Facts: A Case of Cold Pizza Lee Chambers, the Defendant was driving 10 km over the speed limit while making pizza deliveries using the company van. To avoid hitting a dog, he had incidentally skidded sideways on a patch of ice and crashed into another vehicle. Alice White, the plaintiff who was not wearing a seatbelt at the time had suffered numerous injuries. The Plaintiff had sued Lee Chambers and Vinnie’s Pizza Ltd. for general and special damages along with cost of car repairs, and loss of income. Issue: 1) Is the defendant liable? 2) Does the defendant owe the plaintiff a duty of care? 3) Did the defendant breach the duty of care? 4) Is the defendant liable for personal injuries, damages, and loss of income? …show more content…
The next two elements are Causation and damages. These two elements tend to overlap and must be present for “negligence to be valid.” (Yates, Bereznicki-Korol & Clarke, 2011,p.153). To thoroughly explain, the plaintiff must provide legal evidence, on the balance of probability, that they have suffered injury or loss due to the defendant’s careless behaviour or materially contribution. However, “if the defendant is part of the cause of an injury, the defendant may be liable even though his act alone was insufficient to cause the injury.” ( Yates, Bereznicki-Korol & Clarke, 2011,p.154). The courts may also use the “Remoteness test” to determine if “the type of injury was foreseeable.”( Yates, Bereznicki-Korol & Clarke, 2011,p.154). This will address any issues that may have contributed to the extent of injury or loss. This is often known as Contributory negligence if the plaintiff in any way contributed to his or her own injury. According to Chapter 5 lecture notes, “if plaintiff is found to be careless, the judge will distribute the fault between the parties. As a result, damages will be adjusted accordingly.” Equally important, vicarious liability is another notion that must be kept in mind as well. This liability exhibits that “an employer is 100% liable for an employee’s tortuous act during the course of employment.” ( Yates, Bereznicki-Korol & Clarke, 2011,p.349). Argument: In this case, Lee Chambers, the defendant must prove
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Mr. Potbelly holds a garage sale at his home. Mr. Slim Jim stops by the sale and upon noticing a rare piece of art pottery offers a price of $100 for the art that is marked $250. Mr. Potbelly accepts Mr. Slim Jim’s offer. Mr. Potbelly informs Mr. Slim Jim he is selling his home because he is moving up north because he has lost his job. Mr. Slim Jim asks how much he is selling it for and Mr. Potbelly informs him he is thinking $75,000. Mr. Slim Jim offers him $70,000 cash for the property which Mr. Potbelly immediately accepts the offer. Mr. Slim Jim informs Mr. Potbelly that he will be back in one hour with a cashiers’ check made payable to Mr. Potbelly. Mr. Potbelly says “Great!” and that while Mr. Slim Jim
As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.
Generally, in order for the claimant to be eligible to file a civil case in Federal Court, they must exhaust all administrative remedies by filing with the EEOC. In addition, the claimant that is contemplating filing a lawsuit should assess their case for viability and the mandatory criteria. In fact, evaluation of the claims and knowing the answers to these questions before filing will save the claimant time and money.
On a beautiful Monday morning in February, I had an amazing adventure walking down to the Supreme Court of Ohio. It was a typical day in columbus; a sunny day with a nice breeze blowing slowly against my face as I walked twenty minutes with a bunch of my friends down the busy roads of Ccolumbus. Having absurd friends, they would fatuously point out to things they’d find absurd and make fun of it; like the guy that was walking down to the Columbus Commons without a jacket or a windbreaker. As we walked, I could spot the building from a distance first noticing the big carvings that read, “The Supreme Court Of Ohio”.
a) Distinguish between an IP address and a port address. Your answer should describe the general packet structure (with diagram), which layers of the TCP/IP-OSI relate to IP address and port address, and how the IP address and port address ensure correct delivery of the packet.
The doctrine of ‘vicarious liability’ is a public policy that holds employers liable when a tort is committed by an employee in the course of their employment. This means that a victim of a tort can claim compensation from the employee’s company if it is proven to
Case Study on Legal Proceedings Legal proceedings are a seminal example of a cultural performance. For this case study I observed Murder trial proceedings at the Supreme Court of New South Wales (Taylor Square) - September 2004 The performance of a legal proceeding; its content, manner, actors, audience and setting, all reflect certain cultural and societal traditions evident in the practice of age old English tribunals from which the Australian legal system has derived.
The doctrine of judicial precedent is at the heart of the Common Law system of rights and duties. Judicial precedent is concerned with the major of case law in the common law system, it had been described as the legal experience from lawyer’s term. The term of ‘precedent’ there is an implication that what was done before should be done again and which mean a good guide to follow and trying to solve a problem is to see what examples exist where this or similar problems have been tackled before.
This assignment explores a series of law problems in our daily life involving the form, the validity and the types of contract. It will refer to Sam’s case for getting a clear understanding of underpinning theories as well as estimating what Sam can do in those cases. In the assignment, the difficulties of Sam can be analyzed through three cases and summaries, some case examples can be cited as references to help explaining.
Judicial precedent is one of the unwritten law in Malaysia. The sources of law not only come from legislation but also from the cases decided by the courts. The courts in this context refer to the superior court in Malaysia, which are the Court Of Appeal, the Federal Court, High Court of Malaya and the High Court of Sabah & Sarawak.
It is difficult to give jurisprudence a definite definition. Every legal philosopher has his/her own concept. The jurists define jurisprudence as per their ideologies and understanding of the subject matter. The definition of jurisprudence also suffers from political and social factors. Majority of legal analyst view jurisprudence as subject of bewilderment and contempt. Twinkle, twinkle, little star, How I wonder what you are!  the last line of the rhyme describes the jurisprudence much better than the jurist definition's. Jurisprudence is the wonder which cannot be described like Physics and Chemistry. Romans were the first who started studying jurisprudence. The Latin equivalent of jurisprudence is "jurisprudentia" which means either "knowledge of law" or "skill in law". Ulpian defined jurisprudence as "the knowledge of things divine and human, the science of the just and the unjust". In the of "knowledge of law”, the word sometimes describes expositions of particular branches of law, e.g. the name 'Equity