11th lecture
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A tort is defined as a civil wrong, other than a breach of contract, that causes harm to another and allows them to seek damages. There are three main types of torts: intentional torts which involve intentionally harming another, negligence torts which involve failing to use reasonable care and causing unintentional harm, and strict liability torts where a defendant is legally responsible for harm regardless of fault. The two main remedies for a tort are damages to compensate for harm suffered and injunctions to prevent future harm, with damages being the most common remedy.
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Lwn158 seminar 8 2016
1. States can be held responsible under international law for violations committed by their organs, entities exercising governmental authority, or persons whose conduct is attributable to the state. Responsibility arises when there is an internationally wrongful act that is attributable to the state.
2. The Articles on State Responsibility codify the rules of state responsibility. They establish that states must make full reparation for injuries caused by internationally wrongful acts, including through restitution, compensation, and satisfaction.
3. Diplomatic protection allows a state to bring a claim against another state for injuries to its nationals from the other state's wrongful acts. It is based on the state responsibility of the other state.
Lesson 7 state responsibility organ of state 1
1. State responsibility occurs when a state commits an internationally wrongful act, such as violating a treaty obligation or failing to meet international standards in treating foreign nationals.
2. For a state to be responsible, the conduct must be attributable to the state under international law and constitute a breach of the state's international obligations. Conduct of state organs like the military or police is attributable to the state.
3. A state can also be responsible for failing to prevent harmful acts by private individuals, such as if the state did not take reasonable care to provide protection to foreign nationals.
Public International Law - State Responsibility
State responsibility refers to the liability of a state under international law for breaches of its obligations. There are three key elements of state responsibility: (1) the existence of an international legal obligation between states, (2) a wrongful act or omission that breaches that obligation, and (3) resulting loss or damage. Conduct is attributable to a state if it is by state organs, persons exercising government authority, persons directed or controlled by the state, or if the state acknowledges and adopts the conduct. Breach occurs when a state fails to act in accordance with its obligations. Defences against responsibility include consent, self-defense, countermeasures, force majeure, distress, and necessity. Legal consequences for wrong
The law of state responsibility - international law
The document discusses the law of state responsibility under international law. It covers the key elements of state responsibility, including attribution of conduct to a state, what constitutes an internationally wrongful act, and available defences. Specifically, it examines how the conduct of state organs, persons exercising governmental authority, and persons directed or controlled by a state can be attributed to the state. It also discusses circumstances that can preclude the wrongfulness of a state's actions, such as consent, self-defence, countermeasures, force majeure, and distress.
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Responsibility in International Law
Introduction to the topic and the notion of responsibility in international law.
State responsibility – the classic authorities and the International Law Commission’s Articles on State Responsibility.
State responsibility and enforcement under specific treaty regimes.
Responsibility and non-State actors.
Individual responsibility under International Law.
Llb ii pil u 2.2 international disputes -settlement
This document summarizes various peaceful and non-peaceful means of settling disputes between states under public international law. Peaceful methods include negotiation, good offices, mediation, conciliation, enquiry, arbitration, and judicial settlement through bodies like the International Court of Justice. Non-peaceful methods include restorsion, reprisals, intervention, and war. It also discusses arbitration, litigation, and alternative dispute resolution mechanisms like negotiation, inquiry, mediation, conciliation, and minitrials. Permanent arbitral entities that help resolve international disputes include the Permanent Court of Arbitration and international courts.
Offenses against the Security of State
This document discusses offenses against the security of the state. It defines what constitutes a state and outlines two categories of offenses - those that oppose the existence of government and those that affect the orderly administration of public business. It discusses crimes like treason, sedition, rebellion, terrorism, and offenses related to official secrets. The document also summarizes the Crime Against State and Punishment Act of Nepal, which defines crimes against the state and their punishments. These include subversion, treason, revolt against friendly states, and prohibitions related to undermining sovereignty and espionage.
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Lwn158 seminar 8 2016
1. States can be held responsible under international law for violations committed by their organs, entities exercising governmental authority, or persons whose conduct is attributable to the state. Responsibility arises when there is an internationally wrongful act that is attributable to the state.
2. The Articles on State Responsibility codify the rules of state responsibility. They establish that states must make full reparation for injuries caused by internationally wrongful acts, including through restitution, compensation, and satisfaction.
