...Law of tort is a civil wrong other than a claim for breach of contract; and for which a right civil action for damages may arise. Negligence is defined by Winfield and Jolowicz as “Tortious liability arises from the breach of duty primarily fixed by the law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages”. (Roger, W.V.H., 2006) In Malaysia, the law of tort is largely derived from common law in England. In the law of tort, negligence is the most widely used tort in the legal system. In order for a claimant who is seeking for remedy to successfully bring a claim in a negligence case, they must first prove these 3 factors: * The defendant held a legal duty against the claimant. Therefore, the defendant owed the claimant a duty of care. * The defendant had breach of that duty. * The claimant are suffering damages resulted in that breach of duty. These three factors will sometimes be shortened as duty, breach and damage. Duty of care This important factor of negligence came from a famous case of Donoghue v Stevenson (1932). In this case, the claimant, Ms Donoghue went to the Minchella’s Wellmeadow Café in Paisley with her friend. Her friend ordered a bottle of ginger beer that was contained in an opaque bottle. When she poured the remained ginger beer, a decomposed snail came out with her ice cream. Ms Donoghue became ill as she has consumed the contaminated beer. She could not sue the café under the rule of...
Words: 7008 - Pages: 29
...Civil Justice Tutorial III i. What is proportionality and why is it so “new” in the Civil Procedure Rules? To extent does it different proportionality a. under the EHCR (Campbell case) to assess different right sets of rights b. after the Jackson reforms? Jackson is just in relation to costs – cases that are justly and in relation to proportional costs focus on the system as a whole Campbell v Mirror Group Newspaper Ltd (Costs) HL (2005) A model sues a newspaper for breach of confidence. The case go through HC and CA. On appeal to HL, Campbell solicitors and barristers work on a CFA basis (95% success fee for solicitors, 100% success fee for barristers. She wins case (3,5000 compensation awarded) + costs (1, 086, 295 inc. success fee of 279, 981) The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with details of her addictions and the treament she had received. Held: The law of confidence is now better characterised as misuse of private information. “The need to be free to disseminate information regarding Miss Campbell’s drug addiction is of a lower order than the need for freedom to disseminate information on some other subjects such as political information. The degree of latitude reasonably...
Words: 4143 - Pages: 17
...Criminal Offences Criminal offences are dealt with by the police, they will arrest the suspect for what criminal actions may be and then will take them to the station for questioning. They will either release the suspect without a charge, will charge the suspect of an offence or bail the suspect and they will return at a later date, the suspect can be cautioned. However after an arrest the arrestee may want to be granted bail, this will be given by the police if they choose to give this. The offences are categorized into three main headings; Summary offences, Indictable offences and either-way offences. Summary offences will be heard at Magistrates Courts and will involve actions such as motoring offences e.g. speeding, driving without a licence or valid licence, no insurance and drink driving. The maximum penalty for summary offences include a 6 month imprisonment, or a fine of £5,000. Indictable offences are the most serious cases that will be tried in the Crown Courts, e.g. murder. Either-way offences are offences that could be tried ‘either-way’ depending on the seriousness of the case; this could be tried in the Crown Court or Magistrates Court. An example of an either-way offence is theft. Cases that take place in a Magistrates Court are heard by Lay Magistrates or a District Judge, in the Crown Court the juries will make the final decision. A judge will also be present to see if the procedures are all done properly. A Court of First Instance is dealt with within the District...
Words: 1885 - Pages: 8
...i) Upon Julie’s arrest, she would first be taken to the custody sergeant, whose job it is to ensure that her initial detention is authorised, then the officer who arrested her would give brief details for the reason for her arrest. Then the custody sergeant will ask Julie questions such as her date of birth, or her height or address, by law Julie can refuse to answer these questions, but giving false details could result in obstructing a police officer. After this her rights will be detailed by the custody officer, these are the right to inform someone of her detention, the right to free legal aid before answering any questions, and the right to consult the code of practice. Julie would then be asked to sign a form confirming she has been read these rights. After the above steps have taken place, Julie would be searched to ensure that she is not carrying or concealing weaponry. This search would be carried out by an officer of the same sex, and would consist of a simple pat down; it is unlikely that Julie would be searched more thoroughly given the situation. The police could potentially ask to retain some clothes if it is felt that by retaining said clothes, it would provide evidence to the case, if this were the case, Julie must be provided alternate clothing. This incident is an example of an either way offence, as it could be trailed in the magistrate’s court, or the crown court, as a result of this, the police would have authority to conduct a search of Julie’s address or...
