develop through judgements handed down in such countries as the United States‚ United Kingdom and New Zealand‚ placing pressure upon Australian courts to follow their lead. Cases such as Lenah Game Meats v Australian Broadcasting Corporation and more recently Grosse v Purvis have expressed the Australian legal systems apparent desire to move forward in acknowledging an action for invasion of privacy. By legislating at a federal level‚ most suitably within the Privacy Act ‚ a more consistent and structured
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“The powers delegated by the proposed constitution to the federal government‚ are few a defined. Those which remain in the state governments are numerous and indefinite.” As a US Citizen some believe that a balanced power is important because it is a system in which peace can be kept among a large number of states when there is no leadership among them. Federal government declares war and sets standards for weight and measures meanwhile‚ State sets up schools and establishes local government. Both are
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Reasoning: In recent years‚ the state of Maryland has decided a number of cases dealing with liability for injuries that occurred on the property of the defendant involving two different parties. On the basis of the premise liability claim‚ our client has a case against the hotel. The premise liability claim is based on common law principles of negligence and derives from an establishment’s lack of supervision‚ care‚ or control of the premises. RESTATMENT (SECOND) OF TORTS §344 (1965). According to the
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Spears contends that she is a victim of a medical malpractice and of Texas’ newly reformed tort laws. Texas lawmakers unanimously passed a tort reform package in 2003 which topped noneconomic damages that a plaintiff could receive in medical malpractice at $250‚000. That became the negligence standard for emergency care. It also required an expert witness to substantiate evidence of negligence before a trial. Tort reform advocates approve the law as a way to reduce frivolous lawsuits against health care
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Informative Essay: All About Small Claims Courts Small Claims courts are a crucial aspect of the Canadian Legal system that could even be relevant to you one day. Small Claims courts are were created to try and give the average Joe a cheap‚ simple way to settle any type of arguments involving property or finances‚ without necessarily having to know a whole lot about law. You do not need to know many legal terms and the case usually consists of you telling your story for the judge to make
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Blake v. Barnard 1840 A man put his gun at the head of another and said‚ ’Be quiet or I blow your brain out’. No assault. If the person did what he is told nothing would happen. Contrast: READ v. CROKER (1853). Byrne (Canada) 1968 Canada Supreme Court A man went into a bank. Having a jacket over his hand‚ he said: I have a gun‚ give me the money or I shoot. No assault. He did not show the gun. Persuasive precedent. Janvier v. Sweeny 1919 Court of Appeal Private detectives tried
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Scenario The State of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statutory requirement is that any trucker who wants to drive through Confusion must stop and have the new hitch installed‚ or detour around the State of Confusion. The federal government has no regulations concerning these truck hitches. Tanya Trucker‚ who owns a trucking
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harm‚ the foreseeable severity of harm that may ensue‚ and the burden of precautions to eliminate or reduce the risk of harm. See Restatement (Third) of Torts: Liability for Physical Harm § 3 (P.F.D. No. 1‚ 2005). Negligent conduct may consist of either an act‚ or an omission to act when there is a duty to do so. See Restatement (Second) of Torts § 282 (1965). Five elements are required to establish a prima facie case of negligence: the existence of a legal duty to exercise reasonable care; a failure
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JW Apps claim of “A belief is what we accept as truth” can be interpreted differently through many people. Before we can start to defend or disagree with this claim‚ we must first understand the meaning of truth and belief. A truth is something that is known for certain‚ has been proven and is a certain fact. While as a belief may not necessary have to be true‚ it is more about what people accept and think that could be real. From this‚ we can say that it is possible to defend JW Apps claim as a belief
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This case is in regards to the tort of negligence‚ with the central issue being causation. With the evidence provided‚ it is necessary to determine whether Vera and PC Webster are owed a duty of care and subsequently have any claims. Firstly‚ the ’but for’ test is to be applied‚ in which the courts ask: ’but for the defendant’s action‚ would the damage have occurred?’ The courts have accepted that drivers automatically owes a duty of care to every other road user ‚ including pedestrians. Jack’s
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