Torts Assignment 2011 Semester 2 Fred v Ivan- Battery Battery is committed when there is an intentional‚ direct‚ and unlawful contact or without consent to another’s person. Ivan intentionally made unlawful contact with Fred when he thrust his hands into Fred’s pocket. It was apparent that although the contact was with his pants’ pocket rather than directly to the body‚ the contact did involve some element of forces and that ‘the least touching of another in anger is battery’. Hence‚ the element
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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 The man’s family successfully sued for damages under the Coal Mines Act 1911 (c 50) s 49 (repealed)‚ which required that an employer must ensure that the roof of every coal mine is made secure and not order an employee to work there if it is not.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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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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order to protect others from the risks of foreseeable injury‚ health problems or death at work. Identified in the case of Wilson & Clyde Coal Co. Ltd V English (1938). Common law duties were then set to provide and maintain: Safe place of work‚ safe means of access/egress Safe systems of work Safe appliances‚ equipment and plant Competent and diligent people - selection‚ training and supervision THE TORT OF NEGLIGENCE - breach of common law legal duty of care to exercise reasonable
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The hospital is only responsible for any injury to Mr. Jones as a result of improper care. Dr. Simon did not release Mr. Jones as he felt the patient’s condition might be detrimental to his health and emotional state. He may have felt that Mr. Jones was not stable enough to function outside the hospital‚ due to hallucinations and convulsions. However‚ according to the Joint Commission the hospital and Dr. Simon may be liable if they did not do everything possible to prevent Mr. Jones’ departure from
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Sophia Su 9/15/14 English Kelso Vicarious Thrills Ever since I started learning to read‚ it has been one of my favorite hobbies. I love to submerge myself into a book and get the chance to go on adventures I never can in the real world. Usually‚ when I get hooked on a good book‚ I can’t put it down. I’m not myself anymore. My reality becomes eclipsed by something as simple‚ yet complex‚ as words on paper. I begin to eat‚ sleep‚ and experience through the character in the tale. I am the character
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Many trial lawyers argue about the need for the tort reform. The tort reform is a cap that the civil justice system has placed on how much can be awarded in punitive damages. Many Americans see civil lawsuits as a waste of money‚ they believe that too much money is being given away. A lot of pressure is put on trial lawyers to not accept lawsuits that can be perceived as petty and frivolous. That is just it‚ though‚ any situation can be perceived in a completely different way. For example‚ having
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Problem Questions ------------------------------------------------- Question 1 Based on the question‚ the issue in the question is will there be a contract of sale of goods act 1895(SA) under s 1? Hence‚ the law is s 1 where a contract of goods is a contract whereby the seller transfers or agrees to transfer the property the goods to the buyer for a money consideration based on the case Toby Construction Products Pty Ltd v Computer Bar Sales Pty Ltd. The application is under s1 sale of goods
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Business Torts Pearl leos University of Phoenix Buisness Law/ 531 Kelly Dickson June 10‚ 2010 Proposed actions a company may take to avoid tort liability and litigation are vital to organizations. Proposed actions a company may take to avoid product liability risk may be a way out of liability issues. Assessing methods for managing legal risk arising from domestic and international regulatory matters is the best way to beat business torts. an integral aspect of a business liability practice
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the ex-warehouse delivery clause in the contract automatically removes any liability for Mr Wu. However‚ the police have found the theft to be an inside job‚ thus carried out either by Mr Wu himself‚ or his employees. Whilst Mr Wu maintains he was not responsible for the theft‚ any criminal worth their salt would continue to maintain their innocence even in the case of guilt‚ and thus we cannot be sure. The issue of liability could be reopened if
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