... overhangs the highway. As a result, 2 months later the branch falls onto the highway and damages Oliver's car. Advise the parties Response Ingrid The Occupiers Liability Act 1957 is concerned with liability of an occupier of premises to his or her visitors. It ...

... was established: 1. Was the damage to the claimant reasonably foreseeable? 2. Was the relationship between the claimant and the defendant sufficiently proximate? 3. Is it fair, just and reasonable to impose a duty of care? It is often very difficult for the claimant ...

... brought into focus when an employer realizes that they are liable for many, if not most, of the behavior of an employee, and makes it becomes increasingly obvious that the type of employees one hires is very important. The use ...

... the defendant council was absent. She then tried in vain for some 10 to 15 minutes to try and attract attention by banging on the door and shouting, and by banging on the window visible to the outside world. At ...

... act etc of the company". The questions of whether a company can perform the necessary actus reus of murder (e.g. drive the lorry) and whether the company is capable of having the requisite mens rea (e.g. intent or recklessness), is ...

... shutters have been in place for several months, the pine begins to split. Lucy notices that some of the shutters are damaged and do not look very secure but she does nothing about it. On a particularly windy evening, one of ...

... even if that physical injury does not materialize. For the secondary victims, however, foreseeability of psychiatric injury remains a crucial ingredient. As a secondary victims they had to fulfill the stringent Alcock v Chief Constable of South Yorkshire criteria namely, that ...

... even if that physical injury does not materialize. For the secondary victims, however, foreseeability of psychiatric injury remains a crucial ingredient. As a secondary victims they had to fulfill the stringent Alcock v Chief Constable of South Yorkshire criteria namely, that ...

... even if that physical injury does not materialize. For the secondary victims, however, foreseeability of psychiatric injury remains a crucial ingredient. As a secondary victims they had to fulfill the stringent Alcock v Chief Constable of South Yorkshire criteria namely, that ...

... even if that physical injury does not materialize. For the secondary victims, however, foreseeability of psychiatric injury remains a crucial ingredient. As a secondary victims they had to fulfill the stringent Alcock v Chief Constable of South Yorkshire criteria namely, that ...

... ...

... these points there are cases that have taken them into consideration and implementation. If it is possible to find rationales or general principals for each of the above then we may be able to see a contradiction between English and ...

... take the girl out of the possession of her father. However, in Hibbert 1869the defendant was acquitted because it was not proved that he knew the girl was in possession the father. A majority of strict liability offences however, are less ...

... without regard to any blameworthy conduct or the intention behind its execution. In terms of the necessity of proving mens rea in such cases, a distinction between strict and absolute liability must be made. Cases of strict liability differ from ...

... unaware of it. The butcher sold the meat, although the butcher had taken all the steps he was still convicted of endangering people. Most strict liability offences have been created by statute, however public nuisance and blasphemous libel are examples ...

... and if it fair just and reasonable) 2: Breach and 3: resulting damage. In the case of Victorian railway commissioners v Coultas (1896), it was evident that the courts were reluctant to recognise pure psychiatric injury, and the ruling of ...

... attempt to distinguish between the tort of battery and the tort of negligence and why one is an appropriate cause of action where the claimant has suffered some loss and the other seems unavailable to a patient. It will also ...

... the evident ambiguity arising in the law of tort, as is to be explored below. The first attempt of introducing a general principle in order to assess whether a duty of care should be owed in the tort of negligence was ...

... in delict to disappointed beneficiaries where wills have been administered negligently. The case, which has given great significance to this area of law, was White v Jones4. LEGAL BACKGROUND In general it appears to be that in Scots law, a solicitor acting ...

... law, it requires some justifications in order to understand if it is the best solution between the tort victims and business. This need probably arises from the departure from the general principles of law of tort that (i)a person should ...

... of moral wrongdoing for which the offender must pay. Professor Alan Fels believed the recommendations proposed by the Ipp report favoured the campaign of the insurance industry and removes extensive common law rights of injured persons resulting in negligent defendants ...

... if one part is present without the other, counsel for the claimant cannot rely on this. To further establish this duty, it must be considered whether there was proximity2 and / or reasonable foreseeability as in the case of Heaven ...

... Negligent torts are not deliberate, but arise when someone fails to act as a reasonable person to someone he/she owes a duty to, resulting in an injury. Negligence can be summed up as one's failure to exercise reasonable care. More ...

... in a social set up and thus held little trust for serious consideration. Lastly, Albert had not specially requested for considered advice, mentioning to Barry that it would be adhered to. Therefore, the condition of notion of proximity was not ...

... and objectively combines the merits and ideals of one force with the legitimate fears and reservations of the other? The search for this elusive balance has proved difficult at best, if not almost impossible at times, as is readily visible, ...