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 loss‚ damage or injury to others whom they could reasonably have foreseen might have been injured
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Business Law Name: Course: Instructor: Date: Business Law Legal Issue Both parties entered into a legally binding contract. The legal issue is a breach of contract. For a contract to be legitimate‚ it must have the following three elements; an offer must be made; there must be acceptance‚ and finally there must be consideration. Facts: The defendant entered into a legal agreement with the plaintiffs‚ Jackson Boris and Klara Koop. The defendant made an offer
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Law and morality Both law and Morals are well respected as they both often state what should be done in a situation or what a person should and should not do. Laws are often created with morals in mind e:g Abortion Embryo research Capital punishment However during history‚ there have been some areas of law that have clashed with morals Tort law – Donoghue v Stevenson (1932) Lord Aitken ‘Do not harm your neighbour’ The bible is the main source for moral thinking There are some things however that
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Introduction We are part of a non-profitable organization. With a team of 4 lawyer volunteering law advice and services to the community for free. In this case we are to provide Chalice with our advice on what are the chargers he can look into if he decided to take it to the court or alternatively settle by other resolution. Duty of care with Negligence “Negligence as an important element in law of tort requires more than mere lack of care”. A claimant who wishes to sue in negligence must show:
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of law… The basic of law can be summarized in two words: human conflict. People dispute and argue over money and theft and property damage. Law is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state. The first element (body of rules) is self evident‚ the hidden part is these rules are found in a myriad of different places. The second element (law is enacted by a public official) is critical. all places have rules but they are not laws unless
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diagnosed with leukemia. The lawyer finds evidence that there were some factors that could have led to the contamination of the town’s water supply by the conglomerates’ factory. In the course of the lawsuit Jan gets other attorneys in his Boston law firm to assist him. Jan spends lavishly for experts‚ but the length of the discovery process and opposing counsels’ maneuvers stretch all his assets to the limit. Jan concentrates his efforts against the parent company (Grace) since they had personal
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of many types of torts. A tort is a civil wrong that is outside of contract law and arises out of recognition that a person is responsible for their acts and omissions when dealing with others. The term ’tort’ refers to a number of different laws such as: • nuisance‚ • trespass and • assault Torts generally compensate the individual for personal loss or attacks on reputation‚ where the loss was caused by another person. Tort has as its basis common law. Negligence is now
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allows for a remedy of damages and rescission. One can also sue for fraudulent misrepresentation in a tort action. Andy and Douglas2 states that fraudulent misrepresentation is capable of being made recklessly. And where false information is provided with knowledge‚ or the persons preparing the information were reckless as to its truth or falsity‚ the deceived party will have a remedy in damages in the tort of deceit. The fraudulent misrepresentation must be established this elements: 1) there must be
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of Law Law performs many functions and plays a central role in business and society. Melvin (2011) stated "A generally accepted generic definition of the law is a body of rules of action or conduct prescribed by controlling authority‚ and having legal binding force." (p. 4). Law is comprised of statutes and precedents‚ leading to rules that tell us how to act in business and society. Law continues to grow and expand and is open to reason and interpretation. There are several types of law: constitutions
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JAMES COOK UNIVERSITY FACULTY OF LAW‚ BUSINESS & THE CREATIVE ARTS ------------------------------------------------- SCHOOL OF LAW Business Law – BU1112 Brisbane Campus SUBJECT OUTLINE Study Period 1‚ 2013 Important Dates for this Subject: Study Period: 1(amend) Start Date: 25/03/13 End Date: 28/06/13 Census Date: 18/04/13 Withdraw without Academic Penalty by: 10/05/13 BU1112 – Business law BU1112 Business Law is a core subject in the BBus course
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