expansion of constitutional torts in India. TABLE OF CONTENTS Definition of a tort 5 Liability of a state 5 Article 300 6 Evolution of Constitutional Tort 7 Need For Constitutional Torts 8 Ubi Jus Ibi Remedium 9 Injuria Sine Damnum 9 Essentials for Constitutional Torts 9 Differences between constitutional tort and private
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------------------------------------------------- Mens Rea (Blameworthiness) Introduction Duff = “responsibility is a necessary but not a sufficient condition of liability” An actor is responsible when they are sufficiently blameworthy in causing the harm or committing the wrong = we blame those who have control over their actions (committing a crime is a mental process) * MR is the guilty mind. Note that it is not necessarily a moral/culpable judgment‚ and there can be involuntary MR e.g.
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As a result of Lydia’s actions‚ Danielle and Gemma have died. Therefore‚ the extent of Lydia’s criminal liability for their deaths must be explored. Lydia’s culpability for their Murders must be explored before lesser offences of manslaughter can be considered. The majority of law pertaining to Murder is found in the Common Law‚ rather than being defined in statutes like a great deal of criminal offences. Murder‚ as defined by Lord Coke‚ is when a man of “sound memory” at the age of “discretion”
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Garden Club Guests and Liability Nicola Grover Professor‚ Theresa Dike November 27‚ 2011 LEG 300 The difference between an invitee and a licensee is the level of duty of care owed to each by the landowner. A person who enters the premises of a landowner by invitation‚ as part of the general public for a lawful purpose‚ would be considered an invitee. The landowner must provide an invitee reasonable care to keep the invitee safe from harm. This means the landowner must be aware of impending
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What is the legal issue in this situation? It is stated that every teacher has a responsibility to ensure to the fullest extent possible‚ that the school building and grounds are safe for students to utilize (Essex‚ 2012). Even though the teachers were outside with the students‚ their attention was not fully present. They can be liable for a breach of duty‚" based on the nature of the activity for which the educator is held responsible. Different activities require different levels of supervision"
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Chan Faat goes over to the father and says‚ “Here’s another one for you.” He then punches the father in the face causing a red mark. The police are called and Chan Faat is arrested. Using the 8-part test discuss in full the possible criminal liability of Chan Faat. (60 marks) ANSWER GUIDE A.1. Nobody has died‚ so do not discuss ‘fatal offences against the person’. Discuss only the ‘non-fatal offences against the person’. Chan Faat may be guilty of both Wounding with intent contrary to
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Statutory rape is a strict liability crime. It is defined as “sex between an adult and a minor below the age of consent at the time the offense takes place” (Uslegal.com). This also includes persons who lack the ability of consenting to sex because of physical and mental incapabilities. The Model Penal Code lists Statutory Rape as‚ “male who has sexual intercourse with a female not his wife‚ or any person who engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse
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Pioneer Health Services‚ Inc. APPLICATION FOR EMPLOYMENT An Equal Opportunity Employer Referral Source:_________________ We do not discriminate on the basis of race‚ color‚ religion‚ national origin‚ sex‚ age‚ or disability. It is our intention that all qualified applicants are given equal opportunity and that selection decisions be based on job related factors. Answer each question fully and accurately. No action can be taken on this application until you have answered all questions. Use blank
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predominantly sell hamburgers‚ various types of chicken sandwiches and products‚ French fries‚ soft drinks‚ breakfast items‚ and desserts. In most markets‚ McDonald’s offers salads and vegetarian items‚ wraps and other localized fare. The product liability lawsuit that I will discuss is Liebeck v. McDonald’s Restaurants. This case got national recognition and became a flash point in the debate in the U.S. over tort reform after a jury awarded $2.9 million to Stella Liebeck. In February 1992‚ Seventy-nine-year-old
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