PRESENTATION ON CASE. Paul‚ a contractor‚ owned a corner shop where he ran a news agent stand and a tobacconist business. Neil advertised the business and premises for sale. Having seen the advertisement‚ Jenny visited the premises from which she lived 20 minutes away and was told by Paul that the purchase would be the best bargain in town and that the profits were 40‚000 pounds per annum‚ and that if she didn’t believe him she should look at the accounts which she declined but had she done so
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Ngee Ann Polytechnic School of Business & Accountancy Diplomas in ACC‚ BIT‚ BS‚ BFS & IBZ Business Law LAW OF TORT STUDENTS’ COPY Tutorial Questions Section B: Problem Questions (Use LAC format to answer‚ with supporting cases) 1. Last month‚ Raj bought a pair of Flying Eagle inline skates from his neighbourhood shop. Flying Eagle inline skates are made in a factory in Tampines owned by the Kang Brothers. Unknown to Raj‚ the particular model of inline skates had a manufacturing
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TORTS Table of Contents Breach of Duty 3 General Principles for Establish a Breach of Duty 3 The Calculus of Negligence 4 Who is the Reasonable Person? 9 Causation 13 Factual Causation under the Common Law 13 Factual Causation under Statute 16 Novus Actus Interveniens 18 Successive Causes 20 Exceptional Cases 21 Remoteness 24 Foreseeability of Damage 24 Kind of Injury and Manner of its Occurrence 25 Eggshell Skull Rule 26 Concurrent Liability 28 Vicarious Liability 28 Non-delegable
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Tort Law Reading Notes Week 1 Mon Sep 8 Damages pp697-729 - aim of damages: restore plaintiff to position he would have been had the wrong not occurred o as this is impossible in cases of personal injury‚ monetary compensation is used o total amount is the amount that will release the target amount over the given span of years - assessment is a matter if calculation‚ not impression (SCC 1978) - 3 probs: o 1) what kinds of items must a defendant compensate
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INTRODUCTION Determining whether Mr. Fullman has an actionable claim under the Alien Tort Statute (“ATS”) and whether the Fourteenth Circuit has jurisdiction over this matter can be determined by the same answer. If Lansdale can be held liable under the ATS‚ the Fourteenth Circuit has jurisdiction. If suit is barred against Lansdale‚ due to his status as a corporation‚ the Fourteenth Circuit lacks subject-matter jurisdiction and‚ thus‚ the case must be dismissed. The Supreme Court has not determined
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Intro to Legal Environment Beachum v. White The West Virginia Record Background Facts: Leetta Beachum is the mother of Shana Cowley. Shana Cowley died from internal injuries on September 14‚ 2009. Injuries were sustained from leaping out of a moving vehicle. Timothy White was the boyfriend of Shana Cowley and the driver at the time when Cowley jumped from the moving vehicle. An altercation broke out between White and Cowley earlier that day‚ it continued when White picked up Cowley and
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LA110 Torts and Litigation I Week 4 Homework Assignment Part 2 Assignment: Answer all questions in paragraph format. Chapter 9 page 143: Review Questions 1 - 15 1. A vicarious liability is one person or a third party‚ may be found liable for the act of another or shares liability with the actor. 2. Imputed negligence is places upon one person responsibility for the negligence of another. 3. A respondent superior is a master liable in certain circumstances for the wrongful acts of his
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The aim of tort law is to compensate the claimant and to deter defendants’ discuss whether the rules of causation and remoteness of damage fulfil this aim. The rules of causation state that the claimant has to prove that the defendants breach of duty was the factual cause of material damage‚ when considering the facts of Barnett v Chelsea & Kensington Hospital Management Committee (CKHMC) where the claimants husband became ill after drinking tea which had arsenic‚ when taken to hospital‚ the doctor
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Definitions Assignment - TORT Intentional Torts – Intentional Torts are battery‚ assault‚ false imprisonment‚ trespass to land‚ trespass to chattel‚ and conversion. See examples of each below. Battery – The intentional unlawful‚ harmful‚ or offensive touching of the person of another. Example: The verbal argument has escalated to the point that Susan raised her hand and slapped Joe on the cheek. Susan committed battery against Joe. Assault – The intentional threatening of another with
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Torts Exam Notes Intentional Torts Trespass to the Person Battery - directly and intentionally (or negligently) bringing about a harmful or offensive contact with the person of another - the ‘body is inviolate‚ and that any touching of another person‚ however slight may amount to a battery’ - Rixon - doesn’t have to cause harm - Rixon v Starcity Casino - Collins v Wilcock - no requirement of hostility or anger - Wilson v Pringle - In Re F - exception is made
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