Under the monarchial constitution of the United Kingdom (UK)‚ the majority of prerogative powers are now exercised by the government in the name of the Crown. There are two principle definitions of Royal Prerogative (RP); that of Sir William Blackstone and that of Professor A.V. Dicey. According to Dicey‚ RP is defined as the residue of arbitrary or discretionary authority‚ which at any given time is legally left in the hands of the Crown. RP has several defining characteristics - RP is inherent
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form the breach. These requirements carry significant policy controls : of autonomy‚ causation‚ foreseeability and proximity which will be discussed in due course. The courts first recognised such a duty in Hevan v Pender though it was in Donoghue v Stevenson that the law of negligence was set upon a new and expansive path of development. Lord Atkin said that duty is owed to you neighbour who is anyone “So closely and directly affected by my act‚ I ought to have them in contemplation when turning
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Question A: Likelihood of Kimberly’s claim being successful: With the central issue in Kimberly’s circumstance of being physically and mentally impaired due to the shutters of the Bed & Breakfast house flying off and as a result‚ hitting the plaintiff (Kimberly)‚ there is a high possibility that Kimberly’s claim will succeed. As a result of Elle being aware that months after the shutters were installed‚ she noticed splinters in the wood and damage in some of the shutters but took no precautionary
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The source of English Law is broad‚ with the real starting point at the Norman Conquest in 1066. During that time‚ England was mostly ruled by customs prior to the Conquest. It wasn’t until William the Conqueror took throne that modern English law started to develop‚ under the common law. Fast forward to 21st century‚ and now the law has been a lot more developed‚ with its sources divided into two‚ the primary source and the secondary source. The primary source being case law‚ legislation‚ and European
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Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515 Table of Contents 1.00 Overview of Woolcock Street Investments Pty Ltd v CDG 3 Pty Ltd 2.00 The Outcome of the Case 4 2.10 Vulnerability 5 3.00 The Elements of Negligence 6
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And therefore for a conduct to be considered unlawful it has to be done voluntary otherwise it would not be considered as an unlawful conduct. A civil wrong is when any offence for which an action for damages may be brought. In the case of “Donoghue v Stevenson [1932]” the House of Lords ruled that a person “must have duty to take reasonable care to avoid reasonably foreseeable
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Question 1: Explanation of Matt’s parents right regarding the sales of Goods Act (1979) Under Section 12 (1) in The Sale of Goods Act (1979) the seller has the right to sell the goods when he can pass the good’s title to the buyer (rights of ownership)‚ looking at Rowland v Divall [1923] ALL ER REP 270‚ the court of appeal decided that Divall has breached S.12 of SOGA and that Rowland was entitled to a full refund‚ as he had paid £334 for the right of ownership of the car which he had not received
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Objective Test: It is a key test to determine whether duty of care exists. It depends on whether a reasonable person in the position of defendant would have cause harm to the plaintiff by his/her action. This test was formulated in the case of Donoghue v Stevenson (1932) AII ER 1. 2) Proximity: Proximity
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Jonathan Swift ’s Gulliver ’s Travels and George Orwell ’s 1984‚ two of English literature ’s most important and pervasive political criticisms‚ have helped to mold world opinion by offering new viewpoints and attitudes‚ yet these two novels differ in their means of conveying their satire of human nature. Whereas Gulliver ’s Travels touches humanity with a humorous note and absurd situations‚ in order to reveal the public ’s hypocrisy and society ’s reprehensible behavior‚ 1984‚ in contrast to Gulliver
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LWB138 Fundamentals of Torts Notes and Outline (ISAACS) Semester 1‚ 2008 Matthew Robinson Table of Contents Week 1: Introduction to Torts and Causes of Action 3 Purpose of the Law of torts 3 What is a Tort? 3 The Development of Torts 3 The Role of Torts 3 Insurance 4 Persons able to sue and be sued 4 Classifications of Causes of Actions 4 Trespass Actions 4 Actions on the case 5 Options between trespass and action on the case 5 Trespass to person 6 Battery 6 Assault 7 Defences
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