LAW OF TORT PART– PART–ONE Objectives of this Topic By the end of the topic the learner should be able to: * D fi iti of tort and related t Definition f t t d l t d terms * The difference between tort and criminal law and tort and contract law * Understand the nature and liability of tort * Explain the functions of the law of torts * Explain the capacity to sue or be sued for various p p y individuals and entities * Understand the specific torts their defences and remedies available
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lawsuits arise from disputed facts‚ for one where the law is doubted of.” Was the traffic light red or green? Was it O.J. Simpson or somebody else who wielded the dagger? Find the facts and the law is usually easy…”1 Adrian Keane and Paul McKeown have noted down that evidence is merely information by which facts tend to be proved‚ and that the law of evidence is the body of law and discretion managing the means by which facts may be proved in court of law‚ tribunals‚ and even arbitrations where strict
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statutory procedures described in Chapter 9 and the rules of natural justice described in Chapter 10 determine the steps to be taken in pursuing the exercise of administrative powers‚ the present chapter is concerned with the rules of administrative law as they are developed and applied for the purpose of defining the scope of any functions conferred on an administrative agency. 11.2 Judicial Review of Substantive Powers It was seen in Chapter 1 that the High Court sets the limits of statutory
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Question 1: Issue The issue of this question is whether Samuel willingly entered into a legitimate sale of goods contract with the shop in Orchard Road. Rule of Law The law on this issue is found in the common law and under stature law. In Preston Corporation Sdn Bhd v Edward Leong (1982)‚ an offer was defined as a willingness to be bound by the terms of an agreement. Therefore‚ it is clearly stated that Samuel is willingly and has agreed to enter into a contract by signing on a receipt
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for collect collective bargaining? Rule of Law: Under Collective Bargaining‚ an employer and union must act in good faith and not change wages or terms and conditions of employment during the bargaining process. Application + conclusion: While consolidated stores was undergoing a unionization campaign‚ the management swayed the employees to reject the union by increasing their wages and providing them bonuses. Under collective bargaining‚ that is unfair labor practice because the management is interfering
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Role and Functions of Law Laws assist in many purposes in both business as well as society. The author will discuss the roles and functions of law in both business and society. This discussion will cover the different types of laws including statutes‚ common laws‚ treaties‚ ordinances‚ and executive orders. The author will also discuss the classification of those laws into criminal and civil law‚ substantive and procedural law‚ and public and private laws. There will also be a discussion
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1) Laws may be defined as a body of rules which are enforced by the state. There are two types of laws in Malaysia‚ those are written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislations. Besides‚ written laws refer to the law that is contained in a formal document and which has been passed by a person or body that is authorised to do so. In Malaysia‚ which has a written constitution‚ written law consists of the Federal and State Constitutions
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Aquinas on Law Aquinas talks about general law. Aquinas has definition of general law: “nothing other than a certain dictate of reason (rationis ordinatio) for the common good‚ made by him who has the care of the community and promulgated." According to Aquinas‚ the law is based on a reason. The purpose of a proper function of the law is to promote common good given out by the person who has a leadership. He talks about four types of law. These laws are eternal law‚ divine law ‚ natural
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Unwritten law is law that has not been enacted by the legislature (Parliament and the State Assemblies) and this law is not found in the written Federal and State Constitutions. This law is found in cases‚ which have been decided by the courts and local customs. Unwritten law is mainly comprised of: 1. English Law English law forms part of the laws of Malaysia. English law can be found in the English common law and rules of equity. However‚ not all of England’s common law and rules of
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Administrative law is the law that determines the organization’s powers and duties of administrative officers. It is the law relating to the administrative government. It concerns itself with public authorities and how they function. Administrative law is the body of general principles that govern the exercise of power by authorities. Wade defines Administration Law as the Law relating to control of government power.1 He further assets that the primary purpose of administrative law is to keep the
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