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AS and A Level: Law of Tort
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- Marked by Teachers essays 9
On the other hand in areas such as sex discrimination the first move was the Equal pay act 1970 this, however did not come into force until 1975 at the times time as the Sex Discrimination Act 1975 which is the foundations for the current legislative system. There are many current legislative protections in place all of which aim to make society for every individual open and without the restrictions brought with discrimination. These include the Equality Pay Act 1970, the Sex Discrimination Act 1975 as mentioned above.
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Taking selected areas of the civil and or criminal law, evaluate whether sportsmen and women are treated differently from the general public in proceedings that have their origin on the field of play.4 star(s)
This principle of reasonable foreseeability of harm and a close and direct relationship together with the element of 'is it just and reasonable' to impose such a duty is necessary to establish the existence of a duty of care in respect of anyone who has been physically injured. The duty test is expanded in cases such as Caparo v Dickman  1 ALL ER 568 In Caparo Industries v Dickman Lord Roskill commented that "it has now to be accepted that there is no simple formula or touchstone" in the formulation of the test for the existence of the duty of care.
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"The Nedrick/Woolin direction on intention manages to produce a clear distinction between intention and recklessness - Explain and discuss.4 star(s)
known to be of virtual certainty by the defendant for a conviction of murder to be upheld. Judges have always been reluctant to define the meaning of the word 'intention' as can be seen in Moloney4 when the House of Lords argued that judges should only explain that intention differs from 'desire and motive' and Lord Steyn put forward the view that 'it does not follow that "intent" necessarily has the same meaning in every context in the criminal law'. Although the Nedrick/Woollin direction on intention manages to produce a clear distinction between intention and recklessness, many leading writers such as Alan Norrie have questioned the nature of this clarity 'I argue that the law of indirect
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The neighbour principle was established in the case of Donoghue v Stevenson, this case was about a snail in the ginger beer bottle, its where two friends went out for a drink, friend of Mrs Donoghue ordered for a drink, as Mrs Donoghue started to drink from the ginger beer bottle a contaminated snail fell out of it, therefore Mrs donoghue suffered several injuries, Mrs Donoghue had no direct or indirect claim against the manufacturer based on contractual obligations because she did not purchase the product but yet she sued the manufacturer.
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it must be proved in each case that the defendant's actions were the cause of the victim's death. If the prosecution cannot link the defendant's conduct to the death, then the defendant must be acquitted. In other words, the prosecution must show that but-for the defendant's conduct, the victim would not have died. The case of R v WHITE (1910) 2 KB 124 - CA, where the 'but-for' cause was the heart attack not the poison, illustrates this point. Mens Rea is the mental element of an offence. For murder it is defined as "malice aforethought" (S.1 of the Homicide Act 1957)
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Mrs Donoghue poured the contents of her bottle of ginger beer over the ice cream and to her horror the remains of a decomposed snail slid out from the ginger beer bottle. Mrs Donoghue later claimed that she suffered gastro-enteritis as a result of consuming parts of the snail. Mrs Donoghue also claimed that she suffered a psychiatric injury as a direct result of her experience. The question then arose as to whom Mrs Donoghue could bring a civil action for damages against.
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Is the plaintiff the defendant's 'neighbour', to whom the plaintiff owed a duty of care? Lord Atkinson said that a neighbour is anyone that you might closely and directly affect by your actions. So it was established that the manufacturer did owe a duty of care to Mrs. Donoghue, in that it was up to them to make sure that snails did not get into their bottles of ginger beer, as it directly affected Mrs. Donoghue's well-being. From this legal precedent, I would say that Elvis harmed his neighbour, Freddy, negligently, because he did closely and directly affect his well-being by not taking into account what might reasonably happen when he carelessly dropped some bricks.
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There are two categories of intoxication, the first of which is voluntary intoxication, this is where the defendant chooses or knowingly takes a substance knowing it will cause him to become intoxicated, this depends on what mens rea is required for the offence the defendant is charged with. The defendant is not liable if taking a substance for medical reasons or taking a non dangerous drug such as a sedative. Voluntary intoxication is divided into two types: offences committed such as murder, criminal damage with intent to endanger lives, Sec 18, 24 of Offences Against the Person Act 1861(OAPA)
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NEGLIGENCE & DUTY OF CARE - The leading case in Negligence is the case of Donoghue v Stevenson (1932)
Mrs Donoghue could not sue the retailer of the ginger beer for breach of contract because she was not the one that bought the beer herself this is because the contract had been made between the retailer and her friend. She therefore sued against the manufacturer in tort as it was not worth suing the retailer who had only sold the drink to them. The neighbour test This was brought about by Lord Atkins in the case of Donoghue v Stevenson (1932).
