...Capacity to Contract: The Indian Contract Act vide Section 10 stipulates that the parties to a contract must be competent to contract. Section 11 of the said Act determines persons who are competent to contract. It states "Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject." It can thus be determined that the following persons are incompetent to enter into any agreement:-- * any minor * any person of unsound mind * any person disqualified by law to which he is subject. The age of majority has been determined by the Indian Majority Act, 1875 which states "Every person domiciled in India shall be deemed to have attained his majority when he shall have completed his age of eighteen years, and not before. In the case, however, of a minor of whose person or property or both a guardian has been appointed by a court, or of whose property the superintendence is assumed by a court of wards, before the minor has attained the age of eighteen years, when he has completed the age of 21 years." Section 12 of the Contract Act determines when a person is said to be of sound mind. It states "A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. A person,...
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...VOLENTI NON FIT INJURIA When the plaintiff brings an action against the defendant for a particular tort, providing the existence of all the essentials of that tort, the defendant would be liable for the same. The defendant may, however even in such a case avoid his liability by taking the plea of some defence; Volenti Non Fit Injuria is one amongst them. WHAT IS VOLENTI NON FIT INJURIA Volenti non fit Injuria or the defence of consent, when a person consents to the infliction of some harm upon himself, he has no remedy for that in tort. In case the plaintiff voluntarily agrees to suffer some harm, he is not allowed to complain for that and his consent serve as a good defence against him. No man can enforce a right which he has voluntarily waived or abandoned. Consent to suffer harm may be expressed or implied. Volenti non fit Injuria is a defence of limited application in tort law. A direct translation of Latin phrase “Volenti non fit Injuria” is to one volunteer, no harm is done. Where the defence of Volenti non fit Injuria applies it operates as a complete defence absolving the Defendant of all liability. The defence of Volenti non fit Injuria requires a freely entered and voluntary agreement by the Claimant, in full knowledge of the circumstances, to absolve the Defendant of all legal consequences of their actions. Let’s understand this with the help of a case law , in this case plaintiff was a spectator at motor car race being held at Brookland on a track owned...
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...also feeling equally independent and free. Communication and boundaries are the two major parts of a healthy relationship. Two people in a relationship with each other should be able to feel free enough to voice their opinions. Communication allows partners to treat each other with respect, speak openly to one another with thoughts and opinions, feel heard when expressing feelings, listen to each other and compromise, do not criticize each other, feel supported to do things they like, and celebrates each other’s accomplishments and success. Boundaries are what each partner should express to one another with regard to sex life, finances, family and friends, personal space, and time. A relationship with boundaries in a healthy relationship should: Allow each other to spend time with friends and family, do not abuse technology to check on a partner, trust each other and not require their partner to “check in”, do not pressure the other to do things that they don’t want to do and do not constantly accuse the other of cheating or being unfaithful. Healthy relationships also require consent from each partner no matter what the situation is. Consent is just a onetime thing it is ongoing, just because you have given consent for something before doesn’t mean you will again. Also saying yes to one act doesn’t mean you have the authority to free pass and do other acts on that person as well. Being in a relationship with a person doesn’t make consent automatic, which means just because you’re...
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...Memorandum To: Partner From: Associate Re: Gorski v. Clifton, Potential Intentional Infliction of Emotional Damages Claim Questions Presented I. Do comedian Tony Clifton’s abusive verbal remarks and conduct toward Bob Gorski constitute extreme and outrageous conduct that goes beyond the tolerable bounds of society, where Clifton ridiculed Gorski’s looks, weight, ethnicity and intelligence, threw him off of the stage, and poured a glass of water on his head? II. Even if such conduct can be considered extreme and outrageous, was it legally permissible given that they occurred during Clifton’s comedy routine, and Gorski volunteered to go up on stage even though he knew that Clifton’s act was of a course and demeaning nature, but where Clifton arguably went beyond what Gorski could have anticipated by volunteering? Brief Answers I. No. Clifton’s actions against Gorski were insulting and damaging. However, the conduct is not of a degree that the courts would seem to recognize as extreme and outrageous, particularly because Gorski voluntarily submitted to Clifton’s authority and cannot claim to be especially susceptible to emotional distress. II. Yes. Even if Clifton’s conduct is extreme and outrageous, the circumstances surrounding the act make it legally permissible. Statement of Facts Our client, Bob Gorski, seeks to recover damages for intentional infliction of emotional distress (IIED) allegedly caused by the conduct of comedian Tony Clifton...
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...Imperial Chemical Industries Ltd v Shatwell House of Lords LORD REID, VISCOUNT RADCLIFFE, LORD HODSON, LORD PEARCE AND LORD DONOVAN LORD REID. My Lords, this case arises out of the accidental explosion of a charge at a quarry belonging to the appellants which caused injuries to the respondent George Shatwell and his brother James, who were both qualified shotfirers. On 8 June 1960, these two men and another shotfirer, Beswick, had bored and filled fifty shot holes and had inserted electric detonators and connected them up in series. Before firing it was necessary to test the circuit for continuity. This should have been done by connecting long wires so that the men could go to a shelter some eighty yards away and test from there. They had not sufficient wire with them and Beswick went off to get more. The testing ought not to have been done until signals had been given, so that other men could take shelter, and these signals were not due to be given for at least another hour. Soon after Beswick had left George said to his brother “Must we test them”, meaning shall we test them, and James said “yes”. The testing is done by passing a weak current through the circuit in which a small galvanometer is included and if the needle of the instrument moves when a connexion is made the circuit is in order. So George got a galvanometer and James handed two short wires to him. Then George applied the wires to the galvanometer and the needle did not move. This showed that the circuit...
