been the mater to many principles under which tortuous liability can be demanded. Simultaneously‚ certain other principles are used‚ to counter these claims for compensation. These counter claims‚ or defences are used to evict those innocent citizens from tortious liability who have been unfairly implicated with claims imposed on them. These defences were formulated from time to time to keep up with the very basis of imposition of tortious liability on an individual- i.e.‚ creating a sense of deterrence
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Week 2 Knowledge Check Study Guide Concepts Mastery Questions Intentional torts 100% 1 2 3 Negligence 100% 4 5 6 67% 7 8 9 100% 10 Product liability and strict liability Defenses to product liability Score: 11 / 12 11 12 Concept: Intentional torts Mastery 100% Questions 1. Identify the true statement about intentional torts. 1 2 3 A. A person can be sued for assault even if there was no actual physical contact. B. A person can be sued for threatening future harm. C
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Chapter 1 Law‚ therefore‚ is a set of rules that are enforced by a government authority. At a most basic interpretation‚ some believe that law is simply power. That is‚ the law is followed because the sovereign issues orders that are backed by threats Legal positivists believe that the law is what the law says. The laws are written‚ human-made rules. The law is not drawn from any source higher than human beings. Legal positivists do not believe that law is simply power‚ because they believe
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Fletcher was established in the case Rylands v Fletcher [1868]‚ decided by Blackburn J. In effect‚ it is a tort of strict liability “imposed upon a landowner who collects certain things on his land – a duty insurance against harm caused by their escape regardless of the owner’s fault”. The tort under the rule in Rylands v Fletcher is described as one of strict liability. This means that liability may be imposed on a party without finding of fault such as negligence. The plaintiff need only prove that the
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Question 1 “Australia’s legal system is based on the English legal system.” To what extent is this statement correct? Discuss. [10 marks] Word limit = 750 Answering Discuss: To range the extent‚ it is important to understand the source of law‚ the Australian legal system‚ the history of the Australia‚ the formation of the Australian legal system and the relationship between Australia and British law system. Back to history‚ source of law need refers to the historical development of a
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Table of Contents Task 1 2 Claim 1 3 Claim 2 5 Task 2 9 Claim 3 11 References 13 Task 1 Describe the nature of general tortuous liability comparing and contrasting to contractual liability * There are some similarities between tortious and contractual liability Both tortious liability and contractual liability are civil law obligations‚ so the remedies of all two them are only damages‚ injunction or specific performance without punishment as well as the civil courts have jurisdiction
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company held particular property subject to a security or other interest or claim‚ the Commonwealth or ASIC takes the property subject to that interest or claim. Note: See also subsection 601AE(3)--which deals with liabilities that a law imposes on the property (particularly liabilities such as rates‚ taxes and other
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from Terrence’s Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence’s Toy Shop for damages? • Nuisance • Misrepresentation • Fraud • Negligence 3. Making false statements about a competitor’s products‚ services‚ property‚ or business reputation could make
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Topic: ’Impossible that I lost diamond ring”‚ (Selina Lum‚ 2011) Court Case: Bass Anne Hendricks V Shangri - La Hotel Source: The Straits Times Date: 26th January 2011 Summary of Facts: An American multi-millionaire‚ Ms Bass‚ lost her 6.41 carat diamond ring in Shangri-La Hotel during her visit to Singapore. She claimed that she always had the ring with her and it is barely impossible to lose it. Thus‚ she filed a civil lawsuit against the hotel and sought for compensation. According to
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particular food that you have eaten with the outbreak of food poisoning‚ then it may become easier for you to make the claim. As your Injury Lawyer Ottawa will explain to you‚ the food poisoning lawsuits come under the purview of the defective product liability claims. It is based on the premise that a defective product in the form of food has been sold to you and that you suffered from injury in the form of food poisoning or infection.
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