GROUP ASSIGNMENT 8: Tort of Negligence Issue 1: Chew’s Losses - $300‚000‚ Anxiety‚ Medical bills and the Closure of his stall. Suing Chew under misrepresentation A special relationship between Chew and Don [Hedley Byrne v Heller] Representor has reasonable grounds to believe his statement was true. Is a term; as Chew would not invest in the bonds if not for Don’s words. Sue for negligent misrepresentation (Using “But-for” test to assess damages) Suing under the Tort of Negligence‚ Chew has
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Concurrent liability Text [13.45] – [13.65]‚ [13.80] – [13.120] Vicarious liability is the liability of an employer for a tort committed by an employee within the course of employment Stevens v Brodribb sawmilling the existence of control between an employer and employee is not enough to prove a relationship for vicarious liability. Further criteria such as obligation to work‚ hours to work etc is also considered Elazac pty ltd v Sheriff the plaintiff was not an employee but a contractor
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4.0 INTRODUCTION Occupiers’ liability generally refers to the duty owed by land owners to those who come onto their land. However‚ the duty imposed on land owners can extend beyond simple land ownership and in some instances the landowners may transfer the duty to others‚ hence the term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability to arise. Occupiers’ liability is perhaps a distinct form of negligence in that there must
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CASE ONE: LAW OF TORT An accident was occurred by the car driven by Azhar with the disabled lorry which has been stalled by Ah Chan. Two of these persons have made their own fault as what happened on case Ramachandran a/l Mayandy v. Abdul Rahman bin Ambok. First of all‚ Azhar has derived his vehicle along a state road at slightly above the speed limit and his vehicle was equipped with a seatbelt but Azhar was not wearing it at the time of the collision. In addition‚ the impact of the collision
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Mom has a total of four children two younger children and two older children were taken away due to neglect and abuse; the older children placed with their biological father. The younger two children have been placed with Aunt Debbie. All the children have been in the Child welfare system since their births. Both parents have some issues with the local law and have outstanding warrants for their arrest. The Father of the little ones has a problem with drugs/alcohol abuse. Mother unknown about abuse
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likely difficulties Changwa may encounter in succeeding in his claim in the event that he was to bring an action. The advice will be with the aid of decided cases where necessary. Area of Law and the Potential Defendant. In view of the facts given in this case‚ the name of the area of law under which Changwa can bring an action is in the tort of negligence. Accordingly‚ he must bring this action firstly against the pub manager for the cockroach found in the food. Secondly‚ the action must be brought
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ACE inhibitor that inhibits a chemical called angiotensin converting enzyme. This widens your blood vessels and helps to reduce the amount of water put back into your blood by your kidneys. These actions help to decrease blood pressure. In Mrs. J’s case‚ there may be too much circulating fluid in her blood vessels and enalapril will help reduce this
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Biovail Corporation. David Maris‚ an analyst at Banc of America Securities (BAS) has investigate that Biovail might have significantly overestimated the amount of Wellbutrin XL on the truck. 1.2 PROBLEM / ISSUES OF THE COMPANY From this case we are defined some issue. First Biovail Corporation have their problem in using the contract of shipping the product. That is two contracts that can be use FOB shipping point and FOB destination. That has a different in revenue recognize for FOB contract
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liability. In Donoghue v Stevenson‚ friends of Mrs. Donoghue bought her a bottle of ginger beer‚ which contained a composed snail and caused Mrs. Donoghue to be ill. Since Mrs. Donoghue did not buy the beer‚ she could not sue under contract law but in tort. The Court held that manufacturer owed duty of care to Mrs. Donoghue and that duty was breached. The rationales behind were that Mrs. Donoghue should have had in their mind as being influenced by their careless behavior. People owe duty of care to
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Excel Scenario’s Scenario 1: A business professional calls the support desk looking to use Excel to organize data for the monthly expense report. He has never used Excel prior to this and has inquired about the functions that would support him with his task. My general approach for this call would be to start off by explaining what Microsoft Excel is to the business professional. Microsoft Excel is an application used to create spreadsheets. It also provides the user with functions
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