Words: 17051 - Pages: 69
...A. Intention Social/domestic nature: do not intent to create legal relation Balfour v Balfour (1912) husband n wife diff region(do not intent to legally bound), Wakeling v Ripely (1951) do have intent to legally bound, in reliance on the promise & serious consequences & evidence regarding parties intention.Commercial nature: intend to create legal relations: Edwards v Skyways Ltd(1964)(Employees & Company)(agreement was commercial, have intention) Carlill v Carbolic Smoke Ball Co( 1893)(Advertisement)(claim have money in bank and intent to pay for those who sick after use the product) .Leorard v Pepsico Inc (2000)(Advertisement)(PUFF)(no intention) Issue: Did the grandfather and granddaughter intent to create legal relation? Situations for rebutting: The nature of the document (if any) may indicate intention (eg if drafted by a solicitor) The agreement may expressly state that it creates legal relations (Rose & Frank Co v J R Crompton & Bros Ltd (1925)) The surrounding circumstances may indicate intention (eg Merritt v Merritt) One party may have changed position significantly in reliance on the agreement - the consequences are sufficiently serious (eg Wakeling v Ripley) B. Agreement : offer n Acceptance #1 Invitation to treat: invitation to other to make an offer (Advisements catalog: Carlill v Carbolic Smoke Ball Co, Advertisements are usually considered to be invitations to treat (Carlill v CSBC).(Display of good:Goods on display in a shop are not treated as an offer...
Words: 4854 - Pages: 20
...heater from City Mall Plc to heat his son’s bedroom. The heater was manufactured by Careless Plc. The heater wiring was defective and the defect caused a fire at chuck’s home, in the course of which, Chuck’s son was injured. Advise City Mall of their potential liability as well as that of Careless Plc. -------------------------------------------------------------------------------------------------------- Kris, a salesman from City Mall, called on Dolly. She invited him into her house to enquire about the latest designer bathroom suite. After several cups of tea Kris showed no signs of leaving the premises and, in order to get rid of him, Dolly signed an agreement for a new bathroom suite for £1500. In addition to this, Tammy, her daughter, who is 21 years of age, returned from City Mall stating that she had signed a credit sell agreement for a new TV and Blu Ray DVD Recorder for her...
Words: 6206 - Pages: 25
...I. INTRODUCTION – RISK MANAGEMENT The technique of risk assessment is used in a wide range of professions and academic subjects. Engineers "risk assess" bridges to determine the likelihood and effect of failure of components, and social welfare workers "risk assess" their clients to determine the likelihood of the reoccurrence of anti-social behavior. Risk assessment has become a commonly used approach in examining environmental problems. It is used to examine risks of very different natures. Definitions in risk assessment are all-important because of the wide range of uses of the approach, and different meanings of terms used by different groups of experts and practitioners. Hazard is commonly defined as "the potential to cause harm". A hazard can be defined as "a property or situation that in particular circumstances could lead to harm" Risk is a more difficult concept to define. The term risk is used in everyday language to mean "chance of disaster". When used in the process of risk assessment it has specific definitions, the most commonly accepted being "The combination of the probability, or frequency, of occurrence of a defined hazard and the magnitude of the consequences of the occurrence". The distinction between hazard and risk can be made clearer by the use of a simple example. A large number of chemicals have hazardous properties. Acids may be corrosive or irritant to human beings for example. The same acid is only a risk to human health if humans are exposed...
