The commons

Issue 1: Duty of Care The first issue involved in Michelle and Rebecca case is, did Michelle the defendant owe the plaintiff Rebecca duty of care under law of tort when Michelle offered Rebecca a ride home when she was drunk. Duty of care is referred to the legal responsibility which is compulsory to any individual that requires the reasonable care when performing any act that could direct or indirectly harm others. An essential element of duty of care is foreseeability. Rule 1 In relation…

deal reasonably, with integrity and not unpredictably or randomly. There are two important steps in good faith performances. The first step is acknowledging that good faith comes from an underlying number of various rules that stem from traditional common law, and that demonstrates the importance and duties of good faith in a contract. The second step is recognizing…

Paragraph 3 – Against Wrongful life should not be recognised as a compensable tort in Australia. The High Court has been wary of making decisions about what kind of actions are compensatable since the case of Distillers Co. (Biochemicals) Ltd v Thompson (Laura Anne) [1971] which was a case arising due to the effects of thalidomide. In recent years the case of Harriton v Stephens [2006], has been the benchmark for decisions of wrongful life. In this case there was a claim for wrongful life by…

confusion. We can help! Call our office now for a free case evaluation. Legal Terms Used in a Personal Injury Case As you go through the process of filing a personal injury claim, you are likely to encounter many terms. Below are some of the most common legal terms used in a personal injury case. Negligence (Fault) – Negligence is used to describe the actions or the failure to act…

Trial by Jury What is a Jury? – A jury can be simply defined as a body of people that are sworn to give a verdict on a particular matter that is submitted to them. Also a jury is a group of people that attends in judgement not only upon the accused but also upon the justice and humanity of the law. Role of a jury – The jury fulfils a very important function in the legal system. The jury decides the facts of a case and their directions. You are entitled to be tried by the jury unless the alleged…

considered to have superior cognitio to animal species, recent studies have concluded that many chimpanzees have a strong working memory with recollection skills superior to that of humans. Introduction: 1 Humans and chimpanzees have both descended from a common ancestor 6-7 million years ago. As humans gradually evolved from chimpanzees, and genetic changes came about, behavior and physical characteristics changed as well. By studying…

number of situations, injuries resulting from school laboratory or technical activities are especially prominent due to the nature of those classes and the dangerous chemicals, technologies, and tools in use. Most educators would like to believe that common sense and good judgment would keep them clear of a lawsuit, but in today’s litigious society, it is well known that anyone can be sued. Because of this fact, it has become imperative that professional…

Business Law The English Legal System This assignment will look at the English legal system. It is fairly complex and there is a hierarchy between civil courts and criminal courts. As far as the past 500 years the system has keep evolving, such as the law of precedent. In order to complete the essay successfully, this essay will find out what is law and how the law systems work in the country. It will attempt to understand the difference between public law and private law and the…

As per paper presented by Warren Spencer at Texas City Attorney’s Association Semi Annual Meeting June 13-15, 2007, the costs associated with handling civil liability lawsuits are considerable. False arrest, unlawful detention, excessive force, assault & battery, unlawful search, unlawful seizure, inadequate supervision, improper strip searches, and inadequate training of staff associated with criminal justice are some of the possible causes of such liability . Often we read news reports…

gratuitous concurrence can be drawn from the context of the cross-examination. The defence counsel a non-indigenous man is a person in authority, a barrister. The witness in this case being cross-examined is an indigenous women. This context is a common source of a power imbalance. When a question is asked Moira’s responds on several occasions agreeing to what has been said.…