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To determine fault the person in question must understand the nature of their actions, be able to exercise control over their actions and must have genuinely chosen to act as they did. These three requirements mean a person's degree of fault can be reduced if it can be said they are insane, in doli capax (incapable of a crime i.e. a child under the age of ten), or have acted under duress. The recognition of being insane or in doli capax clearly means that they were not able to fully understand the nature of their actions, whilst acting under duress results in them not being able to choose to act as they did.
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For example if someone was harmed in such a way that they were unable to work they would therefore claim for the money they could not earn. Or if the plaintiffs car was damaged the person would pay him/her whatever it cost to repair it. For some torts especially ones done on purpose which are known as intentional torts, the plaintiff might also ask the court to punish the defendant, the most common punishment would be to make the defendant pay for the cost of the damage they caused and then more on top of that.
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Three liability cases - Claim 1-- Auto Emergency Breakdown Service Claim 2- Santa Rosa Institution Claim 3: Finest Wine L
This means that a claimant must prove that the defendant acted intentionally or negligently and was, therefore, blameworthy. The defendant's reasons or motive for committing a wrongful act are generally not relevant to liability in tort. Because in this case, two men die, so we still talk about torts and crimes. Torts and crimes A crime is a wrong which is punished by the state; in most cases, the parties in the case are the wrongdoer and the state, and the primary aim is to punish the wrongdoer. By contrast, a tort action is between the wrongdoer and the victim, and the aim is to compensate the victim for the harm done.
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Discuss the meaning of fault on the basis for criminal liability. Explain and evaluate the impositions of liability without fault.
In R V Jordan, medical treatment did break the chain of causation due to the fact the defendant's actions were no longer the cause of the death due the fact the medical treatment was palpably wrong. However, in Cheshire, the chain or causation was not broken, despite the bad medical treatment due to the fact the defendant's actions were held to be of significant contribution to the death. However, causation alone isn't just needed to prove that the defendant caused the crime.
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DPP (1962) - offence of conspiracy to corrupt public morals, or R v. R (1991) - rape within marriage is a crime. Also, in contract and tort law, nearly all the main rules come from cases decided by judges. Many of them were made in the last century or so but still affect today law e.g. Felthouse v. Bindley (1863) - silence cannot be deemed as consent (acceptance of an offer) or the neighbourhood principles produced in Donoughue v. Stevenson (1932). So how can judge create law through the doctrine of precedent? The basic doctrine means every court in the UK is bound to follow any decision made by a superior court and in general, appellate courts are bound by their own decisions.
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The Storkwain Ltd case (1986) regarding the prevention of unauthorized drugs is an example. Further example is that of G (2006) when the D was charged under s5 of Sexual Offences Act 2003 with rape of a child under 13, even though he did believe on reasonable grounds that the V was 15. In contract law, strict liability can be found in the Sale of Goods Act 1979 (amended) or in the Supply of Goods and Services Act 1982. The use of vicarious liability in tort ensures that the employer is liable for his employee's negligence whether or not he knows or commits the tort (Poland v.
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Aristotle stated that the "rule of law is better than the rule of the individual." This portrays that the law simply reflects moral issues where the law seeks to uphold and promote moral values to a certain extent. On my opinion, without any moral beliefs there is no law. Law is based on what ought to be considered right and wrong; something which derives from moral beliefs. Law and morals share a close relationship as they work together to serve the community. This may be one of the reasons why law to this very day seeks to uphold and promote moral values.
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Kates case falls under civil litigation in the category of negligence. She was served a beer that had a rusty nail that caused her blood poisoning .She has a right to sue over the abuse of her consumer rights leading to personal Injury.
