Slide 1 - Numyspace
... The Eurymedon 1975 The Privy Council (per Lord Wilberforce who delivered the opinion of the majority) held that the relationship between the shippers and the stevedores could be put to contractual analysis by regarding the bill of lading as a UNILATERAL OFFER that was accepted by the stevedores whe ...
... The Eurymedon 1975 The Privy Council (per Lord Wilberforce who delivered the opinion of the majority) held that the relationship between the shippers and the stevedores could be put to contractual analysis by regarding the bill of lading as a UNILATERAL OFFER that was accepted by the stevedores whe ...
Supreme Court of Canada Grand Trunk Pacific Coast Steamship Co
... from time to time in the course of executing what he has undertaken. The cases relied upon do not seem to me to touch the question. If the accident had arisen from something wilful on the part of respondent then one could hardly say that it had fallen within the scope of what in reason was within th ...
... from time to time in the course of executing what he has undertaken. The cases relied upon do not seem to me to touch the question. If the accident had arisen from something wilful on the part of respondent then one could hardly say that it had fallen within the scope of what in reason was within th ...
I. INTENTIONAL TORTS - Intent - purposefully causing elements of
... - Professional standard used when holding oneself out as a professional - reasonable professional - Objective standard - don’t consider training or abilities - not based on custom - Experts may testify as to what reasonable prof would do - not what he would do - Reasonable attorney must have adequat ...
... - Professional standard used when holding oneself out as a professional - reasonable professional - Objective standard - don’t consider training or abilities - not based on custom - Experts may testify as to what reasonable prof would do - not what he would do - Reasonable attorney must have adequat ...
Torts Outline - Blogs @ Widener Law
... b. Notice of dangerous condition may be established by circumstantial evidence, such as evidence leading to an inference that a substance has been on the floor for a sufficient length of time such that, in the exercise of reasonable care, the condition should have become known to the premises owner. ...
... b. Notice of dangerous condition may be established by circumstantial evidence, such as evidence leading to an inference that a substance has been on the floor for a sufficient length of time such that, in the exercise of reasonable care, the condition should have become known to the premises owner. ...
Word - Washington University School of Law
... but for cause of the harm (jury) and was breach of duty (judge). Only liability if failure was but for cause 3. reality is that most patients follow advice of doctor, but this protects the idiosyntractic patient who does not have he same values as most, and this is an info forcing rule to get info t ...
... but for cause of the harm (jury) and was breach of duty (judge). Only liability if failure was but for cause 3. reality is that most patients follow advice of doctor, but this protects the idiosyntractic patient who does not have he same values as most, and this is an info forcing rule to get info t ...
Torts Outline - UChicago BLSA
... intent, exhaust fumes fr bus cannot constitute offensive physical contact. iii. Wallace v. Rosen: consent assumed for all common and “reasonably necessary” contact in ordinary life. B. Consent a. Defense: i. Negates what would have otherwise been an intentional tort ii. To whom consent is given iii. ...
... intent, exhaust fumes fr bus cannot constitute offensive physical contact. iii. Wallace v. Rosen: consent assumed for all common and “reasonably necessary” contact in ordinary life. B. Consent a. Defense: i. Negates what would have otherwise been an intentional tort ii. To whom consent is given iii. ...
Damages - NYU School of Law
... *But note that in wrongful death and survival actions the victim’s pain and suffering is not included in damages—so limits the deterrent effect? but Jaffe’s argument against awarding pain and suffering damages: “Neither past pain nor its compensation has any consistent economic significance”… “It ...
... *But note that in wrongful death and survival actions the victim’s pain and suffering is not included in damages—so limits the deterrent effect? but Jaffe’s argument against awarding pain and suffering damages: “Neither past pain nor its compensation has any consistent economic significance”… “It ...
- UVic LSS
... plaintiff is adequate and fair; the legal/ultimate burden remains with plaintiff, but in the absence of evidence to ...
... plaintiff is adequate and fair; the legal/ultimate burden remains with plaintiff, but in the absence of evidence to ...
Products Liability
... Plaintiff sued the manufacturer, Buick Motor Manufacturer argued no duty owed to plaintiff because no contractual relationship ...
