Overseas Tankship (U.K.) Limited v.The Miller Steamship Co. Pty. Limited and another (Wagon Mound No 2)‚ Judicial Committee of the Privy Council on appeal from the Supreme Court of New South Wales‚ 1966 There are extracts from this case at p. 80 of Weinrib and then a summary of the result of this case at p 183. The case has some important passages beyond what appear in the p. 80 extract. Please add the following to your reading: LORD REID‚ LORD MORRIS OF BORTH-Y-GEST‚ LORD PEARCE‚ LORD WILBERFORCE
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-Bona Fide Occupational Requirement: is a genuine requirement for a job‚ such as‚ for example‚ the need to wear a hard hat when working on a construction site. Bona fide occupational requirement is a defence that excuses discrimination o a prohibited ground when it is done for a legitimate business reason. Bona Fide occupational requirement can be rejected if a male does not have the care‚ attractiveness and delegacy a women would have. Physical capabilities have also been rejected example a women
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Tort Reform As with most debates fought in the popular press‚ there is some truth on both sides. At the center of this controversy is the way the legal system handles disputes or torts. A tort by definition is not just actions resulting in physical injury. Slander‚ fraud‚ and trespass are also torts. However‚ most of the argument on tort reform‚ concerns cases involving physical injury‚ medical malpractice and product liability. America is the most sue happy society in the world. We take our private
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their decision unanimous? 5. Ratio/Principles Applied = what principles of law did the court lay down as the basis for deciding the case? Were there any qualifications or restrictions or dissensions to the principles stated by the court? 6. Reasoning = what was the underlying rationale given by the court for adopting the principle or principles which it applied? 7. Critique of the Case = Is the case still good law? To what extent has it been interpreted/applied in subsequent cases? Has it
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sues an employing physician for ordering her to lift a heavy bookcase that injures her back‚ is the issue of liability standard of care or duty of care? Duty of Care 5. What is the basis for most medical malpractice claims? High damage awards in tort cases have led to a malpractice insurance crisis for physicians. 6. A patient falls on a hospitals slippery tile floor and injures herself. Assuming that patient safety procedures were lax‚ what two undesirable occurrences could result for the
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Law Tort Law A tort is an act/omission in instances where by law there is a duty owed by one party/entity as against another to do or refrain from doing an act and a failure to comply results in civil liability To Establish Tort One Must Have: Duty of Care/Duty being owed Breach Harm/ Damage caused by that Breach Difference between Crime and a Tort Crimes are omissions or acts against the state while a tort is against private entities. Crime- Fine/ Imprisonment while in Tort- Damages/
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Memorandum TO: Janet Jones Supervising Attorney FROM: Susan Steichen Paralegal RE: Potential case of Mr. and Mrs. Sherman on behalf on the minor son DATE: September 22‚ 2012 Questions Presented Did the Church of Divine Light (CoDL) make threats to the minor Sherman into believing that if he left he would be “thrown into the eternal fires of Hell”? Did the CoDL intentionally brainwash Rob Sherman Jr.‚ to cut all contact from his family? Brief Answer Yes. The CoDL had brainwashed the minor
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cannot recover damages if he suffers harm * To prove‚ must have: * Full knowledge of the risk * Section 5F & 5G * * an unpressured decision to run the risk in question (voluntariness) * Common law * A person who was constrained by the circumstances and was constrained from making a free choice will not be regarded as acting voluntarily * This is not met if: * P has a brief interval to make their decision
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Week 3 You Decide 1. You are the judge in the case. Does Susie have a case against Ruthless? Is Ruthless the proximate cause of Susie’s injuries? I certainly do think that Susie has a case against Ruthless because of the simple fact that Susie told Ruthless that she wanted to wait for Orson or she could walk home since she only lived six blocks from the park‚ but Ruthless paid no attention to Susie‚ he did not acknowledge what she said and gave her no choice but ordered everyone to get
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Jonah Watson Business Law Case Analysis #3 IN YOUR COURT A remedy is the relief provided for an innocent party when the other party has breached the contract. There are two types of remedies; remedies in equity and remedies at law. Remedies in equity are only awarded only if the remedy at law is inadequate. Remedies at law normally award monetary damages Ken‚ the owner of a famous candy store‚ and Sweet‚ Inc. have entered into a contract‚ essentially designating Sweet‚ Inc. as his
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