1.Lochgelly v mc mullan A miner was killed when part of the coal mine that he was working in fell on top of him. The man’s family successfully sued for damages under the Coal Mines Act 1911 (c 50) s 49 (repealed)‚ which required that an employer must ensure that the roof of every coal mine is made secure and not order an employee to work there if it is not. The coal mine owners appealed the decision‚ but their appeal was dismissed as it was held that the initial action was competent as their negligence
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This paper will discuss the hypothetical scenario and case problem 4.4 and its implications on unintentional tort or negligence. It can be found on page 124 of our textbook Business Law Today: Essentials‚ written by Roger LeRoy Miller and Gaylord A. Jentz. As read in the case‚ “Kim went to Ling ’s Market to pick up a few items for dinner. It was a rainy‚ windy day‚ and the wind had blown water through the door of Ling ’s Market each time the door opened. As Kim entered through the door‚ she slipped
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1. Causation General Test Barnett v Chelsea Hospital [1969] 1 QB 428: P drank some tea which had been laced with arsenic and he presented himself at D’s hospital since he was vomiting. D told him to leave and call his own doctor. P died‚ but it was unclear that even if he had been admitted to the hospital he would have survived. P’s widow sued for negligence. The court held that there was proximity since P had presented himself at D’s hospital‚ and that D was negligent in not treating him.
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case law to answer these questions. 1) For purposes of liability Of land occupiers‚ what class of entrants is Joey considered part of? What are the rights of this class of entrants? What special rule or doctrine could potentially lead to Mr. Jones’ liability to Joey? Abnormally Dangerous Activity: An undertaking that cannot be performed safely even if reasonable care is used while performing it and for which the actor may face strict liability for any harm caused. The courts currently use a list
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LECTURE: VICARIOUS LIABILITY LIABILITY FOR INDEPENDENT CONTRACTORS A person hiring an independent contractor may be liable for the negligence of the independent contractor in carrying out extra-hazardous or dangerous operations where the activities were exceptionally dangerous whatever precautions were taken. Honeywill & Stein-v-Larkin Brothers [1934] 1 KB 191 Balfour-v-Barty-King [1957] 1 QB 496‚ [1957] 1 All ER 156 Biffa-v-Maschinenfabrik Ernste Hese [2008] EWCA Civ 1257‚ [2009] 3 WLR 324
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There are natural remedies for depression that are successfully used by health care professionals. Quite a number of people living with depression day to day don’t want to depend on synthetic prescription antidepressant drugs prescribed to them by doctors for help. When looking at the possibility of being on medication for life‚ many people who suffer this condition are turning to natural remedies for depression. They would rather find natural treatments for depression that will help them cope
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! ! ! Liability for Negligence! 1. The Duty! PURE ECONOMIC LOSS ! Neighbour Test (Donoghue v Stevenson): Care must be taken to avoid acts Salient Features Test (Perre v Apand): Neighbour test is not enough in cases of which you can reasonably foresee would be likely to injure your neighbour. Who are pure economic loss to establish a duty of care‚ which caused a need for further persons I ought to reasonably have in contemplation as I take an action/omission. tests to identify
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Tort law in environmental regulations Actions brought under tort law are amongst the oldest of the legal remedies to abate pollution. Most pollution cases in tort law fall under the categories of nuisance‚ negligence or strict liability.1 The rules of Tort law in India were introduced under British rule. Initially‚ disputes arising within the presidency towns of Calcutta‚ Madras and Bombay were subjected to common law rules.2 Later‚ Indian courts outside the presidency were required by Acts of the
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CAUSES OF CORRUPTION AND ITS REMEDIES Gangster "I’m thinking of getting back into crime‚ Luigi‚ - legitimate business is too corrupt" CORRUPTION: An act done with intent to give some advantage inconsistent with official duty and the rights of others. It includes bribery‚ but is more comprehensive; because an act may be corruptly done‚ though the advantage to be derived from it be not offered by another. Sometimes corruption is understood as something against law; such as‚ a contract by which
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n uc at io Ed fro m Pe ar so n Chapter 1 What is tort law? er m iss io n Key points In this chapter we will be looking at: ✦ What a tort is ✦ What kinds of activity tort law covers ✦ How torts compare to crimes and ✦ Some practical issues in tort law ✦ Tort and fault ✦ The relationship between tort law and human rights law ✦ The way the tort system operates in personal injury cases pr io rp breaches of contract ✦ How tort law is made wi th ou t Introduction Pr oo f s:
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