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...Giles to assess the outbreak of hepatitis. However, this research spanned over a period of fourteen years and involved a host of healthy children. Krugman and Giles were only focused on finding out the natural cause of the disease not what they were doing to the children. Krugman and Giles decided that in order to get more accurate data about hepatitis, they needed to have children who didn’t have the disease to be infected with hepatitis. So this way they could follow the hepatitis step by step. In order for them to do this they approached the parents who had their children on the waitlist for Willowbrook. Krugman and Giles led these parents to believe that giving them consent to inject hepatitis into their child it would prevent them from getting hepatitis. However, that’s not what happens. Krugman and Giles weren’t giving...
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...Under the criminal law of England, a husband could not be criminally liable for raping his wife until 1991. This exemption was principally based on the proposition of Hale, in his legal commentary: ‘… the husband cannot be guilty of rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given herself up in this kind unto her husband which she cannot retract’.[1] This proposition suggests that by marriage a wife gives her irrevocable consent to sexual intercourse with her husband under any circumstance. The same line of thinking was proposed by Hume[2] in the criminal law of Scotland. The propositions of Hale and Hume were appropriate considering the status of women in the 18th century. At that time married women were completely submissive to their husbands. The first case in which marital exemption was applied is that of R v Clarence[3] in 1888. In this case the judge argued that the husband could be liable only for assault. A similar judgment was held in R v Jackson[4], where it was argued that in case a husband has intercourse with his wife against her will, he should not use violence, otherwise he is to face charges on wounding or causing bodily harm. The use of violence during the attempt is the mean of achieving the act of raping, which is the most aggravated form of violence these assaults could lead to, therefore, these decisions are obscure. The ambiguity of these decisions rests in the fact that the judges...
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...was being used to collect the victims information and stalk the victim. And upon our investigation, posing as the victim the offender once again sent the victim a message via IM. That conversation allowed the officers to trace the computer to the offender’s job at the probation department. So because the suspect Jacob Myers works at the probation department and he has been the one previously stalking the victim there is enough probable cause to search his work computer and put surveillance because now he is using it outside of doing work. In this case the suspect’s supervisor Michael Henderson has consented to employing only surveillance on the internet usage of the suspect and the law that supports that is the third party consent. In a third party consent an officer can search a suspect’s information, computer, etc if the third party has sufficient legal authority over the place or thing they...
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...world. In general, CASL requires consent before sending “commercial electronic messages” and requires that all such messages meet certain form and content requirements. This seems simple, but as always, implementation can be complicated. This article explains the legislation and walks through some real-world scenarios to demonstrate compliance. On July 1, 2014, a majority of the provisions of one of the strictest anti-spam laws in the world came into effect: Canada’s Anti-Spam Legislation (CASL)1. CASL prohibits the sending of a commercial electronic message (CEM) to an electronic address unless the person to whom the message is sent has consented to receiving it and the message itself complies with prescribed form and content requirements. A CEM is defined broadly as an electronic message (e.g., email, text message, social media message) designed, in whole or in part, to encourage participation in a commercial activity, whether or not the person who carries it out does so in the expectation of profit. In general, consent to receive a CEM must be express. To be valid, a request for express consent must be sought separately (i.e., must not be subsumed in a request for consent to the general terms and conditions of use or sale) and must set out “clearly and simply”: 1. The purpose for which consent is being sought 2. Specific information about the person seeking consent and, if applicable, the person on whose behalf consent is being sought 3. A statement...
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...Discuss the fairness of the award of damages in negligence when the defences of volenti and contributory negligence are raised. Firstly when looking into the fairness of these two subjects we need to have a greater understanding, then they can be applied to the various areas of law however we are only interested in them when awarding damages. Volenti, or volenti non fit injuria which means ‘to one who volunteers, no harm is done. When volenti is applied it means the defendant is clear of all liability. Within volenti there are three requirements of the defence that are needed to be displayed which are voluntary, agreement and knowledge. Voluntary refers to the fact that the agreement must be voluntary for this defence to succeed. Agreement refers to the fact the agreement through the defendant’s action or statement must have been consented to. Finally knowledge is referring to the fact that the defendant must have had full knowledge to the extent of the risk. Next there is contributory negligence, this is where the claimant has contributed to the injuries they have suffered due to them being negligent. This is due to the fact they have ignored the obvious risks displayed. Like volenti there are certain requirements for the defence of contributory negligence however there are only two, the claimant didn’t take care in the situation...
