Legal Methods Outline How a Dispute Becomes a Case (16-29) I. Cases A. Procedural Posture: The movement of the case and the legal issues they hinge on. II. Reversing v. Overruling A. A court reverses the decision of a lower court in the same controversy. 1. Lower court is bound by precedent of higher courts – no exception. B. A court overrules itself - it disavows in a later, different case what it itself had ruled in a prior, different, but factually similar case
Words: 19745 - Pages: 79
Imperial Chemical Industries Ltd v Shatwell House of Lords LORD REID, VISCOUNT RADCLIFFE, LORD HODSON, LORD PEARCE AND LORD DONOVAN LORD REID. My Lords, this case arises out of the accidental explosion of a charge at a quarry belonging to the appellants which caused injuries to the respondent George Shatwell and his brother James, who were both qualified shotfirers. On 8 June 1960, these two men and another shotfirer, Beswick, had bored and filled fifty shot holes and had inserted electric
Words: 11329 - Pages: 46
An Academic Report into Industrial Law and Business Occupational Health and Safety Work Health and Safety Act 2011 QLD No. 18 Model Work Health and Safety Act TABLE OF CONTENTS 1.0 Introduction 3 2.0 History and Purpose of OH&S Legislation 4 3.0 Scope of WHS Act 5 4.0 Key Provisions in a Business Context 6 5.0 Primary Duty of Care 7 6.0 Application of OHS 9 7.0 Regulation Change, a Harmonious Approach? 11 8.0 References 13 8.0 Resources
Words: 2355 - Pages: 10
1) A tort is defined as a A) breach of contract which is punishable by a fine. B) legal wrong for which the law allows a remedy in the form of money damages. C) legal wrong against society which is punishable by fines. D) legal wrong against society which is punishable by imprisonment or death. Answer: B Question Status: Previous Edition 2) All of the following are examples of intentional torts EXCEPT
Words: 24550 - Pages: 99
candidates to develop a knowledge and understanding of legal rules and institutions and an appreciation of the function of law in society. It also encourages candidates to develop the skills necessary to appraise and criticise the application of legal principles across different branches of law. Aims The syllabus aims to: 1. provide a sound understanding of the nature of law. 2. give an appreciation of the role of law in society. 3. demonstrate
Words: 2855 - Pages: 12
Ch5 Formation of a Contract: Offer and Acceptance An invitation is not an offer; a merchant is not obligated to sell to everyone who reads an ad (its supply may be limited) he is the offeree Both parties must be aware of the offer and counter offers, else any coincidental acceptance under the same terms still don’t qualify as an acceptance Protection against Standard Form Contracts 1. If business is regulated by govt board, its terms are subject to approval 2. Some segments of the public
Words: 1479 - Pages: 6
ii). Negligence of girl child iii). Abortion Practices iv). Examination Malpractice Without rules and regulations, society would be impossible to have because freedom without boundaries results in anarchy which means total confusion. From birth, human beings’ lives, safety, health and peace are controlled by law. It is for this reason that this piece of work seeks to critically discuss how the study of public legal education would help school managers analyze public nuisance, negligence of
Words: 5671 - Pages: 23
[G.R. No. 132266. December 21, 1999] CASTILEX INDUSTRIAL CORPORATION, petitioner, vs. VICENTE VASQUEZ, JR. and LUISA SO VASQUEZ, and CEBU DOCTORS HOSPITAL, INC., respondents. The pivotal issue in this petition is whether an employer may be held vicariously liable for the death resulting from the negligent operation by a managerial employee of a company-issued vehicle. The antecedents, as succinctly summarized by the Court of Appeals, are as follows: On 28 August 1988, at around 1:30 to 2:00 in
Words: 82604 - Pages: 331
solicitors and barristers. See chapter 3. * A ‘common law’ system: * The system of law derived from the English legal system. Uses judicially decided cases as the basic form of law. See chapter 10. * The way that the law is made: Judges make law based on decided cases (precedents) and develop sets of legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common
Words: 29591 - Pages: 119
a company in the legal realm and it is important for them to minimize their tort and regulatory risks. A company should have a risk plan in place that can help them succeed. This plan can be a continuously changing plan depending on needed improvements on the plan. A risk plan can be developed easily when you look at the Alumina Inc. case as an example. A company such as Alumina can manage their risks through three basic measures which are preventative, detective, and corrective. Preventative
Words: 1665 - Pages: 7
