the standard of care; • describe the ‘but for’ test of causation; and • apply these principles of liability to factual situations. A. Law of Torts A ‘tort’ is a civil wrong which the law redresses by an award of damages. A ‘wrong’ is an infringement or violation of a person’s legal right by another. There are many torts‚ each relating to a different type of harm: |Negligence: |careless causation of injury to person‚ damage to property or economic loss
Premium Tort Tort law Duty of care
Actus Reus AR = the conduct element. Prescribes what needs to be done‚ in what circumstance and with what result (but not necessarily all three). Result: V is killed (note that we don’t really criminalise results in themselves‚ but rather the causation of results). Conduct: in rape: penetration. Circumstance: property belongs to another. All crimes have an AR. It is possible to have missing MR elements but this is not so for AR. Omissions Stephen LJ: “It is not a crime to cause death or injury
Premium Tort law Causality Actus reus
ST. AUGUSTINE’SPHILOSOPHY OF LOVE St. Augustine’s philosophy of man reconciles and brings together to anadmirable synthesis and harmony the wisdom of Greek philosophy and the divine truths contained in the scriptures. In common with Greek ethics‚ its being eudemonistic in character‚ as it makes happiness the end-all and the be-all of human living; but Augustine tells us with the Bible that this happiness can be found in GOD alone. The summumbonum which is Plato’s and Aristotle’s concept of
Premium Ethics Plato Good and evil
Points Awarded | 9.50 | Points Missed | 0.50 | Percentage | 95.0% | 1. The major reason for tropical deforestation is A) governments clearing forests to build cities. B) hurricane destruction of large regions. C) people clearing forests to open up land for agriculture. D) natural succession as global warming occurs. Points Earned: | 0.5/0.5 | | Correct Answer(s): | C | 2. The reason that the pronghorn antelope is not found outside North America is most likely that A) its
Free Biome Littoral zone Tropical rainforest
How do biological and social factors interact to determine infant and child mortality differentials within a population? In recent decades most countries of the world have seen substantial decline in infant and childhood mortality (UN)‚ however a vast amount of research on this topic‚ a fraction of which will be presented and discussed below‚ suggests that the issue of infant and childhood mortality persists‚ particularly in countries with medium and low Human Development Index (Waldron‚ Mosley
Premium Infant mortality Health care Mortality rate
Distinguishing the line between the offences of murder and involuntary manslaughter is a hard one in this case. Murder and manslaughter are two that are contemplated as serious offences and are offences that constitute homicide. However‚ taking into consideration that David had no purpose of hurting Gamma it’s clear that this has became a involuntary manslaughter. The act of manslaughter arises when one commits the actus reus (guilty act) of homicide but cannot be liable for murder as they do not
Premium Criminal law Law Murder
removed. This factual test for causation was accepted in the case of International Shipping Co (Pty) Ltd v Bentley. In the case of X‚ if the fight between X and Y
Premium Causality Causality
PART 5 : CAUSATION ( Neethling‚ Potgieter‚ Visser: Law of Delict‚ p 159 – 193 • Minister of Police v Skosana 1977 (1) SA 31 (A) • S v Mokgethi en Andere 1990 (1) SA 32 (A) • Meevis v Sheriff‚ Pretoria East 1999 (2) SA 389 (T) • Mukheiber v Raath and Another 1999 (3) SA 1065 (SCA) • Road Accident Fund v Russell 2001 (2) SA 34 (SCA) • Gibson v Berkowitz and Another [1997] 1 All SA 99 (W) • Groenewald v Groenewald [1998] 2 All SA 335 (A) • Minister of Safety & Security v Hamilton
Premium Causality Law
JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION ______________________________________________________________ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. the crime of Murder - the consequence being death‚ it must be shown that the Defendant caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). A common approach of the courts has been to assert that causation is a question of fact to be answered by the
Premium Causality Criminal law Causation
Contents Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Introduction Negligence: basic principles Negligence: duty of care and breach of duty Negligence: causation and remoteness of damage Negligence: special problems Negligence: particular relationships Breach of statutory duty Particular statutory regimes: strict liability Intentional injuries to the person Interference with economic interests The law of
Premium Tort Common law Law