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AS and A Level: Law of Tort

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  1. Marked by a teacher

    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.

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    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 [1990] 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.

    • Word count: 5505
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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.

    • Word count: 4334
  3. Law of Torts

    The LA owned the land and was responsible for cleaning the promenade. The claimant was injured because of disrepair, the water authority rather than LA was liable, thought both were occupiers. In the case of John, he is the occupier under the act 1957. The 1957 act gives a vague definition of what exactly amounts to a 'premises', section 1(3) states; 'fixed or movable structure, including any vessel, vehicle and aircraft'. From this definition I can say that John's house is amounts to a 'premises'. Under section 1(2) of the 1957 act all visitors are owed a common law duty of care, this may include friends making a social call, people invited onto premises for a purpose, i.e.

    • Word count: 4000
  4. I am the company solicitor for Everlasting Estates Ltd., and have been required to draft a report for the Board of Directors of Everlasting Estates, explaining the company's liability and any defenses which the company may rely on.

    Consent - This deals with the situation where the plaintiff has suffered damage through the negligence of the defendant, but has contributed to his damage through his own negligence. Abstract The two legal problems caused on site encountered by Everlasting Estates Ltd are: 1. The company was engaged to construct a new Sixth Form College for Mudtown Metropolitan Borough Council. One of their Heavy Goods Vehicle drivers, Bill Speed, whilst delivering building materials to the site, carelessly reversed his lorry and injured a fellow worker, Bob Thorpe.

    • Word count: 3117
  5. What is the meaning of intention in English criminal law? Is it always possible to distinguish between intention and motive?

    For the majority of offences, recklessness will suffice for a conviction, but some do require proof of an intent, including murder (an intent to kill or inflict grievous bodily harm), theft, burglary, and wounding with intent. For the distinction between murder and manslaughter, then, the law uses intention as its main method; thus the crime and therefore the sentence can differ considerably depending on the presence or absence of intention. EZELE Visit coursework ba in ba fo ba for ba more writing ba Do ba not ba redistribute EZELE There has been much controversy as to the proper meaning of intention in English criminal law.

    • Word count: 5845
  6. Murder, manslaughter, assaults, sexual offences and defences.

    He was only out to threaten James at first until he snapped. The Mens Rea of Section 18 of the OAPA 1861. There are two parts to section 18, it is an offence which has an 'ulterior intent'. First, the defendant must maliciously wound or cause grievous bodily harm. Maliciously means intention or recklessness. However, there is also the ulterior intent. The defendant must also intend Grievous bodily harm. Recklessness is not enough and the intention must be to cause grievous bodily harm (known as malice aforethought) not merely some injury or wound.

    • Word count: 3009
  7. In this report, the differences between contractual liability and tortuous liability are explained. In addition, nature of liability in tort of negligence is analyzed, including occupier liability, strict liability, health and safety issue

    ________________ 3.1. Tortuous liability and contractual liability 3.1.1. UK legal system The United Kingdom of Great Britain and Northern Ireland (UK) consists of four countries: England, Wales, North Ireland and Scotland with three distinct jurisdictions, each with its own court system and legal profession. The UK does not have a ?written' constitution and is made up of four main parts: statute law, common law, conventions, works of authority. Of these, statute law is the most important and takes precedence. Although the Queen is the Head of State, Parliament is regarded as the supreme law-making authority.

    • Word count: 6715

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