LWB138 Fundamentals of Torts Notes and Outline (ISAACS) Semester 1‚ 2008 Matthew Robinson Table of Contents Week 1: Introduction to Torts and Causes of Action 3 Purpose of the Law of torts 3 What is a Tort? 3 The Development of Torts 3 The Role of Torts 3 Insurance 4 Persons able to sue and be sued 4 Classifications of Causes of Actions 4 Trespass Actions 4 Actions on the case 5 Options between trespass and action on the case 5 Trespass to person 6 Battery 6 Assault 7 Defences
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2.3 2.4 Validity of Contract Breach of Contract Brad cannot sue Jennifer Brad can sue Jennifer 3. Can Angelina sue Jennifer? 3.1 3.2 Angelina cannot sue Jennifer Angelina can sue Jennifer 3.2.1 3.2.2 3.2.3 Contract (Rights of Third Parties) Act Tort of Negligence Rule of Agency 4. Can Brad sue Jennifer on 4.1 Action of Promisee on behalf of Third Party (Albazero Exception) 5. Conclusion 2 1. C ase Summary This case involves 3 characters‚ namely‚ Jennifer‚ Brad and Angelina. Jennifer
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TABLE OF CONTENTS I. Disclaimer II. Acknowledgments III. Table of Contents IV. Introduction V. Objective VI. Methodology VII. Case Study 1. Facts 2. Judgement * By the Trial Court * By the High Court * By the Supreme Court 3. Basis of Judgement 4. Case reference VIII. Sovereign Immunity 1. Journey of the Doctrine 1.1Pre Constitutional Era 1.2 Post Independence and Constitution of India IX. Sovereign Functions &
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Law of Tort Trespass to the Person Additional Problem Questions Question 1 A and B‚ two rather unkempt students‚ are passing the time of day in the street and are sharing a bottle of vodka. C‚ a businessman‚ is walking on the other side of the road when he starts to shout derogatory comments about A and B’s appearance. A moves towards C in a menacing manner and shouting obscenities‚ but is unable to cross the road due to the high volume of traffic. C leaves‚ returning ten minutes later carrying
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involve one of 3 areas of the law. What are they? Discuss what they cover and give an example of each. Property- Deals with the rights and duties of those who can legally own land. Contract- Deals with what kinds of promises courts should enforce. Tort- Types of cases that involve some kind of harm and/or injury between the plaintiff and the defendant when no contract exists. 5. What does precedent mean? A prior judicial decision that is either binding or persuasive‚ provides a rule useful in making
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defendant intended to shock the plaintiff but did not intend to injure him beyond a momentary‚ unpleasant jolt and ruled in favor of the defendant. Issue: Whether the electrical shock administered as a practical joke constitutes as an intentional tort‚ and if so‚ whether the employee may recover damages for the unintended and unforeseeable impairment of his occipital nerve. Holding: Reversed and remanded to the court of appeal with instructions Rationale: The issue at hand is whether
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Aspects of Contract and Negligence for Business The aim of this brief article is to set out some key aspects of contract and the tort of negligence using the following headings: • The relationship between the parties • The nature of the obligation • Causation and remoteness of damage • The measure of damages. Using the same headings should remind you of the key aspects of each of the two areas in such a way that you are less likely to confuse them. (The words ‘contract’ and ‘negligence’
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UNIVERSITI TEKNOLOGI MARA-FAKULTI FILEM TEATER & ANIMASI-ZOOM NOTES MALAYSIAN LEGAL SYSTEM+INTRODUCTION TO LAW Sources of Law: statutes‚ law reports‚ text books‚ religious beliefs‚ local customs‚ opinion of jurists Law & Morality:Overlaps/Differs from Society e.g-gayism/illicit samsu-S’wak/P’sular Law & Justice:Uphold justice & depends on locality e.g rampancy Federal Constitution (lex locci)/ Written Constitution Highest Law of the land Malaysian/human rights/liberty
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| |Week 7 |Complete Assignment 2 and submit it to your tutor for grading and feedback. | |Week 8 |Complete the study activities for Unit 6: Tort Law: Negligence and Professional Liability. | | |Call your tutor if you have any questions.
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enter contract therefore the court held that the plaintiff could set aside the contract as it was not favourable.4 Lastly‚ there is the law of Conspiracy. It states in the study guide that this law is committed when two or more persons commit the tort of conspiracy if they agree on a course of conduct to harm another.5 There are various elements to establish conspiracy. An example would be employees who plan to resign from their job at once and together‚ and depending on the situation‚ negatively
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