Introduction The essay is looking at what public bodies are for purposes of judicial review and why only such bodies are amenable to judicial review. In order to deal with the subject matter it is important to look at the definition of public bodies. Definition Under section 6(1) and (3) Human rights Act1 public authorities includes courts tribunals and anybody of whose function are functions of public nature. It can also be said that what constitutes public body is not whether the body is owned
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Tort law appears to discriminate between different types of defendant’s such as public entities‚ rescuers‚ children‚ manufacturers‚ etc. when establishing a duty of care and to whom. This is because the law of torts is a specialized area of the law that seeks to account for damages in a civil setting that may occur because of a breach of that duty. Further‚ much of tort law has been developed randomly‚ many times to fill in gaps that exist in the law‚ and at other times‚ it is influenced by public
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3. 4. 5. Introduction The general principles of liability for negligence Product liability Liability for negligent misstatement Vicarious liability THE LAW OF TORT (民事侵權法) 1. What is Tort? One party suffers damage or loss as the result of the action of another No need for a contractual relationship The law of tort regulates the behaviour of individuals and legal persons 2 1. Introduction Tort: “Wrong” (a civil wrong) Three main types: • Intentional torts (Beating
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Sources of Roman law Archaic Period Custom A law that was not written down. The cumstoms were so firmly established that they had acquired obligatiory force. The recognition of a custom was however not an exact science and jurists debated whether the custom could be called a law or a binding. Roman law was almost entirely customary in origin. Royal decrees The decree of the Kings had a direct binding force as law. Republic The twelve tables 451 BC Ten men were appointed to study
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The ABC of European Union law Professor Klaus-Dieter Borchardt The ABC of European Union law by Professor Klaus-Dieter Borchardt Klaus-Dieter Borchardt is a European Union official since 1987. He was Deputy Head of Cabinet and then Head of Cabinet for the Commissioner for Agriculture from 2004 to 2010. He is also an Honorary Professor at the University of Würzburg‚ where he has taught European law since 2001. The ABC of European Union law by Professor Klaus-Dieter Borchardt The
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duty to govern in accordance of law; the role of the courts as guarantor of legality and individual right‚ the priceless gift‚ subject only to constraints by law established‚ of individual freedom.”(Lord Bingham of Cornhill‚ The case of Liversidge v Anderson: the Rule of Law Amid the Clash of Arms‚2009) From my view‚ Lord Bingham expressed the importance of rule of law through the comment he gave in the case Liversidge v Anderson(1942).As he claimed in the rule of law that the right of the individual
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CHAPTER 1: BUSINESS ORGANIZATIONS 1. What are three types of business organizations? i. Sole Proprietorship - One man is in business for himself - No special rules governing sole proprietorship‚ - Treated no differently from anyone else at law - Use own to resources to provide skill‚ labor‚ capital‚ and other resources to run the business - Unlimited liabilities - Registered under Registration of Business Act 1956
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Laws of War The term "laws of war" refers to the rules governing the actual conduct of armed conflict. This idea that there actually exists rules that govern war is a difficult concept to understand. The simple act of war in and of itself seems to be in violation of an almost universal law prohibiting one human being from killing another. But during times of war murder of the enemy is allowed‚ which leads one to the question‚ "if murder is permissible then what possible "laws of war" could there
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of Law Law performs many functions and plays a central role in business and society. Melvin (2011) stated "A generally accepted generic definition of the law is a body of rules of action or conduct prescribed by controlling authority‚ and having legal binding force." (p. 4). Law is comprised of statutes and precedents‚ leading to rules that tell us how to act in business and society. Law continues to grow and expand and is open to reason and interpretation. There are several types of law: constitutions
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Natural Law 1. The "order of nature" interpretation of natural law is also known as "generic natural law". This interpretation of natural law is influenced by Ulpian’s idea of ius naturale‚ which is what man shares in common with the animals. The "order of nature" emphasizes human physical and biological nature in determining morality. This theory of natural law supports physicalism over personalism and is strictly biological. Physicalism understands nature as the viceroy of God and that the
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