is the rose and the use of the garden and she would be likely successful in bringing a claim for personal injury here as she developed allergy from the emission of dust from the factory. David’s son‚ Wally may only sue Harrington & Nephew Ltd for a tort in negligence for the damage caused to the paints by chemical emitted from the factory. The next step is to consider any defences available in favour of Harrington & Nephew Ltd. The defendant company may raise the defence of prescription‚ which is
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Brad v Ada and Connie v Ada Assault Brad and Connie may have an action of assault against Ana. To obtain damages‚ Brad and Connie have to demonstrate that there was an intentional act or threat that directly places them in reasonable apprehension of imminent contact due to the direct acts of the defendant. In Rixon v Star City Casino Pty Ltd (2001) 53 NSWLR 98 (“Rixon”)‚ assault requires proof of an intention to create in Brad’s and Connie’s apprehension of imminent physical interference but does
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Business Law Final Denise Capalbo Chetum v. Knarles Issue: Defamation Rule: Under the common law‚ defamation requires a false statement of fact‚ of or concerning plaintiff‚ published to a third party and causing damages. Also‚ where defamation is about a public person or matter of public concern‚ the plaintiff must prove that the statement is false‚ and that the defendant either knew of its truth or acted with reckless disregard of the truth (malice). Analysis: Knarles’ statements
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Contract Law Assignment Advise Grab From looking at the facts laid out by Grab regarding the purchase of a sandwich shop‚ it seems that the most likely action is that of misrepresentation. A misrepresentation is defined at common law as "a statement of fact made by one party to the other party‚ which is false. While not necessarily forming a term of the contract‚ is yet one of the main reasons which induces the one party to enter into the contract" and is supported by the Misrepresentation Act
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Define who is an agent and give TWO (2) reasons why agents are appointed. GHL Fridman describes agency as ‘the relationship that exists between persons when one‚ called the agent‚ is considered in law to represent the other‚ called the principal‚ in such a way as to be able to affect the principal’s legal position in resects of strangers to the relationship by the making of contracts or the disposition of property’. The Australian High Court in International Harvester Co of Australia Pty
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Rights above and below land The concept of “land” only extends upwards to a height necessary for the ordinary use and enjoyment of the surface (Bernstein v Skyviews & General Ltd [1978])Trespass above land at lower levels: “not whether the incursion actually interferes with the occupier’s actual use of the land at the time‚ but rather whether it is of a nature and at a height which may interfere with any ordinary uses of the land which the occupier may see fit to undertake” (LJP Investments v Howard
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Ch. 7: Negligence: Elements of a claim: 1. D owed a duty of care to the P 2. breached that duty 3. Breach was the actual & proximate cause of the injury. Duty & Breach of Duty: 1. Person must act as a reasonable person would’ve in the situation 2. P must establish that defendant failed to act as a reasonable person would’ve 3. Defendant owed duty to plaintiff if he was among those who would foreseeably be at risk of harm from the behavior 4.Breach of duty: actions compared to those of a reasonable
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Fall 2012 Remedies Outline GENERAL PRINCIPLES GOVERNING DAMAGES COMPENSATION Harris v. Peters Compensatory damages are those awarded to a person as compensation‚ indemnity‚ or restitution for a wrong or injury sustained by him. The purpose of compensatory damages is to make the injured party whole and restore him to the position he was in before the loss‚ but not to enable him to make a profit or windfall. When personal property is destroyed or rendered useless‚ the measure of damages is the
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In this case‚ Nona was approached by Samseng on her way home after work. Samseng then threatened by pointed a gun onto her head and asked Nona to surrender her money. In order to take legal action against Samseng under assault‚ the issue must first be fulfilled the elements of assault. The first element of assault is the mental state of the defendant. In this case‚ the defendant has the intention to commit the assault on Nona. The intention of the defendant is specific as when the defendant acted
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responsibility." On the strength of the report given by the respondents‚ Hedley placed additional orders on behalf of Easipower which eventually resulted in a loss of £17‚000. Hedley then brought an action against the respondents for damages under the tort of negligence: Held: A negligent‚ although honest‚ misrepresentation‚ may give rise to an action for damages for financial loss even if there was no contract between the advisor and the advisee and no fiduciary relationship. The law will imply a
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