MALICE IN THE LAW OF TORTS I MR. JUBTICE MCCARDIoEn ce complained about the word “ malice ” that it had been the subject of “ a regrettable exuberance of definition.”’ There can be little doubt that this complaint was justified. Despite the well-known division and discussion by Bayley J. of “ malice in fact ” and “ malice in law‚” ’ which can be taken as the starting point of modern analysis of malice‚ other judges have not hesitated to enlarge upon the possible meanings of malice‚ until
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payment that is a breach of condition. Therefore‚ the seller is entitled to repudiate the contract and sue for payment. In Hartley v Haymans [ 1902] 3 K. B. 475 the court was held that the time of delivery is a prima facie of the essence in commercial law. In Charles Rickards Ltd v Oenheim [ 1950] 1 K. B. 616 it was held that the notice had again made the time of essence. Section 61 of the SGA defines the delivery. In addition to‚ Yuippe requested Haks to make second delivery and would pay both instalments
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Chapter III Commercial Law I. General Definitions a. Commercial Law→ It designates the whole body of laws & regulations applicable to relations between persons engaged in commerce‚ business or commercial professions. b. Commerce→ The word “Commerce” means the exchange of goods‚ products or property of any kind. It includes: sale‚ purchase‚ exchange of merchandises. c. Internal and International Commerce→ Internal: it is the commerce carried on between individuals or corporations within the same
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Chapter-1 DEFINITION AND CONCEPT OF INTERNATIONAL LAW 1. Definition: International Law or the law of Nations as it was called‚ have been given many definitions. The understanding and the definition changed with the development of time. Here is the small effort to carve out certain important definitions as given by certain very famous scholars of their times. Oppenheim “Law of Nations or International Law is the name for the body of customary and treaty rules which are considered as binding by the
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FREE CONSENT FREE CONSENT According to Sec 10 of the Indian Contract Act one of the essentials of a valid contract is “Free Consent” Sec 13 defines “consent” as “Two or more persons are said to consent when they agree upon the same thing in the same sense”. According to Sec 14‚ consent is said to be free when it is not caused by: 1.Coercion 2.Undue influence 3.Fraud 4.Misrepresentation 5.Mistake COERCION According to Sec 15 coercion means “Committing or threaten to commit
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Mr. Marshall was cleared of the charges‚ Alexander Hickman‚ the then Chief Justice of the Trial Division of the Supreme Court of Newfoundland said "The criminal justice system failed Donald Marshall Jr. at virtually every turn from his arrest and wrongful conviction for murder in 1971 up to and even beyond his acquittal by the Court of Appeal in 1983‚ I really hope that at long last one Donald Marshall Jr. will stand high in the eyes of Nova Scotians‚ where he deserves to stand”; with that he was
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FORMALITIES Common law has no form requirements for contracts: oral contracts are enforceable Consequences of failure of complying with formal requirements vary from statute to statute but include penalties‚ fines and civil consequences ie. Non-enforceability of contract Legislation imposes formal requirements for certain types of contract (this goes beyond the common law) ; e.g.: Consumer credit (has to have warnings‚ and writing) Sale of motor vehicle (needs written work of purchasing car
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1.1 Almost every aspect of employment is covered by one or more laws‚ including: Handling and storage of information Equal opportunities Grievance procedures Health and safety Holiday entitlements Maternity/paternity pay Minimum wage Sickness absence and pay Working time limits Redundancy and retirement 1.2 Employment rights Equality and discrimination Health and Safety Data Protection 1.3 Legislation in relation to employment was created in order to prevent employers from abusing or
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I. PUBLIC INTERNATIONAL LAW • Law that deals with the conduct of States and international organizations‚ their relations with each other and‚ in certain circumstances‚ their relations with persons‚ natural or juridical (American Third Restatement). Basis of International Law 1. Law of Nature School – based on rules of conduct discoverable by every individual in his own conscience and through application of right reasons. 2. Positivist School – agreement of sovereign states to be bound
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LAW AND ETHICS IN MEDICAL PRACTICE: AN OVERVIEW Dr. HAU Kong-lung‚ Consultant Forensic Pathologist (Kowloon) Forensic Pathology Service‚ Department of Health Introduction Obviously‚ this was to protect the public from quackery. Fees for the doctors were paid by the State. If unsatisfactory results followed a course of treatment that had departed from the orthodox‚ the doctor responsible would be liable to punishment‚ which could be very harsh. Similar legal restrictions on medical practice
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