Duty essay

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Negligence Tort For Legal Duties

Once a duty of care has been established not only should the defendant owe a duty of care, but also must be in breach of that duty. Therefore the defendant should have failed to come up to the standard of care required by law for fulfilment of duty. What is the standard of care and […]

Negligence and duty of care

Duty of care. Duty of care is the first element of negligence and therefore, in order to discuss further on duty of care, one would have to first define the tort of negligence. In Blyth v Birmingham Waterworks Co,[1] the courts defined negligence as an omission of something which a reasonable man would do and […]

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Primary Duty of Maintenace in Islamic Law

Maintenance Introduction: Maintenance is referred to as nafaq, and that ‘comprehends food, raiment along with lodging, through in common parlance, it truly is limited for the very first. Under Islamic rules, man will be responsibility sure to keep the wife. Over in Islam can be exempted from just about any financial earning responsibility. She is […]

Fiduciary duties

Question One Fiduciaries have important obligations and duties some of which have been stretched to encompass areas which have not traditionally formed part of the duties. This assignment will explore some of these duties and discuss whether or not they have been stretched to there limit. It will be concluded that fiduciary duties are particularly […]

Donoghue V Stevenson

The fact in Donoghue V. Stevenson[1] was that the appellant drank a ginger beer that was bought by her friend in a café and she drank part of it from her cup. Her friend poured the rest and a decomposed snail was seen floating on the ginger beer. The nauseating sight coupled with the fact […]

Does a Mother owe a Duty of Care to her unborn child?

ASSIGNMENT 1: TOPIC 2 OVERVIEW Traditionally, legal protection was rarely granted to unborn child and in the event they were granted such protection, it was strictly dependent on their live birth.[1] Since then, the law governing a mother’s liability for prenatal injury has evolved and varies drastically across many jurisdictions. For example, in Canada, the […]

Director’s Legal Duties and Obligations

Companies’ directors are persons who are vested with the responsibility of the management of the company’s affairs. A company is usually composed of two main organs which are the board of directors and the members in general meetings. Every company provides the director extensive powers to supervise manage and control the company. Likewise every director […]

Directors’ Duties Problem Question

The establishment of Shine Ltd was with the sole intent to produce industrial solvents and cleaning solutions. Appointment of the office of managing director was given to John to cover that post. During this course, the company acquired an agreement with XYZ plc a conglomerate. While still under the directorship of John the company came […]

CONSTRUCTION OF MANDATORY PROVISIONS

Interpretation of Statutes CONSTRUCTION OF MANDATORY PROVISIONS I. INTRODUCTION There is no universal rule regarding the construction of statutes. It is the duty of the judiciary to try and determine the real intention of the legislature by prudently taking into consideration the entire scope of the statute to be interpreted.[1] The study of various cases […]

Director’s duties

Question Recently gautam limited liability convened an annual general meeting in which five directors were elected. The board of directors had several meetings and they decided, interalia, to purchase 150 acres of land by using the company money. The directors thereinafter sold the land at high price and kept 10% of profit for themselves. Dom, […]

Decision making and Director’s Duties

Chapter 2 2.0 Decision making organs A company has 2 primary organs, the members in general meeting and the directorate. A company is not considered to be sovereign but has a limited competence only. Within these limits, the Supreme rule is making authority rests with a general meeting of the members1 and the constitution may […]

A Problem Question on Tort Law

1 Question 1 Yes, Barack is liable to Theo-Paul under the tort of negligence. The negligence part of tort law involves unintentional harm caused by one’s carelessness. Proving negligence entitles the injured plaintiff to being compensation for the injury to their body, property, emotions, financial status, intimate relationships or reputation. One must prove the resulting […]

A brief answer on different Torts

Task 1 Given articulation demonstrate the Tort is carelessness when Jonah drive his auto indiscreetly without comply with the tenets when he drive the auto he not bolting towards street. As indicated by the given explanation in light of Jonah von endured with physical damage that is a wrongdoing Contract: According to the given statement […]

Duty of care-negligence

Under the duty of care, there is another test used by the court in determining whether there is negligence in carrying out the duty of care which lead to the other person suffering from the damage as a consequences of the act. The test said in the above is called the Caparo( composite) test. This […]