Essays on Contributory Negligence

Court have overtime been at the forefront of provision of justice for those who have been accused and this is achieved through compensation through various remedies. However, in certain instances, the cases that are brought to courts actually have no merit and is basically a waste of the courts time and such cases are referred to as frivolous law suits. Therefore, the thesis of this research is to examine whether the concept of frivolous law suit is accurate or a mere fallacy. First and foremost, it is worth noting that for any person to be held liable for any ...

Business and Law

BUSINESS AND LAW Introduction The breaching of contracts and denial of human rights have risen over the past few years due to the lack of enough knowledge. The paper covers several cases whose judgment is based on the Australian common law and consumer acts in the IRAC format

Question 1

Issue: Does Brenda have an action against Steven for the breach of contract? Rule: According to the Australian contract law, an anticipatory breach of contract can occur from time to time. An anticipatory breach of contract refers to where one party informs the other that they will not deliver what was ...

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

V O.C. SEACREATS, INCORPORATED; Leighton W. Moore, Jr., Defendants- Appeallees.

Top Four (4) Facts:

Fact 1: the defendant had put up nine ‘NO DIVING’ signs at the property placed on the lower and upper decks. The signs were of a significant size and in distinct colors that made them visible to the intended audience. The five feet blue sign placed near the ladder leading to the water was the most distinct of them all and visible to all visitors. On the night of August 12, 1990, all the nine signs on the property were present and ran across the rails of the upper ...

Defences to the Tort of Negligence

Introduction A tort is a deliberate or accidental wrongful act of a person known as a tortfeasor, which causes damage or injury to another person or property of another, and attracts a civil penalty. The act can be either negligent, assault, battery, trespass, liability of harmful products or emotional injury. Any person who has caused injury or damage may be sued in a court of law to compensate for the loss or damage. However, it is not automatic that when an individual has been sued, he/she must be penalized (Alexander and Alexander 2011). For a negligence action against an ...

Legal Application Assignment 2

Agency Law and Business Formation The dumping of ship wastes just off the Florida coast within the United States water is in defiance of a number of federal and state laws. For example, companies are expected to acquire permits from the Environmental Protection Agency in order to release pollutants into the passable waters of the United States. It is the role of the permits holders to monitor their discharges and present a report to the authorities- companies that violate their permits are penalized by the Environmental Protection Agency. The company has been taking order from Sam Martin and this ...

Introduction

Alternate Dispute Resolution is a method of settling disputes without the intervention of the civil courts. This application of the mediation process is especially successful in conflicts of family, minor injuries, home negligence issues and most other disputes in which the settlement is relatively fixed and lowers than a jury trial would assess. There are three basic types of Alternate Dispute Resolution (ADR): arbitration, reconciliation and mediation . A mediator is a neutral third person who adjudicates the proceedings and is agreeable to both parties before entering into the negotiations. The parties have to additionally agree upon accepting the ...