macmillan publisher custom essays and research papers (11 essays)

Ted to rebut the presumption of negligence by showing that the accident might still have occurred without negligence on his part . Where the defendant succeeds in proving that he has not been negligent or offer a reasonable explanation on how the accident could have occurred without his negligence , the burden of proof reverts to the plaintiff i .e . he must prove that the defendant was negligent . Before the rule of res ipsa loquitur can be invoked , the following conditions must...

The following reasons would help support the scenario . Rigidity : - The application of the doctrine of judicial precedence gives no room to judges of inferior courts to make decisions based on their own thinking . They only have to follow decisions made by the superior courts . The outcome of this is that it ``kills ' the initiative of the judges in coming up with new ideas . This leads to rigidity in the application of the law . But still , it is the function...

Participate in co-curricular activities- should always take part in debates , talent shows , sports , quiz 's , etc . The head girl and the head boy 's responsibility are that they should check the prefects and even check us . We were and are supposed to behave well with the teachers and the other students as well . We are responsible for the stuff the school provides us . We are responsible to ask the teachers if we do not understand anything . The above were some...

White . A relevant case studied is that of : Dickson Vs DODDS of 1876 ``On Wednesday , the defendant gave the plaintiff a written offer to sell him his house for ?800 . The offer was to be left open until next Friday 9 .00 a .m . On Thursday , the defendant sold the house to someone else . On that very evening of Thursday , the plaintiff was told of the sale by a third party . But before 9 .00 .am of Friday , the plaintiff...

On the other hand , if the danger is slight , only a slight amount of care is expected to be used . If a person holds himself out as being specially competent or qualified , he is under duty to exhibit such care and skill usually found in persons of his qualifications . For example , one would expect from a surgeon the degree of skill appropriate to a reasonably competent member of his profession . Similarly , a person treated by a compounder at a village...

Hedley and Dither . For this case , both parties were to honor their promise as per the contract failure to which the defaulting party can be sued for breach of contract . A contract which was intended to creating a legally binding obligation ought to be binding , failure to which , the contract will be enforceable by a court of law . When Hedley entered into an agreement with Dither during the sale of his business , there was an intention of creating a legal...

It was held that the employers were liable for the negligent act of their driver , for he was doing some authorised act though in an unauthorised manner ' On the other hand , since driver of the forklift had been warned against carry anyone using the forklift he has done something wrong against the company 's instructions . For this case , the company should sue the forklift employee for breaking one of the company 's rules and regulation of carrying somebody on the...

Hadley did not have any extra spare crankshaft . In the discussion held in Hong Kong , Bambang did not inform Song Ling that any delay /supply of fewer cartons of wine would result in loss of profits . In this context he (Song Ling ) may only pay ordinary damages . Song Ling wishes to sue for the full price of wine i .e . AUD 50 ,000 . I would advice Song Ling that he cannot succeed in suing Bambang for the full price of...

Another definition of consideration is given in ``Currie v . Misa (1875 ) LR 10 Exch 153 as some right , interest , profit or benefit accruing to one party , or some forbearance , detriment , loss or responsibility given , suffered or undertaken by the other ' A simple contract is not legally binding unless it is supported by a consideration , so that if A promises to give his watch to B , he cannot enforce A 's promise if A changes his mind . But if A agrees...

Therefore the person can not rely on his ignorance of the contents of the document unless he is induced to sign by fraud or misrepresentation . In this SBC case we see that Joe signed the document that one of the clauses on it read that for the bus lanes that the volumes of the buses will be 14 on one lane in each direction of the Cross-River Tunnel will be used exclusively used by public transport vehicles , including buses , hire...

Held that the contract could be set aside as the daughter was under the undue influence of her mother In the case of McCain and Huckabee , there was an acceptance of the offer where according to the law an offer can only be accepted by the person to whom it is made . This indicates that an offer can be accepted orally , in writing or by conduct . It is believed that in to make a contract binding , the acceptance must be...