3. Diplomatic protection allows a state to bring a claim against another state for injuries to its nationals from the other state's wrongful acts. It is based on the state responsibility of the other state.
Lesson 7 state responsibility organ of state 1
1. State responsibility occurs when a state commits an internationally wrongful act, such as violating a treaty obligation or failing to meet international standards in treating foreign nationals.
2. For a state to be responsible, the conduct must be attributable to the state under international law and constitute a breach of the state's international obligations. Conduct of state organs like the military or police is attributable to the state.
3. A state can also be responsible for failing to prevent harmful acts by private individuals, such as if the state did not take reasonable care to provide protection to foreign nationals.
Public International Law - State Responsibility
State responsibility refers to the liability of a state under international law for breaches of its obligations. There are three key elements of state responsibility: (1) the existence of an international legal obligation between states, (2) a wrongful act or omission that breaches that obligation, and (3) resulting loss or damage. Conduct is attributable to a state if it is by state organs, persons exercising government authority, persons directed or controlled by the state, or if the state acknowledges and adopts the conduct. Breach occurs when a state fails to act in accordance with its obligations. Defences against responsibility include consent, self-defense, countermeasures, force majeure, distress, and necessity. Legal consequences for wrong
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The document discusses the law of state responsibility under international law. It covers the key elements of state responsibility, including attribution of conduct to a state, what constitutes an internationally wrongful act, and available defences. Specifically, it examines how the conduct of state organs, persons exercising governmental authority, and persons directed or controlled by a state can be attributed to the state. It also discusses circumstances that can preclude the wrongfulness of a state's actions, such as consent, self-defence, countermeasures, force majeure, and distress.
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This presentation given at the Annual Research Day of the Netherlands School of Human Rights Research (2016) looks at the extent to which a State is responsible under international law for human rights violations committed by private entities. While underscoring that the growing power of corporate and other non-State actors on the international plane does not diminish the importance of State responsibility as a tool for safeguarding human rights in the private sphere, it points to the complementary role direct accountability of corporate entities in international law can play in strengthening the international system of human rights protection
Responsibility in International Law
Introduction to the topic and the notion of responsibility in international law.
State responsibility – the classic authorities and the International Law Commission’s Articles on State Responsibility.
State responsibility and enforcement under specific treaty regimes.
Responsibility and non-State actors.
Individual responsibility under International Law.
Llb ii pil u 2.2 international disputes -settlement
This document summarizes various peaceful and non-peaceful means of settling disputes between states under public international law. Peaceful methods include negotiation, good offices, mediation, conciliation, enquiry, arbitration, and judicial settlement through bodies like the International Court of Justice. Non-peaceful methods include restorsion, reprisals, intervention, and war. It also discusses arbitration, litigation, and alternative dispute resolution mechanisms like negotiation, inquiry, mediation, conciliation, and minitrials. Permanent arbitral entities that help resolve international disputes include the Permanent Court of Arbitration and international courts.
Offenses against the Security of State
This document discusses offenses against the security of the state. It defines what constitutes a state and outlines two categories of offenses - those that oppose the existence of government and those that affect the orderly administration of public business. It discusses crimes like treason, sedition, rebellion, terrorism, and offenses related to official secrets. The document also summarizes the Crime Against State and Punishment Act of Nepal, which defines crimes against the state and their punishments. These include subversion, treason, revolt against friendly states, and prohibitions related to undermining sovereignty and espionage.
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Legal language is well known for its unusual words and terms. It is very difficult for a common person to understand the meaning of the words that are used in legal language.
State responsibility in international law
State responsibility arises under international law when a state commits an internationally wrongful act. For a state to be responsible, the wrongful conduct must be attributable to the state and constitute a breach of an international obligation. Conduct is attributable to a state if it is committed by state organs or other entities acting under the state's direction or control. Even ultra vires conduct or actions of private individuals can be attributable. A state breaches its obligations by failing to act in accordance with customary international law, treaties, or judicial decisions. Examples of when states have been found responsible include failing to prevent or warn of dangers in territorial waters and denying justice to foreign citizens.
Civil law
Civil law defines and protects private citizen rights through areas like contracts, torts, property, and family law. It originated from ancient Roman laws and codes. Tort law is a branch of civil law dealing with personal injury and property damage from wrongful acts, seeking monetary compensation. There are three tort categories: negligence, intentional torts, and strict liability. Negligence involves a duty, breach of duty through unreasonable actions, causation of damages. Contract law governs agreements where parties have obligations and can be liable for breach. Property law distinguishes personal and real property, addressing torts like trespass and conversion. Family law handles marriage, divorce, child custody, and other domestic issues.
