Historical Background of Law of Tort: The modern law of torts has evolved through four main stages. In early stage when society was primitive private vengeance and self control were the only remedies available to the wronged person against the wrongdoer. He could get his wrong redressed with the help of his friends or relatives. The second stage of development of civil law was characterized by the state coming into existence when its functions were only persuasive in nature. It did not have enforcing
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(LL1008) LAW OF TORT AND CONSUMER PROTECTION LAWS nd st (2 Semester‚ 1 Year of the 3-Year LLB course) PART A- Law of torts PART B – Consumer Protection Law PART –A General Principles 1. General Principles – Definition‚ distinction between tort‚ crime‚ contract‚ breach of trust. 2. Essential conditions of liability – Damnum Since injuria‚ Injuria sine damnum‚ Malice‚ Motive. 3. Foundations of tortuous liability‚ fault liability‚ strict liability‚ principles of insurance in torts. 4. Capacity of parties
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tort law INTRODUCTION TO THE LAW OF NEGLIGENCE…………………………………………….........4 Buchan v. Ortho Pharmaceutical (Canada) Ltd Hollis v. Dow Corning Cor Tobacco Tort Cases in Ontario (1) THE DUTY OF CARE: GENERAL PRINCIPLES……………………………………………….....6 (a) An Introduction to the Concept of Duty……………………………………………………...6 (i) General Duty of Care Test……………………………………………………………..6 Donoghue v. Stevenson (sets out general neighbour DoC)
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LGST101: Business Law AY 2011-2012‚ Term 1 Group 8 Project Written Analysis Tort of Negligence Prepared for: Professor Melvyn Chew Written By: Jamie Lim Jia Qi (#12) Joel Koh Yong Kiat (#14) Low Hwan Hong (#23) Oh Zhan Yuan (#24) Ong Hui Ming Maria Nicolette (#25) G12 Throughout the course of this report‚ to determine if the plaintiff is owed a duty of care in negligence‚ we will adhere by the Singapore single test of negligence laid out in the case of Spandeck Engineering
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Intentional Torts A. A person acts with intent to produce a consequence if: 1. the person has the purpose of producing that consequence; OR 2. the person knows to a substantial certainty that the consequence will ensue from the person s conduct B. Battery 1. An actor commits battery if he acts intending: a. to cause a harmful or offensive contact to person of other or a third person OR b. to cause imminent apprehension of such contact AND c
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Liability * Employer’s liability for employee’s wrongdoing committed by employee in course employment- strict liability/ absence of wrongdoing by defendant * Employer will not be liable unless employer-employee relationship/ employee must commit a tort/ must be during course employment * Casual potency important * Must be committed by an employee- employer/employee relationship: * Distinguished between contract of employment/contract for employment * Ready Mixed Concrete (South
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TORTS – INTENTIONAL TORTS PRIMA FACIE Battery is the (1) intentional infliction of (2) a harmful or offensive (3) contact. Offensive includes acts damaging to a “reasonable sense of dignity.” No knowledge of contact is required. (Rationale: protection of personal integrity. Freedom from intentional and unpermitted contact. Offensive harm included b/c of mental injuries). ▪ To have a claim of battery‚ there must be a claim of fault‚ negligence‚ or wrongdoing on the part of
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basic principles Contents Introduction 13 2.1 2.2 2.3 Structure of the tort 13 Organisation of the chapters 14 Policy questions 14 Introduction Negligence is the most important modern tort: its study should occupy about half the course. It is important because of the great volume of reported cases and because it is founded on a principle of wide and general application. This chapter explains the basic structure of the tort and describes the organisation of the material in subsequent chapters.
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Assignments PLG-101-1401: Torts & Personal Injury Assignment 1 (based on class 1): View submitted answer Please find on Lexis and read the following case: Watson v. Dixon‚ 130 N.C. App. 47 (N.C. Ct. App. 1998). Then‚ please answer‚ in one to two paragraphs each‚ each of the following questions: ) 1) What were the essential facts of that case? Watson and Dixon were both employed with Duke in the Sterile Processing Department of the Medical Center‚ when Watson began to experience
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punishment as well as the civil courts have jurisdiction to hear contract and tort claims. Moreover‚ breaching of both types give rise to an action for damages. For example‚ to contrasting liability‚ see case Jackson v Horizon Holidays Ltd 1975 and to torious liability‚ see case Scott v Shepherd 1773. And the person who wronged sues in the court for compensation. * The difference of tortious and contractual liability In tort claim‚ anyone who has suffered losses because of a wrongful act of defendant
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