Donoghue v Stevenson

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.0 Introduction Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is awarded in damages. Tort law rests upon two principles that state that an act or omission by the defendant

Ronald Dworkin’s belief on interpreters engaging in constructive interpretation plays a central role in his jurisprudential reasoning. Such an interpretive approach offers a methodology for interpreting the social practice of law, texts and works of art, by “imposing purpose on an object of practice in order to make it the best possible example of the form or genre to which it is taken to belong” . With the aim of proffering a general theory of legal interpretation to guide judges lead to the “one

establish whether there is a relationship between the claimant and the defendant . This can either be a “special relationship” between the claimant and defendant, or if no such relationship exists case law serves to establish a relationship . In Donoghue v Stevenson [1932] AC 562 (HL) a friend bought the claimant a ginger beer in a café. The beer contained remains

1. The purpose and intent of The Wrongs Act 1958 (Vic) as it relates to torts The Wrong Act 1958 is a law most closely related to people 's daily life, that means it is a legislation dedicated to set lawful regulation when someone in Victoria suffers from injuries of kind, he or she shall be lawfully compensated for his injury that may related to financial losses. After hundreds of years of development, Anglo-American tort law has formed a very sound legal system with negligent torts occupies

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.

act is unlawful or dangerous. Although most cases involve some form of assault that requires intention or subjective recklessness, in DPP v NEWBURY (1976), the initial offence (which was not identified in the case) was surely of criminal damage, for which Caldwell or objective recklessness was formerly required. However, following R v G (2003), this kind of recklessness is no longer applicable. Gross Negligence manslaughter Gross negligence

1.0 Introduction This analysis has taken place in regards to the civil case of Moor v Liverpool Catholic Club Ltd [2014]. This case involves Moor the plaintiff accusing Liverpool Catholic Club Ltd the defendant of breaching their duty of care and simply failing to exercise the standard of care required by law. This case involves a civil wrongdoing. A civil wrong doing is generally a breach of a person 's rights. This generally associates with tort. This case involves a specific component of tort

premises. Visitor is some that is invited or permitted to be at the premises. Disabled visitors covered by the Disability Discrimination Act 1995. Cunningham v Reading FC 1992- stadium crumbling. Lump of concrete thrown by fans, hit police man on the head. Was foreseeable because of poor stadia. Reading found liable for negligence. Simms v Leigh RFC- rugby league player tackled but injured when he slid off pitch into concrete wall next to pitch. Club not liable because perimeter was regulated distance

confirmed that judges through their precedent, have often created new laws. In Attoreny-general v Butterwoth , lord Denning recognized that when there is a gab in the law, is the court's job to fill it. Similarly, Lord Edmund-Davies, claims that judges will continue to establish new laws as long as it is needed. In addition, he mentions literally that judges act as legislators. In British Railways Board v Pickin, lord denning argued that courts review the legality of the