One would then wonder whether Kate is supposed to sue the Dublin bar owner or the beer manufacturer. Although one may see the bar owner and his staff at not being at fault because they buy and serve packed drinks from the manufacturer the law places consumer liability on both the manufacturer and other responsible parties in the chain of distribution. It is there fore the fault of not only the manufacturer but also the bar owner that Kate, a consumer of that beer was caused bodily. In fact, the law does not only place liability on the manufacturer for negligence in manufacturing the drink (since it hard to prove existence of negligence)
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I will write a little about Statute and European Law but I will concentrate on Common Law. Statute Law Statute law is also known as Acts of Parliament or legislation. It is the main way in which laws are created and changed in the UK today. It is done by it being discussed by the House of Commons, the House of Lords and then finally signed off by the monarch. (Holdsworth, 2006) European Law European law is law that has precedence over British law. The laws are created through the European Parliament and rulings made by the European Courts of Human rights.
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The claimant sought to recover its losses from the defendant bank on the basis of its negligent misstatement. The legal principle which also led to the development of the courts is that the House of Lords held that there were circumstances in which a person could be liable in tort of losses caused by a statement which he made if he did not take sufficient care to ensure that his statement was accurate or if he did not make it clear that he had taken no steps to ensure its accuracy.
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S.47 OAPA - Assault or Battery Occasioning ABH ABH: - Physical (DPP v Smith; T v DPP) - Any hurt or injury calculated to interfere with health/comfort of V (Miller) - Psychological (Ireland; Burstow; Constanza) - Must be medically proven and more than mere emotions (Chan-Fook) Occasioning: - Causation Q. Factual/Legal cause of the AB - Discuss Assault/Battery that CAUSED ABH. MR: - Intent/Subj. Recklessness as to the Assault or Battery. - No need for it to be intent/recklessness as to the ABH (Savage) S.20 OAPA - Unlawful and malicious wounding or inflicting GBH with or without a weapon.
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The availability of the defence of automatism for example reflects the fact that if D's conduct is truly involuntary due to an external factor such as a blow to the head, he will not be regarded as being responsible and therefore be acquitted. In R v T, the D who was charged with robbery and assault was suffering from a dissociative state as a result of being raped three days earlier. This was held to be an extraordinary external event which would allow the jury to consider the defence of automatism.
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- Light;Logdon - Apprehend only requires belief of force to be applied, no need to be frightened or rational (Ramos/Smith) - Immediate defined as 'Not excluding near future' so it is unclear when threat becomes a future threat, which is not an offence - Ireland didn't clarify when the assault took place Battery: - Man in street believes this is beating but Thomas said merest touching of clothing sufficed - Unclear if it can be committed by omission (Fagan;Bermudez) S.47: - Lacks clear definition as to ABH - Difference in Physical + Psychiatric ABH leads to injustice as to different level of injury - MR is constructive liability, creates higher liability out of lesser offence (Savage/Roberts)
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Over the course of the next six months D broke into W's bedroom with a loaded pistol, set fire to a friend's house, and eventually shot W as she met S outside the library where she worked. D was convicted of murder and appealed on the grounds that the judge's direction to the jury addressed only the possibility of provocation by S himself, and ignored the possibility of provocation by W. The Court of Appeal said the jury in considering provocation were entitled to look at acts or words emanating from a person other than the victim, but applied the proviso and upheld the conviction.
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Another defence of murder is diminished responsibility. It is not available for attempted murder. It is where even if a person kills or is a party to the killing of another, he will not be convicted of murder if he was suffering from such abnormality of mind. Before the 1957 Act, over 40% of murder trials involved a plea of insanity. Now most defendants will opt of the defence of diminished responsibility. Diminished Responsibility is easier to prove, than insanity sometimes relying on little evidence, for example in Price (1971) Defendant killed his severely handicapped son.
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Tort law. As Abdul invited his neighbours children to his house, this established the relationship between the claimant and the defendant. As they were invited to swim in the swimming pool, and they were children, he has a greater responsibility to take c
Following the three stage test from caparo v dickman, the first question that needs to be applied to this scenario is was the harm reasonably foreseeable? As Abdul had just finished cleaning around the pool, and the surrounding paving was quite slippery, some harm could be foreseeable, as even if Tom had walked he still may have slipped due to the pool only just been cleaned. As they were children that he had invited to swim in his pool, they are more likely to run in to the pool as the would be more excited to use it than an
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