Words: 3800 - Pages: 16
...equitable remedy of injunction appropriate where public interest outweighing interest of private individuals Members of a village club played cricket in the evenings and at week-ends in the summer months on a small ground where cricket had been played since about 1905, when it was surrounded by agricultural fields. The ground was leased to the club by the owners, the National Coal Board, which in, 1965 sold part of the adjacent pasture land to the local council who in 1970 sold it to developers. A line of houses was built so sited that it was inevitable that so long as cricket was played on the ground some balls hit beyond the boundary would fall into the rear gardens or on to or against the houses, despite a six-foot concrete boundary fence. In 1972 the plaintiffs bought one of the houses the rear [1977] Q.B. 966 Page 967 garden of which had a boundary with the cricket ground. Soon after taking possession they began to complain of incidents causing actual damage to their house and apprehension of personal injury which interfered with their enjoyment of their house and garden whenever cricket was being played; and though in 1975 the club increased the height of the boundary fence to 15 feet, some balls continued to land in adjacent properties. in 1975 the plaintiffs brought an action claiming damages for negligence and alternatively for nuisance, and an injunction to restrain the club from playing cricket on the...
Words: 14113 - Pages: 57
...laws. See chapters 7 & 8. * A legal profession divided formally or informally into solicitors and barristers. See chapter 3. * A ‘common law’ system: * The system of law derived from the English legal system. Uses judicially decided cases as the basic form of law. See chapter 10. * The way that the law is made: Judges make law based on decided cases (precedents) and develop sets of legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common law’) and other areas of law, which came from the medieval Lord Chancellor’s role (‘equity’). See chapter 10. * Decision making in courts after an adversarial trial: derived from historical ‘trial by battle’ introduced by Normans. The battle has since then become a verbal one. See chapter 2. * A court system for dispute resolution: See chapter 11. However, Australian law has developed distinct characteristics of its own: * A federal system made up of a Commonwealth and States and Territories: separates out the powers of different bodies of government. See chapter 8. * A limited recognition of indigenous customary law: Mabo (No 2) held that native title to land could exist, separate from the common law and based on indigenous customary law. Other forms of recognition are ad hoc, but do exist: * Criminal justice system in NT carried out on a customary basis rather than...
Words: 29591 - Pages: 119
...Unit one: Principles of personal responsibilities and working in a business environment Assessment You should use this file to complete your Assessment. • The first thing you need to do is save a copy of this document, either onto your computer or a disk • Then work through your Assessment, remembering to save your work regularly • When you’ve finished, print out a copy to keep for reference • Then, go to www.vision2learn.com and send your completed Assessment to your tutor via your My Study area – make sure it is clearly marked with your name, the course title and the Unit and Assessment number. Please note that this Assessment document has 15 pages and is made up of 7 Sections. Name: Section 1: Rights and responsibilities at work This section will help you to evidence Learning Outcome 1: Know the employment rights and responsibilities of the employee and employer |Learning objective |Place in Assessment | |1.1 Identify the main points of contracts of employment |Question 1 Page 1 | |1.2 Identify the main points of legislation affecting employers and employees |Question 2 Page 2 | |1.3 Identify where to find information on employment rights and responsibilities both |Question 3 Page 3 | |internally...
Words: 3920 - Pages: 16
...could sign foreign treaties No natl army No executive No national courts Shays Rebellion Final spark for constitutional convention Constitutional Convention Philly 1787 Signed in Sept 39 out of 55 delegates Undemocratic Elements Slavery: 3/5ths compromise, no ban on slave trade till 1808 Fugitive Slave clause article IV, fed govt helps slates put down insurrections Senators chosen by state legislators No right to suffrage. Qualifications left to states President chosen by electors selected by state legislators Representation in Senate Ratification 9th State (NH) signed in 1788 Ri didn’t agree til 1790 Ny refused until bill of rights promised 9/9/15 Article I Creates Congress Makes laws House of representative and Senate 17 specific powers Elastic clause Art I Sec 8 Clause 18 Article II Executive Branch...