... Plaintiff sued the manufacturer, Buick Motor Manufacturer argued no duty owed to plaintiff because no contractual relationship ...
Torts analytical frameworks
... avoid risks of harm to others") -established by a statute? (think negligence per se) or custom? Breach? -did D exercise due care that a reasonable person would under the circumstances? -does D have any excuse/defense for violating the duty? -if yes, there may not be a breach - Polycentric issue: by ...
... avoid risks of harm to others") -established by a statute? (think negligence per se) or custom? Breach? -did D exercise due care that a reasonable person would under the circumstances? -does D have any excuse/defense for violating the duty? -if yes, there may not be a breach - Polycentric issue: by ...
Chapter 7
... ii. Today, many jurisdictions consider the negligent or intentional actions of both the plaintiff and the defendant when apportioning liability and damages. D. Commonly-Known Dangers i. The dangers associated with certain products are so commonly known that manufacturers need not warn users of those ...
... ii. Today, many jurisdictions consider the negligent or intentional actions of both the plaintiff and the defendant when apportioning liability and damages. D. Commonly-Known Dangers i. The dangers associated with certain products are so commonly known that manufacturers need not warn users of those ...
- UVic LSS
... However, if it is not the same, check whether proximity is still there. If it is NOT analogous, go to the new duty test Crocker: “The common thread running through these cases is that one is under a duty not to place another person in a position where it is foreseeable that that person could suffer ...
... However, if it is not the same, check whether proximity is still there. If it is NOT analogous, go to the new duty test Crocker: “The common thread running through these cases is that one is under a duty not to place another person in a position where it is foreseeable that that person could suffer ...
Manaster Torts Outline
... b. Different from the volunteer does step in, finishes his help, but did so negligently misfeasance ii. Special relationship with victim exception 1. Special relationships between D and P that may generate affirmative duty of care 2. NOTE: Don’t use this exception without explaining why it exists! ...
... b. Different from the volunteer does step in, finishes his help, but did so negligently misfeasance ii. Special relationship with victim exception 1. Special relationships between D and P that may generate affirmative duty of care 2. NOTE: Don’t use this exception without explaining why it exists! ...
Duty of a Railway Company to Care for a Person It Has without Fault
... should have been allowed to pass upon whether or not it performed this duty." New Orleans and N. E. Railway Co. v. Humphreys"4 is a case of a trespasser discovered on the pilot of an engine with his leg shattered and in a helpless condition. Employees carried him into the station and called a physic ...
... should have been allowed to pass upon whether or not it performed this duty." New Orleans and N. E. Railway Co. v. Humphreys"4 is a case of a trespasser discovered on the pilot of an engine with his leg shattered and in a helpless condition. Employees carried him into the station and called a physic ...
Modbury Triangle Shopping Centre Pty Ltd v Anzil and Another
... Modbury Triangle Shopping Centre Pty Ltd (‘Modbury’) owned the Modbury Triangle Shopping Centre in Adelaide. Anzil was a manager of a video rental shop in the shopping centre. At about 10.30pm on 18 July 1993, after closing the video shop, Anzil was walking to his car in the car park of the shopping ...
... Modbury Triangle Shopping Centre Pty Ltd (‘Modbury’) owned the Modbury Triangle Shopping Centre in Adelaide. Anzil was a manager of a video rental shop in the shopping centre. At about 10.30pm on 18 July 1993, after closing the video shop, Anzil was walking to his car in the car park of the shopping ...
CONTRACTUAL INTERPRETATION: SUPREMACY OF THE
... 2. The clearer the natural meaning of the words in the contract the more difficult it is to depart from it. 3. Commercial common sense is not to be invoked retrospectively. The mere fact that the natural meaning of a contract leads to a disastrous result for one party is not a reason for departing f ...
... 2. The clearer the natural meaning of the words in the contract the more difficult it is to depart from it. 3. Commercial common sense is not to be invoked retrospectively. The mere fact that the natural meaning of a contract leads to a disastrous result for one party is not a reason for departing f ...
