Essay Title A – Amber Pretty exercise The Consumer Protection Act 1987 was passed to give effect to the Directive. Compare the rights and remedies given by the Act with those available in Contract and Tort. Consider in the light of this comparison whether the Act has succeeded in its main aims. ------------------------------------------------- Defective products‚ which cause damage‚ can give rise to liability and this traditionally arose under the common law. However‚ the common law approach
Premium Tort Contract Common law
binding upon courts which are subsequently called upon to try similar issues. Such precedents are not merely persuasive authorities which may be followed if the appear to be correct; they are precedents which must be followed. Ratio decidendi and obiter dicta For a judicial decision to be binding on subsequent courts‚ the decision must be ratio decidendi. The ratio decidendi of a case is the reason for the actual decision or the principles underlying the decision‚ and if the judge made a clear
Premium Precedent Common law Case law
State‚ Government and Law 1. State An entity can be regarded as a state if it satisfies the following essentials of statehood 1. Population 2. Territory 3. Government 4. Sovereignty or Supremacy State can be unitary (only one govt. throughout the territory); federal(distribution of powers between central and state governments); monarchy(hereditary king as the ruler); republic(the head of the state is not a monarch but an elected person) etc. The ultimate aim of the state is
Premium Law Common law Court
Unit 23 – Aspects of the legal system and law-making process Hierarchy of English courts * Criminal and Civil law hierarchy * Types of cases There are two types of cases that are dealt with in court which are criminal and civil. Criminal cases are cases that involve an individual breaking a law of the land and result with a jail sentence or community service. For example murder‚ rape and ABH. Civil cases are cases that involve disputes between people and usually end with a settlement
Premium Law
4.0 INTRODUCTION Occupiers’ liability generally refers to the duty owed by land owners to those who come onto their land. However‚ the duty imposed on land owners can extend beyond simple land ownership and in some instances the landowners may transfer the duty to others‚ hence the term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability to arise. Occupiers’ liability is perhaps a distinct form of negligence in that there must
Premium Tort law Tort
FCT v Bargwanna [2012] HCA 11 (29 March 2012)1: A case on the taxation and administration of charitable trusts Overview of income tax exemption and charitable entities What is income tax? The answer may be simple. Further‚ basic understanding on definition of income is capable of answering why a charitable entity has optional privileges in its income tax obligation. The main reason for this special treatment is because its ’nature of charitable purposes’ arguably reflects its non-profit orientation
Premium Tax Taxation in the United States Charitable organization
Australian Legal Studies Student Tutorial Book Semester 2 2013 Australian Legal Studies Course Semester Two Tutorial Format 1 session of 1.5 hours duration per week There is one tutorial session each week and each session will focus on topics from the previous weeks lecture. For example‚ in week 2 the tutorial will discuss topics covered in the lecture for week 1. The topics for each weeks lecture and the reading you are expected to do for that lecture are set out in the “Outline
Premium Law Common law Contract
1.0 Contracts and its Elements 1.1 Essentials of a Contract Contracts form part of our daily life e.g. lease of house‚ sale/purchase of cars‚ etc. However‚ there are elements essential to form a contract. These are: 1.1.1 Offer/Invitation MacMillan & Stone (2004) described offer as “an expression of willingness to contract on certain terms. It must be made with the intention that it will become binding upon acceptance. There must be no further negotiations or discussions required.” This can be
Premium Contract
Donoghue. She is really fun sometimes and she helps me get my work done if fall behind. She is I‚ nice teacher. Wen we are in class she lets me and Jimmy set together because we and good friends and we work well together. Like wen I got to stress out she came and help be get aver thing fine. She gives people a strong sheet went then need they she helps us on the pay and homework. If I had to pick all of my class with one teacher it would be Ms. Donoghue. At the end of the year
Premium High school Education School
that all courts who are lower. R V DUDELY and Stevens (1884): The two shipwrecked men kill and ate the cabin boy‚ later both men were convicted to murder. The ratio Decidendi: The ratio Decidendi is binding on lower courts and stands in contrast to obiter dicta. The court gave three reasons for refusing a defence of necessity for example: If necessity is not accessible on a charge of theft of food because of starvation‚ it cannot even be allowed to a charge of murder. The Christian view is that
Premium Common law Case law Law