Index Frame Bird: A Confusion between Property Rules and Liability Rules [2] [1]‚ John P. Palmer "It just doesn’t matter." Bill Murray in the movie‚ Meatballs In Bird [Winnipeg Condominium Corporation No. 36 v. Bird Construction Co. Ltd.] [3] ‚ the members of the Supreme Court of Canada made three points quite clear. First‚ they do not understand the distinction between property rules and liability rules. Second‚ they do not understand how incentive effects operate in the economy. Third‚ they
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If an employee commits a tort‚ the employer is vicariously liable and can be sued in damages. The plaintiff can sue the employee or the employer. It does not matter that the employer did not personally commit the negligent act. However‚ to succeed against the employer‚ the plaintiff
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The story of one of the most famous worker’s compensation cases‚ Karen Silkwood vs. Kerr-McGee‚ was the inspiration for hundreds of articles‚ several books‚ televisions shows‚ and a movie. In the early 1970s‚ Silkwood worked as a lab analyst in an Oklahoma Kerr-McGee plant which manufactured plutonium pins used as fuel for nuclear reactors (The Karen Silkwood Story‚ 2004).. Plutonium‚ a radioactive chemical element‚ is known to be highly toxic and carcinogenic. Silkwood‚ an elected union official
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defendant who admitted liability for negligence only and applied the Civil Liability Act‚ awarding damages totalling $1‚388‚615.20 and no exemplary damages were given. This appeal was made with the admission that the dentist has committed an ‘intentional’ tort and thus the Act does not apply‚ leaving the court free to award exemplary damages. Issues The submissions by the appellant raised three issues which produced questions concerning the vitiation of consent and the award of exemplary damages. Whilst
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bitten a shard glass hidden in the burger‚ cutting the roof of her mouth badly. She was later rushed to the hospital. In advising Sarah‚ it is clear that that there is likelihood that she will succeed if she goes to court. Her claim will be based on the tort of negligence‚ the Duty of care‚ the Standard of Care‚ the breach of duty and accidental injury. The liability for accidental injury is governed by the law of negligence which both justifies recovery of compensatory damages in terms of proof of the
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damage from which A must take care to save B harmless.” The kind of damage received goes to whether there is a duty or not. The Common Law draws a distinction between consequential economic loss and pure economic loss. Majority of cases looked at in Tort Law; the claimants are suing for money. Economic Losses are purely financial and fiscal losses suffered. The key distinction is as follows: Consequential Economic Loss - Personal injury and property damage may have economic consequences e.g. loss
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2105AFE – INTRODUCTION TO BUSINESS LAW – Semester 1 2013 LECTURE PLAN Students should complete the readings each week prior to the lecture. Reading references are to the customised text (Gibson‚ A.‚ & Fraser‚ D.‚ Introduction to Business Law Custom Book 5/E (2012) - (ISBN: 9781486010875). | | |Readings | |Week |Topic
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members of society generally or tends to make then shun or avoid him. [1] The tort of defamation protects a person’s interest in his reputation. If the defendant had made an untrue statement‚ or what amounts to a statement‚ which is defamatory of the plaintiff‚ the plaintiff has a right of action against him unless the defendant can establish one of the special defenses available to an action for defamation. Since the tort of defamation protects the plaintiff’s reputation‚ and since reputation depends
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against its own interests. When another company owns the rights to a web domain that suits BugUSA’s needs‚ it faces the challenge of how to acquire the domain with as little hassle and as much protection as possible. A robbed vendor may present new tort liabilities for BugUSA‚ and we explore potential defenses. Finally‚ an injured police officer may have further claims against BugUSA in light of the company’s manufacturing decisions. A. Define the different type(s) of legal protections BUG should
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INTERNAL ASSIGNMENT ON LEGAL REASONING SKILLS State of Rajasthan vs. Vidhyawati and Kasturilal vs. State of U.P. 8/13/2013 N. NAGENDRA RAO AND COMPANY VS. STATE OF MADHYA PRADESH – In this case‚ the appellant carried on the business in fertilizer and food grains. Huge stocks of food grains‚ fertilizers and other commodities were seized by police authorities. The appellant represented to the state authorities several times that fertilizer be sold otherwise it would become useless. No
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