PART A Sita is able to claim personal injury damages under an action in tort for negligence. The principle of these damages is restituo in inegrum‚ which is based on the principle restoring the plaintiff to the position they were in before the tort took place (Sharman)1. These damages are presented on a once and for all basis as a lump sum with the date of assessment being that of the date of trial. 1. Economic Loss Economic loss is under Divison 2 of the Civil Liability Act2 (CLA). Under
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Ethics is a branch of philosophy which has a central concern of determining of how people should live their lives in accordance of distinguishing the right actions from wrong actions (Boatright‚ 2007‚ p. 7). In ethics normative theory propose different principles on how society can deal with this dilemma and that is through the introduction of deontological and theological ethical system. Deontological ethics or non-consequentialist theory requires people to do the right thing simply because
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Evidence – Means‚ Mode‚ or Manner to Ascertain the Truth about a Matter of Fact in a Judicial Proceeding. Essential Parts of the Legal Definition of Evidence: WHAT: 3M – Means‚ Mode or Manner WHY: ATF – to ascertain the truth about a matter of fact WHERE: J – in a Judicial Proceeding - it is a medium or means by which a fact is proved or disproved. Proof – RESULT‚ EFFECT or PERFECTION of an evidence. - result of a PROBATIVE EFFECT of evidence. - it is the perfection of evidence
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doctor’s inaction caused harm to someone else who will now become his patient. Also‚ W. D. Ross’s Ethical Pluralism would argue otherwise. Fidelity‚ or duties of keeping promises‚ is only one of the prima facie duties (Waluchow and Gedge‚ xxx). By implementing the unqualified confidentiality rule‚ other prima facie duties such as non-maleficence or non-injury to others and beneficence would be violated in his scenario. Another argument of Kipnis is that the current laws that were implemented under consequentialist
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Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss. Rule of Law : The essential requirements of intentional torts are the elements of intent‚ injury‚ damages and causation. The concept of ’intention’ does not require that Defendant (D) know that his/her act will cause harm to the Plaintiff (P)‚ but must know with substantial certainty that their act will result in certain outcomes (landing of the plane on the P’s land). To successfully make a claim against
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1 PRINCIPLES OF NATURAL JUSTICE Lecture delivered by Justice T.S.Sivagnanam at Tamil Nadu State Judicial Academy on 01.06.2009 to the newly recruited Civil Judges (JR Division) during Induction Programme 2009 All of you who have assembled here have been newly Inducted in to the Judicial Family. There lies an onerous responsibility on each one of you to carry forward your office with dignity and decorum. The post of Civil Judge Junior Division is the foundation of our Judicial Structure. It
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What is bank? Finance is the life blood of trade‚ commerce and industry. Now -a-days‚ banking sector acts as the backbone of modern business. The term bank is derived from the French word Banco which means a Bench or Money exchange table. In olden days‚ European money lenders or money changers used to display (show) coins of different countries in big heaps (quantity) on benches or tables for the purpose of lending or exchanging. A bank is a financial institution which deals with deposits
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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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Corona’s income tax returns (ITRs) with his statements of assets‚ liabilities and net worth (SALNs) has not established prima facie presumption of guilt to warrant Corona’s conviction. Emphasizing also that 1379‚ or the law stipulating the handling of properties found to have been unlawfully acquired by public officers or employees. The lawyers’ group said RA 1379 states that prima facie guilt can be established “only if
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1. Executive Summary Wonderland bakery is located at Kepong Metro Prima. We are introducing wholesome cake and bread to our customer with taking consideration of the good quality ingredients and healthy calories. Our cake and bread will be sold around rm70 and rm3. Our main target is individual who is between 15 until 35 year old where it segmented into student and worker. They typically consist of low range income group who are affordable to purchase our product. There are three direct competitors
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