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A Problem Question on Tort Law

>Question 1 Yes, Barack is liable to Theo-Paul under the tort of negligence. The negligence part of tort law involves unintentional harm caused by one’s carelessness. Proving negligence entitles the injured plaintiff to being compensation for the injury to their body, property, emotions, financial status, intimate relationships or reputation. One must prove the resulting harmso as to succeed in a bid tobe compensated in a negligence case. The case of Donoghue v. Stevenson [1932] lays the foundations of the fault […]

A Public Law on Devolution and Scotland

Assume that the UK Parliament has passed new legislation conferring powers on the UK government to determine, by Order, who has the right to vote in any UK referendum. The government is considering whether to make an Order extending the right to vote in the independence referendum to registered voters in England, Wales and Northern Ireland. The Scottish Government is furious and claims that this would be a breach of the Edinburgh Agreement and Sch 5, Part 1, para 5A […]

Arbitration in India

The rapid increase in trade, commerce and investment along with growing demand of asserting legal claims has led to streamlining of dispute resolution system in developing countries throughout the world. Litigation in many developing countries are confronted with numerous defects which have resulted in the evolution of the concept of alternative dispute resolution mechanism. With the march of time, the alternative forum of dispute resolution has gained importance and prominence in the world by empowering the ordinary litigants with promptness, […]

A Review of Keating’s ‘Distributive and Corrective Justice in the Tort Law of Accidents’

Gregory C. Keating [1] is a professor of Law and Philosophy at the University of Southern California and teaches legal ethics, seminars and torts in political and legal philosophy. He is also an editor of a torts casebook and writes on torts, legal theory and professional responsibility. In his Article ‘Distributive and corrective justice in the tort law of accidents'[2], Keating explains that the theoretical foundation of tort theory is torn between two competing conceptions, the justice conception and the […]

Human Rights International Law

Are there some human rights that are more ‘fundamental’ than others? “Fundamental rights”, “Fundamental freedoms”, “Human rights and fundamental freedoms” are buzzwords in contemporary international law. Regardless of the widespread usage of these ideas both in academic environment and in daily life, controversial debates, whether there are rights more fundamental than others, are still actual. World War II and the establishment of UN have been a statutory landmark in the history of human rights. The Classical period of international law […]

Article 370 of the Indian Constitution

ELEMENTS OF LAW PROJECT ARTICLE 370 OF INDIAN CONSTITUTION Article 370 which lie under the Part XXI of Indian Constitution showcases about the special rights and status given to Jammu & Kashmir State, stating it will enjoy different set of laws then the other states. This article looks after the Temporary and Transitional changes along with the special provisions for the benefits of state. It came into act in 1950, and the required changes are made by the president when […]

The Right to Privacy

Privacy, meaning the right to be left alone, has intellectual roots tracing back to the 19th century. On December 15, 1890, Samuel D. Warren and Louis D. Brandeis had their article “The Right to Privacy” published in the Harvard Law Review. This article was highly regarded as one of the exceptional examples of the effect legal journals have on American law, and was the first of many future law review discussions. “It is our purpose to consider whether the existing […]

A Simple Definition of a Trust

‘It is simply not possible to formulate a single, simplified definition of ‘a trust.’ “The word ‘Trust’ refers to a duty or aggregate accumulation of obligations that rests upon a person as a person described as a trustee. The responsibilities are in relation to property held by him or under his control. He will be compelled by a court in its equitable jurisdiction to administer that property in the manner lawfully prescribed by the trust instrument… As a consequence the […]

ASPECTS of CONTRACT and NEGLIGENCE for BUSINESS

ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Executive Summary: The reason of this study is to take in the essential genuine guidelines for which we can use in the sensible parts of business. The study is based on non-lawyers thusly we should give an adequate picture of the plans, for instance, the assent ion, thoughtlessness torts, break of conditions et cetera this is similarly valuable to grasp the taking in the true blue term used inside the business contracts. This […]

Aspects of Negligence of Contracts

Aspects and negligence of Contracts Task 1 Ali’s offer is a unilateral offer meaning that it is an offer to the world at large and that any person wishing to buy the rug can present himself to be the owner of the rug, at the same time the client should satisfy all the terms of the offer of Ali. This type of offer is seen in the case of Carlill v Carbolic Smoke Ball Co[1893] 1 QB 256 In this […]

