) 5.T.L.R.615‚ [online] Available at: e-lawersoources.co.uk [Accessed: 28/07/2011]. e-lawersoources.co (n.d.) Donoghue v stevenson (1932) AC 562‚ [online] Available at: e-lawersoources.co.uk [Accessed: 28/07/2011]. e-lawersoources.co (n.d.) Car& Universal Credit co. Ltd v Caldwell (1964) 2 W L R 600‚ [online] Available at: e-lawersoources.co.uk [Accessed: 28/07/2011]
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Commercial law Assignment Tarasevich Iuliia DipCom(HTM)-FT-17 CT0198361 Question 1 Issue James wants to sue the Happy Holiday Hotel for the loss of his stuff because of the theft of his belongings by someone of the stuff. Rule of law Under the rules governing exemption clauses‚ an exemption
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Response essay In the story “The Tale of the Shoe”‚ Donoghue discusses both the original story of Cinderella and the many stereotypical aspects it has throughout. Donoghue puts emphasis on how marriage is necessary in order to achieve the “happy ending” that everyone expects and how people assume that the characters in the story are heterosexual; the portrayal of characters who are presented as good always winning the characters who are bad. Donoghue gets rid of the stereotypes with key themes such
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