Presentation On Power And Duties Of Directors
... and also responsible for doing wrongs. When we look at these matters from practical angle and at the way in which this artificial legal person functions; its corporate will is manifested, its decisions taken and its acts performed, we see that a company cannot do any thing at all except through the ...
... and also responsible for doing wrongs. When we look at these matters from practical angle and at the way in which this artificial legal person functions; its corporate will is manifested, its decisions taken and its acts performed, we see that a company cannot do any thing at all except through the ...
Answer
... consent. The medical practitioner may have had the best of intentions, and performed the operation to improve the patient's health, but in doing so without consent would have committed a battery. The chapter also introduces a number of new legal terms that you will find described in the text materi ...
... consent. The medical practitioner may have had the best of intentions, and performed the operation to improve the patient's health, but in doing so without consent would have committed a battery. The chapter also introduces a number of new legal terms that you will find described in the text materi ...
Information Systems
... beneficiary may recover, but other third parties may not. • Ordinary negligence? • Privity of contract? ...
... beneficiary may recover, but other third parties may not. • Ordinary negligence? • Privity of contract? ...
Anns/Cooper Test
... neighbor in law (Donoghue). In additional to reasonable foreseeability, a relationship of proximity must exist between A & B (Cooper). 1) Is _______ a foreseeable plaintiff? The reasonable hypothetical observer must have reasonably foreseen the likelihood that anyone placed in the position of the P ...
... neighbor in law (Donoghue). In additional to reasonable foreseeability, a relationship of proximity must exist between A & B (Cooper). 1) Is _______ a foreseeable plaintiff? The reasonable hypothetical observer must have reasonably foreseen the likelihood that anyone placed in the position of the P ...
Ch. 5 Law - PhilosophicalAdvisor.com
... them Some exceptions to that right to their own medical records exist, depending on jurisdiction (some do not have the right to notes taken in anticipation of a lawsuit, for instance) Parents generally have the right to view the medical records of their children ...
... them Some exceptions to that right to their own medical records exist, depending on jurisdiction (some do not have the right to notes taken in anticipation of a lawsuit, for instance) Parents generally have the right to view the medical records of their children ...
Document
... contributed to the harm he suffered. • Contributory negligence is often regarded as unfair because under the doctrine（法 律原則） a victim who is at fault to any degree, including only 1% at fault, may be denied compensation（賠償） entirely ...
... contributed to the harm he suffered. • Contributory negligence is often regarded as unfair because under the doctrine（法 律原則） a victim who is at fault to any degree, including only 1% at fault, may be denied compensation（賠償） entirely ...
the tort of
... of why tort developed. Torts are legal wrongs that one party suffers at the hands of another. Negligence is a form of tort which evolved because some types of loss or damage occur between parties that have no contract between them, and therefore there is nothing for one party to sue the other over. ...
... of why tort developed. Torts are legal wrongs that one party suffers at the hands of another. Negligence is a form of tort which evolved because some types of loss or damage occur between parties that have no contract between them, and therefore there is nothing for one party to sue the other over. ...
DISCLAIMERS AND WAIVERS OF LIABILITY : A SUMMARY
... In jurisdictions where the concept of waiver has legal force it is standard practice for a supplier to require a customer to sign a waiver form and not uncommon to find this in countries where the doctrine is not applicable. In the United Kingdom waivers have no effect whatsoever and they are of lim ...
... In jurisdictions where the concept of waiver has legal force it is standard practice for a supplier to require a customer to sign a waiver form and not uncommon to find this in countries where the doctrine is not applicable. In the United Kingdom waivers have no effect whatsoever and they are of lim ...
Donoghue v Stevenson
Donoghue v Stevenson [1932] UKHL 100 was a foundational decision in Scots delict law and English tort law by the House of Lords. It created the modern concept of negligence, by setting out general principles whereby one person would owe a duty of care to another person .Also known as the ""Paisley snail"" or ""snail in the bottle"" case, the facts involved Mrs Donoghue drinking a bottle of ginger beer in a café in Paisley, Renfrewshire. A dead snail was in the bottle. She fell ill, and she sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached, because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm of consumers.