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...2012 Until the early twentieth century, the age of consent, the legal age at which a girl could consent to sexual relations, was in most states the age of ten or twelve. In one state, Delaware, the age of consent was as low as seven years. In the late nineteenth century, women reformers sought to raise the age of consent to sixteen years. The campaign consisted of mostly white middle class women who believed male sexual privilege was dangerous toward the young girls who men took advantage of. In the late nineteenth century, women were increasingly becoming more involved in society, getting hired for more and more jobs. As opposed to earlier in the century when women were strictly working around the house, many women had jobs in factories, office buildings, and schools. This put them in a situation where male co-workers and employers would seduce them into having sex. Reformers believed that wage-earning girls, lacking protection of the home, were often lured into “White Slavery.” White slavery, as described in the text, is a system of “prostitution in which women were bought and sold, while other girls were left to suffer a fate worse than death: the loss of their virtue.” Since women were often brought up in ignorance to sex and relationships, men were able to take advantage of them. While white middle class women were the bulk of the campaign, other activist groups shared concern over the age of consent. The suffrage movement supported the cause because they...
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...Common Rape Myths There a lot of myths that people have heard about rape. These can range from she really wanted to have sex with me and was just saying no to tease me, to rape rarely happens to who know each other. These are false statements and that is why it is important for women as well as men to be informed of the myths so that they do not let things happen to them or someone they know. Just so we all know Rape is defined as: Sexual activity that takes place without any consent. One of the most common myths is: Women invite rape by dressing provocatively. This is a myth. No man should touch a woman unless she consents to it. Just because a woman carries a purse does not mean that she is asking to be robbed nor does dressing provocatively invite someone to rape a woman either. There are men that can be in the nude with a woman and not touch her because he has respect. I think that if someone raped someone because of what they were wearing then it is because they were already looking for it and they just happen to cross paths with someone that looked good enough for them. Usually in cases such as this one, the man does it simply for sexual motives. The more the man focuses on his own wants and ignores those of the woman, the more likely he is to commit rape (Bushman et al., 2003). This way they do not have to have a guilty conscious and can simply focus on their own pleasure. Another rape myth is: “she really wanted it”. This seems to be the...
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...respect for life, liberty and to be cared for. There will be a demonstration of understanding the theory of deontology while recognizing the importance of ethical principles in relation on the delivery of individual patient care. Informed consent will be highlighted in detail to provide validity and factors involved. A reflection will be provided to detail the understanding of how ethical theories contribute to the ethical decision making process in clinical area. Also a brief discussion will be given to show what has been gained from producing this essay. Consent can be defined as an agreement to allow something to happen based on full disclosure of facts needed to make an intelligent decision (Hazel 2002). This includes the knowledge of risks involved, benefits and consequence of refusal. Informed consent not only requires that a person be given all relevant information required to reach a decision regarding their treatment. According to (Dimond 2002). The person should have the capacity of understanding the relevant information and does in fact give consent or a procedure is performed on a patient without informed consent the trust might be liable in the court of law . The following factors should be considered to have valid consent the person should be an adult...
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...importance of informed consent in research. Most people have the expectation that they will be treated with respect and as autonomous individuals. They also expect that they have the right to make decisions about what will and will not be done to them and about what personal information they will share with others. However, researchers also are aware that there are circumstances in which obtaining and documenting consent in social and behavioral research may be a complex, and often challenging process. For instance, potential subjects may be fluent in a language but not literate. Researchers may need to deceive research subjects in order obtain scientifically valid data. Asking subjects to sign consent forms linking them to a study about illegal activities could put them at risk of harm. The federal regulations provide sufficient flexibility to address some of these concerns, particularly for research posing no more than minimal risk of harm. For example, the regulations allow waivers of and alterations in the requirements for the consent and documentation processes. Learning Objectives By the end of this module you should be able to: • Distinguish between consent as a process and the documentation of consent. • Recognize the elements of consent. • Determine when waivers are appropriate. • Identify methods for ensuring comprehension of consent. Overview of Informed Consent Federal regulations require researchers to obtain legally effective informed consent from the subject...
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...Quiz #5: Client Rights and Counselor Responsibilities 1. Informed consent generally implies that the person: a. does not have the capacity to consent. b. verbally gives consent. c. has been persuaded or coerced to sign the consent form. d. has the capacity to consent and has freely, without undue influence expressed consent. 2. ___________________ to give informed consent means that the client has the ability to make rational decisions. a. Comprehension of information b. Voluntariness c. Capacity d. Willingness 3. Written consent forms should NOT include: a. a discussion of how a managed care system will affect the treatment, if applicable. b. a detailed description of what will occur in therapy and a guarantee that the client will resolve their issues. c. a statement describing the counselor’s theoretical orientation and how this will affect treatment. d. clarification pertaining to fees and charges and procedures for filing for insurance reimbursement. 4. Henry is seeking counseling through his managed care provider. Ethically, he needs to be informed that a diagnosis: a. can become a permanent part of his file. b. of a severe emotional problem will exclude him from getting services. c. is not required if he does not give his approval. d. will in no way influence the course of his treatment. 5. Most ethical codes specify that therapists should: a. be available to their clients even when they are on vacation. b. inform clients that their...
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