Prima facie

The principles relating to the application of the doctrine of res ipsa loquitur in general, are well settled and applied consistently. The maxim Res Ipsa Loquitor, allows the claimant to succeed in action for negligence even when there is no evidence as to what caused the accident and whether it was attributable to negligence on the part of the defendant. It shifts the onus of burden to the defendant. In its shift from the general maxim of - ei incumbit probatio qui dicit, non qui negat (the…

2 Mean height of English Soldiers By this intuition, this implies that the standards-of-living over the period declined as the mean height of English Soldiers decreased gradually from 172cm to 167cm. Based on heights alone of soldiers then, the prima facie conclusion one could draw about Industrial Revolution was that it brought little or no improvements to…

The Government would have to pass a constitutional amendment before it can exercise a power to limit the freedom of speech of people, yes. The wording is clear, obvious & without ambiguity : "Congress shall make no law". When that stipulation was made part of the Constitution of the United States of America the power & force of that stipulation became higher than that of any congressional, executive, judicial body because it now exists as what I'll dub, a of 'a prirori' enactment. I disagree…

Question 1. (679 Words) Curnutt believes that the prima facie wrongness of animal-eating has not been defeated by additional factors which serve as the overriding reason. From his argument, David Curnutt claims that animal-eating is Ultima facia morally wrong. He further explains there are at least four grounds for overriding this wrong which is traditional-cultural, aesthetic, convenience, nutrition. Firstly, Animal-eating is a social practice that deeply embeds in the modern culture.…

In chapter seventeen of Jane Austen’s novel Sense and Sensibility, she depicts what appears prima facie as a failure to communicate within a family that ought to have no problems with communication between one and another. Each member of the Dashwood family experiences a breakdown of communication when they need and want it the most. Marianne followed be her mother and finishing with Elinor each have received a turn to communicate towards the ends of their own betterment, yet each successively…

Case Scenario 3: Related Case Childs v. Desormeaux, [2006] 1 SCR 643, 2006 SCC 18 (CanLII) Torts — Duty of care — Social host liability — Accident caused by guest driving his car after leaving party intoxicated — Whether social host owes duty of care to third parties who may be injured by intoxicated guest. After leaving a party held in a private home, D, who was then impaired, drove his vehicle into oncoming traffic and collided head‑on with another vehicle. One of the passengers in the…

not allow the fetus to have a future of value (premise 2), in which it could partake in experiences and activities that are “identical with the futures of adult human beings and… the futures of young children” (Marquis). Therefore, abortion is prima facie morally wrong (premise…

#1A) In his paper “Rights to Health Care, Social Justice, and Fairness in Health Care Allocations: Frustrations in the Face of Finitude,” H. Tristram Engelhardt makes a distinction between the unfortunate and the unfair. According to him, injuries, disabilities, and diseases arising from natural causes are considered unfortunate. On the other hand, those situations become unfair when brought about by the doing of others. Engelhardt also notes that the result of someone’s unfair action should not…

The formula for identification of chattel from fixture is recognised as being more simplistic to define in theory than to apply. The role of actual intention in determining the purpose of annexation is one area of particular contention. The historical position has been to ignore any impute from the respective parties regarding their actual intention, but modern courts have begun to see it in a more favourable light. Whilst acknowledging that when third parties are involved matters are more…

different in chromosomal structure and metabolism. Cheeseman wrote affidavits stating that there was no medical evidence that TCE caused leukemia in humans and the doctors signed them. Cheeseman wrote in his brief that Schlichtmann could not make out “prima facie case on causation.” To this Schlichtmann asked for a 30 day extension where he met with an immunologist experienced with legal matters as he has served as an expert witness in cases involving toxic substances before. This man was Dr.…