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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Chapter 18: Remedies for Breach of Contract Election to discharge: self-help remedy Types of Judicial Remedies • Common law remedy of damages • Common law remedy of an action for a fixed sum • Equitable remedy of specific performance • Equitable remedy of injunction Limitation Act • Judicial remedies may be barred by lapse of time due to LA • S 6 LA: no action against breach of contract after 6 years have passed (unless party unaware of breach) • LA does not apply to any legal action rooted
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OBLIGATIONS AND CONTRACTS REVIEWER TITLE I – OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS 1156. An obligation is a juridical necessity to give‚ to do‚ or not to do. JURIDICAL NECESSITY – juridical tie; connotes that in case of noncompliance‚ there will be legal sanctions. - An obligation is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which‚ if breached‚ is enforceable in court. - A contract necessarily gives rise to an obligation
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A contract is a legally binding agreement or relationship that exists between two or more parties to do or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must backed acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must be entered into freely and should be
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by express or implied contract or by law‚ in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words and/or actions. The etymology of the word agent or agency says much. The words are derived from the Latin verb ago‚ agere (the respective noun agens‚ agentis). The word denotes one who acts‚ a doer‚ force or power that accomplishes things.1 Agency is the exception to the doctrine of privity under the law of contract. 2. LIABILITY OF A PRINCIPAL
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Ingredient Procurement Background The company was founded in 1969 as a flour milling company‚ after some diversifications the company has today three major groups: Consumer foods‚ Agricultural foods and Restaurants. Quality The company’s most important measure of performance is the food safety and quality. They use a broader concept of quality: Quality of people‚ products and performance. Quality is a big issue for the company. Quality sector: QA (Quality Assurance). Procurement Procurement has
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Formation of Contract 2 Offer ............................................................................................................... 2 Acceptance ................................................................................................... 4 Certainty ........................................................................................................5 Consideration ............................................................................................... 6
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2.3.3 Procurement Procedures and Procurement Performance Procedures are operating instructions detailing functional duties or tasks. According to Saunders (1997)‚ the division between public and private sectors creates two different worlds‚ requiring different approaches to procurement. Public ownership imposes obligations with regard to public accountability‚ leading to prescribed procedures and policies. All steps of the procurement cycle must be properly documented with each step being approved
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0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 Definitions Articles of Agreement General obligations of the Employer General obligations of the Contractor General obligations of the Architect General obligations of the Quantity Surveyor Contract documents Contract bills and contract price Contractor’s site agent and other staff Clerk of Works Liability against injury to person and property Insurance against injury to persons and property Insurance of the Works (Contractor’s liability) Insurance of the Works
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coordination issues have been of great interest to researchers for many years especially since 1990s there has been a surge in research in these topics (Burgess et al. 2006). Different perspectives has been proposed on SCC such as “the order‚ forecasting‚ procurement‚ and information sharing procedures among the members of the supply chain” (Therese M. Flaherty‚ 1996) and “SCC is concerned with managing dependencies between various supply chain members and the joint efforts of all supply chain members to achieve
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