Case law

The case of caparo and its establishment of a tripartite test in establishing a duty of care just the latest attempt by the judiciary to articulate a general test the establishment of a duty of care concepts of foreseeability and neighbourhood as mentioned by Lord Aitken in Donaghue and Stevenson. The basic premise of Capro is that in order for there to be liability in negligence three elements must be satisfied and those elements are foreseeability of damage, the relationship of proximity…

Thinking about Joshua Wong’s additional sentence: Rule of Law and Rule by Law in Hong Kong On January 17, a Hong Kong court sentenced Joshua Wong, one of the leaders behind the Umbrella Revolution, an additional 3 months imprisonment term. The reason for this was a failure to vacate when prompted, the commercial district of Mong Kok, which allegedly had “adversely affected” the normal pursuit of activities for normal citizens. The sentence, given by Andrew Chan of the High Court, was but one of…

The legal environment in the business is very vital in ensuring that business transactions are smoothly effected. Business law entails the local, state and federal laws that govern the creation and daily operations of companies. Both the employees and the employers have a responsibility in ensuring that they abide by the business laws within the business environment. For example, the employees must stick to the agreements in the employment contract and behave in accordance with business ethics.…

Sources of the Law in England and Wales Introduction Sovereign Body of Parliament has created the legislation in England and Wales. The sovereign body is three-layer legislation in which Queen plays a formal role, House of Commons creates legislation, which is referred as statues, lastly, the House of Lords, which acts as a supreme court in English law. English Law is one of the largest written laws in the world, and many countries have referred English Law to construct their law, and that is…

reversed. ISSUE: Whether housing code violations can be used as a defense to not pay rent. RULE: The standards set out by housing regulations hold an implied warranty of habitability; breach of this warranty voids the contract. ANALYSIS: An old tenet of law holds that the value of a lease rests…

store policy” to wear a headscarf. A federal agency, the Equal Employment Opportunity Commission sued on Elauf's behalf arguing that the store had discriminated on the basis of religion in violation of Title VII of the Civil Rights Act of 1964. This law makes it illegal for an employer to “refuse or fail to hire” an individual because of their religion, unless he/she is unable to reasonably accommodate a religious observance or practice. Abercrombie does not dispute that Elauf was denied…

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three fundamental cases which have affected the guidelines of employment contracts during their respective times, Lochner vs New York (1905), Coppage vs Kansas (1915), and West Coast Hotel Co vs Parrish (1937). The rulings in each of the three cases has allowed for new interpretations of the law, by the governing body. Three philosophers Machan, Cohen and Fried have agreeing and opposing views on each of these court rulings. Each philosopher has a different understanding of each case and…

The dynamics of Law dynamics are not always clear-cut. The complex entanglement of rules and exceptions to the rules illustrate the value of a legal education. For example, the hypothetical situation presented is complex. A renowned self-defense expert, Bond, prepares a blind simulated real-life scenario to illustrate to his students the gap between the classroom and reality. This simulation ends in a domino effect of chaos. Knight, a new student, attempts to defend Bond by stabbing his…

in a sea of acts parliament, delegated law, licences, rules and administrative policy. As authorities assumes accountability for and manipulate over greater and extra records of our society. However, the extent of legislation is mind- boggling. The upward change in pages of legislation and policies over the 30 year between 1970 to 2000. In this time periods, an extra ordinary…