The Veil of Incorporation

The veil of incorporation means there is a separate personality between the members and the company. Thus, protecting them from being personal liable for the company’s debt and other obligations. The members of the company are the shareholders, employee and director. Veil of incorporation will protect the members of the company by establishing a limited liability. This will protect their personal assets and wealth, and expanding the company’s venture. Undeniably, this will create a win-win situation for both the company’s […]

An Application of the Law on Trusts

INTRODUCTION A trust is an equitable obligation, binding a person (called a trustee) to deal with property owned by him (called trust property, being distinguished from his private property) for the benefit of persons (called beneficiaries or, in old cases, cestuis que trust), of whom he may himself be one, and any one of whom may enforce the obligation [or for a charitable purpose, which may be enforced at the instance of the Attorney-General, or for some other purpose permitted […]

The Buffalo Creek Tragedy

Topic: Buffalo Creek Paper In February of 1972, there was a collapse of a coal waste impoundment dam that was situated along the Buffalo Creek in Logan County of West Virginia. The flood that resulted killed one hundred and twenty-five people and caused damage of over fifty million dollars. The disaster to date continues to be one of the most deadly while at the same time preventable mining catastrophe. Following the Buffalo Creek dam collapse, three investigative commissions were established. […]

Memorandum on a Trust Deed

MEMORANDUM From: (Associates) To: (Partner) Re: Betty Bennett’s Trust Deed Date: January 09, 2013 I. INTRODUCTION The memorandum is prepared for the meeting with Betty Bennett, a client who intends to set up a trust for the welfare of her grandchildren. In the following analysis, each provision in the proposed trust deed is discussed in order to identify legal issues and problems which need to be solved or avoided. The relevant suggestions are provided, and other considerations which include questions […]

The English Legal System

Introduction to English Law Before the Norman conquest, different areas in England were governed by the different law system. The law system based on the local custom hence, the law is varied from place to place. Thus, the King had only little control over the country as a whole and there was no effective central government. In 1066, William the Conqueror gained England throne and established a strong central government and began to standardize the law. The main purposes were […]

An Introduction to English Law

Introduction to English Law English law is applicable to England and Wales, the legal system under the umbrella of the United Kingdom. The law has largely been built through their years of qualifications, knowledge and experience to create a regulation to allow the residents of these countries that want to live and they must be bound by the Tribunal. English court system structure determines its charge of the Supreme Court of Judicature. This include of High Court for civil case […]

An Introduction to Information Technology Law

Introduction to Information Technology Law Table of Contents Introduction The Dispute – Copyright infringement Definition of Fair Use What Did the Court Decide, and Why? Introduction Google’s Library Project, a solution launched in 2004 allowing users to find relevant books easier. This project is also known as Google Book Search. In this project, Google partnered with several major libraries to include their collections in Google Books by scanning and categorizing the booking electronically. Google books, allowing users to perform full-text […]

An Introduction to Malaysian Courts

1.0 Introduction to Malaysia Courts There is a hierarchy of courts in Malaysia which starts with the Magistrates Court as the first level, followed by the Sessions Court, High Court, Court of Appeal and the highest level of the courts is the Federal Court. A court is defined as the institution that the government sets up to settle disputes through a legal process (Reuters, 2014). The subordinate courts are Magistrates Court and Session Court whereas High Court, Court of Appeal […]

An Introduction to Trial Advocacy

Introduction to trial advocacy The history of trial advocacy cannot be correctly elucidated without a good understanding of trial advocacy. Formalists like Terence F McCarthy believe that trial advocacy entails the mechanism by which advocates become effective in trial proceedings.[1] They essentially limit the conception of trial advocacy to the formal teaching of courtroom forensics.[2] Yet on the other hand there are those who adopt a wider comprehension of trial advocacy to entail the daily skills of legal practice including […]

An Overview of the International Court of Justice

International court of justice History: The present history of global adjudication is, though, generally known as seeing from the alleged Jay Treaty of 1794 among the USA and Great Britain. This Treaty of Amity, Navigation and Commerce delivered for the formation of three assorted directives, consisted of American and British citizens in equal figures, whose job it would be to resolve a sum of exceptional queries between the two republics which it had not been probable to resolve by arbitration. […]

A Personal Reflection on Liebeck V McDonalds

Liebeck V. McDonalds: An Annoyance The McDonald’s hot coffee case is an event that most Americans claim to know about but many actually are unware of the facts. When I first heard about this lawsuit, I was working in a restaurant that ironically served a lot of coffee. I was eavesdropping on the server line and overheard a fellow employee’s comment, “did you hear about the lady who sued McDonald’s because she spilt coffee on herself, apparently she won a […]

