TRESPASS TO LAND BUKIT LENANG DEVELOPMENT SDN BHD v. TELEKOM MALAYSIA BHD & ORS [2012] 1 CLJ FACTS The plaintiff purchased a land from Oakfield Enterprises Sdn Bhd through a sale and purchase agreement dated 15 May 1996. The plaintiff was aware at that time of the presence of squatters on the land. Following the said purchase‚ the plaintiff commenced eviction proceedings against the squatters and succeeded in obtaining judgment where the court ordered that the squatters surrender vacant possession
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You are presently working as a paralegal in a large law firm in San Diego‚ California. Your supervising attorney‚ Janet Jones‚ has called you into her office. Janet just finished an interesting meeting with some potential clients. Rob and Bunny Sherman have a 15-year-old son named Rob Jr. Rob Sr. and Bunny want to bring suit against the Church of the Divine Light. It is similar to the Church of Scientology‚ but not actually related to any one‚ organized church. The parents allege that Rob Jr. was
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Negligence is defined as the the commission of an act that a prudent person would not have done or the omission of a duty that a prudent person would have fulfilled‚ resulting in injury or harm to another person. In particular‚ in a malpractice suit‚ a professional person is negligent if harm to a client results from such an act or such failure to act‚ but it must be proved that other prudent members of the same profession would ordinarily have acted differently under the same circumstances. Negligence
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PROFESSIONAL NEGLIGENCE THE CHANGING COASTLINE OF LIABILITY John L. Powell Q.C. Even the briefest acquaintance with the world’s major financial centres‚ and especially Hong Kong‚ London or New York‚ immediately confirms that we live in world dominated by professionals. The magnificent multi-storey edifices adorning the shores of this and similar cities are the castles and palaces of the present age‚ proclaiming the influence and power of professionals
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Liability of Negligence When a person is said to be liable for an action under the law‚ it means that they are responsible in some way for the outcome that results either in the law of a nation to be violated which comes under criminal liability‚ or in an injury to other individuals that is considered to be a civil liability. The main requirement for a liability happens to be intent1‚ which says that‚ an individual is not responsible for something that they did not mean to do. However‚ the Law of England
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Question 1 A Sydney tramway passenger was injured in a collision with another tram‚ which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as `dead man’s handle’‚ a system in use on Sydney’s trains. According to my findings‚ Dead Man’s Handle refers to an old train device: the dead man’s handle. It was typically some form of switch that the driver would keep
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University of Cambridge Faculty of law Tripos INTELLECTUAL PROPERTY Breach of Confidence/Trade Secrets Lionel Bently March 10 & March11‚ 2011: The Basics April 28: Employees May 2: Privacy and Publicity March 7 and 11‚ 2011 BREACH OF CONFIDENCE: THE BASICS Bently & Sherman (3d ed)‚ 1003-1066 ***Coco v Clark [1969] RPC 41 *A-G v Guardian (No.2) [1988] 3 All ER 545 **Campbell v MGN [2004] 2 AC 457 **Douglas v Hello [2008] 1 AC 1‚ 45-50 (paras 108-28 per
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Week 2 Negligence Negligence Negligence is defined as persons or business’s actions that make them liable to foreseeable consequences of their actions. There are certain steps that the plaintiff needs to prove negligence on the defendant’s behalf. These elements are duty of care‚ breach of this duty of care‚ plaintiff suffered injury‚ defendant caused the injury‚ and it was the proximate cause for the plaintiffs’ injury (Cheeseman‚ 2013). In the case of the Bryntesen family we need to prove
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Chair of Law Principles of law TORTS Term paper Authors: Annie Ivanova FN: 13114161 Miroslav Milkov FN: 13114173 Sofia‚ 2014 1 Contents I. II. Definition and overview……………………….…………………………………………..3 History 1. Roman law……………………………………………………………………………………3 2. Medieval period…………………..……………………………………………………….3 3. United states influence…………………………………………………………………4 4. Modern development…………………………………………………………………..4 III. Comparative law and conflict of laws 1. Comparative
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Tort Law A tort is a civil wrong arising from an act or failure to act‚ independently of any contact‚ for which an action for personal injury or property damages may be brought. It deals with situations where a person’s behaviour has unfairly caused someone else to suffer loss or harm. A person who suffers a tortious act is entitled to receive compensation for “damages”‚ usually money payment from the person or people responsible. The tort of negligence is a type of civil wrong where a contract
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