Words: 3907 - Pages: 16
...ordered and paid for a pear and ice and an iced drink. The owner brought the order and poured part of a bottle of ginger beer into a tumbler containing ice cream. May drank some of the contents and her friend lifted the bottle to pour the remainder of the ginger beer into the tumbler. On doing so, it was claimed that the remains of a snail in a state of decomposition plopped out of the bottle into the tumbler. May later complained of stomach pain, and her doctor diagnosed her as having gastroenteritis. She also claimed to have suffered emotional distress as a result of the incident. On 9th April 1929, Donoghue brought an action against David Stevenson, aerated water manufacturer Paisley, in which she claimed £500 as damages for injuries sustained by her through drinking ginger beer which had been manufactured by the defender. May had not ordered or paid for the drink herself, so there was no contractual relationship between May and the café owner. Tort law at this time did not allow for May to sue the café owner. There was a contractual relationship between him and the friend, but the friend had not drunk the ginger beer. Ginger beer was not a dangerous product, and the manufacturer had not fraudulently misrepresented it. At that time, those were the only two grounds for claiming negligence against a manufacturer. On the face of it, the law did not provide a remedy for May. On appeal to the House of Lord, Lord Atkin deliver his speech to the House of...
Words: 19909 - Pages: 80
...taken from the Thesis Submission Pack which is available from New South Q on the Kensington campus (download from or phone: (02) 9385 3093). ABSTRACT This booklet is designed to assist research students with the practical aspects of producing a postgraduate research thesis at the University of New South Wales. As well as providing advice in regard to the University’s requirements, formatting, layout, referencing and the use of information technology, this guide also describes what some students might regard as the more arcane and ritualistic aspects of producing a PhD thesis, in particular, those associated with accepted academic conventions. A section on posture and ergonomics has also been included to help you avoid the kinds of injuries that result from working on a computer for an extended period. This work is set out in a similar way to a PhD thesis. An example of a typical and acceptable format for both Masters and PhD research theses is also included. This work differs in layout from a PhD thesis, however, as it is printed on both sides of the page. This booklet is meant to act as a general...
Words: 12383 - Pages: 50
...customers, you need marketing. As your own marketing director, you have to make decisions about: 3. PRICING Every product or service has a price. In order to set a price, you need to consider: Distribution ■ Advertising ■ PR ■ Selling Your pricing strategy (Cost plus, Market minus, Penetration, Skimming, etc.) Customer service levels ■ How much are your customers motivated/influenced by price? Pricing ■ ■ The product or service ■ Your cost price calculations (including pricing your time) ■ ■ ■ 2. MARKET RESEARCH The better your market research, the smarter your decisions, and the more profitable you will be. Market research will: Whatever you decide, stick to it and do not be afraid to ask! 4. THE IMAGE YOU WANT TO PROJECT Your image determines how your customers perceive you. Does your image instil trust, is it helpful to your...
Words: 27477 - Pages: 110
... * RESTRAINTS ON SONGWRITERS AND OTHER ENTERTAINERS * IS RESTRAINT GOOD OR BAD FOR HEALTHY BUSINESS? * CONCLUSION ABSTRACT Agreement in restraint of trade is defined as the one in which a party agrees with any other party to restrict his liberty in the present or the future to carry on a specified trade or profession with other persons not parties to the contract without the express permission of the latter party in such a manner as he chooses. In other words “one in which a party agrees with any other party to restrict his liberty in the future to carry on trade with other persons who are not parties to the contract in such a manner as he chooses”. INTRODUCTION This research work deals with an area of law which under classical contract theory brought two principles into direct conflict. On the one hand, classical theory endeavoured to promote ‘freedom of contract’ – it is the parties who determine their obligations, and the courts should only intervene in exceptional circumstances. On the other, underlying classical theory was an acceptance that the ‘free market’, in which competition takes place between those seeking to make contracts, is the ideal economic framework for the operation of exchange transactions. What happens when the freedom to contract is used to restrict competition? The answer of...
Words: 7193 - Pages: 29