A Potential Defamation Claim Advice

Matter: Prism Daily Probe article: Potential Defamation Claim by Derek Wheeton This memorandum sets out my advice concerning the article headlined “Crooked Local Businessman Cashes in on Charity Event” published on 17 October 2014 and the letter of claim received from solicitors acting for Mr. Wheeton dated 27 October 2014. You have asked me to consider the following matters: Whether the article is defamatory of Mr Wheeton including whether it meets the new s1 Defamation Act 2013 threshold (remember […]

Adverse Possession Dispute

Brief 199371 Adverse Possession Salchester City Council purchased the freehold estate in a large plot of vacant land in 1980. The title to the land is unregistered. The intention was to develop it as a state of the art sports complex. Unfortunately, ongoing disputes with Central Government about the availability of funding have led to delays and, at the present time (December 2003) the land remains undeveloped. Harrison Haulage Ltd runs their business from a depot immediately adjoining the Council’s […]

AFSPA an Alleged Failure

5. AFSPA an Alleged Failure. As per certain sections of the society, The AFSPA has neither solved the insurgency in the North East nor terrorism in J & K .Besides it is is disliked by the local public and hence warrants a review. In fact, as per critics of the act, the decision to review the act after public agitation speaks of Indian democratic strength, however failure to take this ahead indicates lack of political will. A test of a […]

Alternative Disputes Resolution Mechanism in India Law

In Article 21 of the constitution of India, it is been stated in the mandatory tone that no person should be deprived with his life and personal freedom except according to the method established by law. Further, the method mentioned in the Article is not some form of a procedure but it should be “reasonable, fair and just”. [1] Thus, the right to speedy trial has been rightly held to be a part of right to life or personal liberty by […]

An Agency is a Tripartite Agreement between a Principal, Agent and Third Party

Introduction The case took in concern here as the topic of discussion and evaluation of a historic case of controversy. The case was in the Queen’s Bench addressing the undisclosed liability of a business corporation conducts and hence files against the violation of the commercial law in United Kingdom. The case was hence in brief the linked with the dormant partner hiding the involvement of a third party liable for acts within the authority of the other partner. So many […]

An Analysis of Mandatory Injunctions

(ii) Mandatory Injunction: A mandatory injunction may be defined as an order of the court not only restraining a person from further wrongful acts but directing him further to restore, as far as possible, the former state of things. A mandatory injunction not only in involves prohibition but also imposes a positive duty on the defendant to do something. According to section 39 when in order to prevent the breach of obligation, it is necessary to compel the performance of […]

Power and Liabilities of the Karta

Contents Introduction…………………………………………………………….……………………3 People eligible to be Karta……………………………………………………………………3 Minor as Karta..…………………….………………………………….…………………3 Father as Karta…………………….………………………………….………………….4 Female as Karta before and post 2005……………………………………………………….4 Responsibilities of the Karta…………………….…………………………..……………….4 Powers and Liabilities of the Karta…………………….………………………………….…5 Power to manage family affairs ..…………………….…………………………..….……5 Powers to receive and use family income…………………….……………………….……5 Power to manage joint family business……………………………….…………….……..6 Power to Alienate…………………….………………………………….………….……..6 Liabilities of account…………………….………………………………….……….…….7 Power and liability to represent in suits …………………….……………………….……7 Power and liability to acknowledge debts…………………….……………….…….…….8 Powers to contract debts for family purpose…………………….…………………….……8 Power of Arbitration…………………….………………………………….………………8 Power […]

The Law of Agency in Malaysia

The basic concept of an agency is concerned about the relationship between one person, the principal and another, the agent where a principal entrusts the business to an agent and allows the agent to act on behalf of the principal in dealing with third parties according to Section 135, Contracts Act 1950. For example, Sabrina instructs Ivan to purchase some goods on her behalf, Sabrina is the principal while Ivan is her agent. Therefore, the agent is granted the authority […]

Law Reform Marriage and Divorce

Analysis of Section 88(2) and The Welfare Principle Section 88(2)[1] of the Law Reform (Marriage and Divorce) Act 1976 states that ‘In deciding whose custody a child should be placed the paramount consideration shall be the welfare of the child and subject to this the court shall have regard— to the wishes of the parents of the child; and to the wishes of the child, where he or she is of an age to express and independent opinion.’ Section 88(2) […]

Virtue Essays