Common bean

Breach of the peace Section 38 of the Act was desgined I itself to combat the amount of offences that would fall under Breach of the peace as Breach of the Peace is:— a crime at common law which was defined in Smith v Donnelly 2001 SLT 1007, Lord Coulsfield finally stated that, in the view of the High Court, it is “clear that what is required to constitute the crime is conduct severe enough to cause alarm to ordinary people and…

Case 5.2: Negligence on page 101 Negligence is defined as “failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.” (Law.com Legal Dictionary, 2017) “Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is the foreseeable consequence of his or her actions.” (Cheeseman, 2013, pp.91) To be a successful case of negligence, it…

1 Introduction The play Truculentus by Plautus is the oldest known source in which the word “obligare” is used, the root ‘lig’ indicates the binding of something or someone. The subject of law of obligations was introduced in Justinians Institutes by the following definition: “obligatio est iuris vinculum, quo necessitate adstringimur alicuius solvendae rei secundum nostrae civitatis iura”. This translates to the legal bond whereby an individual is constrained to perform an action according…

recklessness or even negligence to one or more elements in the actus reus. In Malaysia, strict liability can be defined as a legal responsibility for damages or injury even if the person is found strictly liable without his fault or negligence. Under Common Law, there are an aversion to impose strict liability most likely because of the absence of mens rea in these offences. A person is not considered guilty of a crime if the act of crime is done without guilty mind. It is called strict…

1. Volenti Non fit Injuria (consent) When a person consents for infliction of an harm upon himself, he has no remedy for that in Tort. That means, if a person has consented to do something or has given permission to another to do certain thing, and if he is injured because of that, he cannot claim damages. However, the action causing harm must not go beyond the limit of what has been consented. Consent, rather informed consent plays a major role in the medical profession. In a New York case…

Although there is no guidelines as to what exactly constitutes an indirect expropriation, there exists some approaches to determine whether indirect expropriation occurs or not. The following is the domain doctrines in the term of indirect expropriation. 3.2.1 Police Power Doctrine A number of tribunals have attempted to restrict the nature of the protection so that States will not be subject to claims for compensation where the regulation, which might otherwise be tantamount to…

Tortuous liability arises from breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages Sir John Salmond defines Tort as a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively…

A tort is a civil wrong that are done by one party against another or causes someone else to suffer loss or harm resulting for the person who commits the act. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are 4 elements to tort law which are duty, breach of duty, causation and injury. The first element is known as the “duty of care.” A duty of care arises when the law…

Personal Injury Attorney Defined A personal injury attorney is a professional who represents people who have suffered an injury due to the carelessness of an individual organization. Personal injury attorneys are sometimes referred to as plaintiff lawyers or trial lawyers. The personal injury attorney has two main objectives. One of those objectives is to hold the person responsible for the victim's injuries accountable for their actions. A personal injury attorney will also strive to make sure…

The Main Concepts in a Personal Injury Case Introduction No one personal injury lawsuit is exactly the same, however, the legal procedures are basically the same. In the legal industry, paralegals and attorneys use the verbiage, "fact pattern" to describe a case. For a personal injury case to exist, the fact pattern needs to have a person or persons to be injured in some way. This type of person(s) is known as the plaintiff. The plaintiff tries to seek legal redress from the party or parties…