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The document discusses several key concepts in international law:
- The Principle of Reciprocity in relationships which defines a human tendency to want to give back when receiving something.
- Sovereignty refers to the ultimate authority and jurisdiction of a state over its people and territory.
- The key differences between treaties and executive agreements in how the US becomes party to international agreements - treaties require two-thirds Senate approval while executive agreements do not.
- Other concepts discussed include baselines, which establish maritime boundaries, and the UN Convention on the Law of the Sea (UNCLOS), which defines rights and responsibilities of nations in using the oceans.
Torts in law at help withassignment.com
This document defines and explains various aspects of tort law. It begins by defining a tort as a civil wrong involving a breach of duty to someone else, unlike crimes which involve duties to society. It then discusses who commits torts (tortfeasors), what constitutes a legal injury, and the prominent tort of negligence. The document categorizes torts into negligence torts, intentional torts, and statutory torts. It provides examples of each and discusses the circumstances of tort cases, including the plaintiff's burden of proof, duty of care, breach, damages, and defenses. Specific torts like nuisance and defamation are also explained.
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This document discusses the fundamentals of law, including definitions of law and ethics. It describes the differences between substantive and procedural law, as well as civil and criminal law. It also outlines the key purposes and functions of law in establishing standards, maintaining order, resolving disputes, and protecting rights and liberties. Additionally, it examines the sources of law including constitutions, legislatures, executives, judiciaries, administrative agencies, and international organizations. Finally, it summarizes Republic Act No. 9292, also known as the Electronics Engineering Law of 2004, which regulates the licensing and practice of electronics engineers and technicians in the Philippines.
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Key Vocabulary:
1. Law (civil, criminal, contract, property, trust, tort, constituational, administrative & international)
2. Lawyer (AmE = Attorney, BrE = Solicitor)
3. Defense
4. Prosecution
5. Case
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- Consideration can be money, services, or other value exchanged to form a contract.
- Examples are provided of scenarios that would and would not constitute a valid contract.
- Covenants are the specific promises that form the basis of contractual obligations.
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- Examples of terms like "reasonable", "material", and "prompt" are discussed in the context of contracts.
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This document provides definitions for common legal terms from A-B. It begins with definitions for Latin phrases related to ignorance of the law and then explains that even legal terms can be confusing for those without legal training. The remainder of the document consists of alphabetical definitions of legal terms like a fortiori, ab initio, a priori, abandonment, and more than two dozen other terms from A to B.
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This document provides an overview of key concepts in public international law related to state jurisdiction, state responsibility, and extradition. It discusses five principles of jurisdiction that states can use: territorial, nationality, passive personality, protective, and universality. The territorial principle allows jurisdiction based on where an act took place. State responsibility arises when a state violates its international legal obligations and causes damage. Extradition is the process by which one state surrenders an accused criminal to another state, and occurs through extradition treaties between states. The document also discusses exceptions and limitations to extradition.
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Assignment on Corporate Legal Issues
Negligence, in law, is a breach of a legal duty. This law has its roots primarily from the Tortious liability. This becomes evident whenever there is a breach of a duty. Such parameters are set up by the law towards persons with an action of breach leading to un-liquidated damages.
Inherent Province of the Law of Tort (1931) (Richard Smellie 2002)
“Tort” originated from the Medieval Latin word “tortum” meaning, something twisted. It has high implications for a civil wrong leading to injury and arising mainly because of failure to act. The law ensures that action for damages is brought, and is independent of any contract. Simply negligence is a careless act of failure to impart, due care and required attention or concern. Thus negligence has fixed legal duties imposed by law. It is based out of conduct, not agreement (contract) or the protection of an interest (nuisance or defamation).
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Lecture 8 state responsibility
1) A state can be held responsible under international law if its organs commit wrongful acts that violate customary international law or treaty obligations.
2) For a state to be responsible, the wrongful conduct must be attributable to the state, such as actions committed by state organs in their official capacity, and constitute a breach of an international legal obligation.
3) Defenses against state responsibility include consent, self-defense, countermeasures, force majeure, and necessity. However, the conduct must still conform to the state's international obligations.
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Only the armed combatants have a right to take part in armed conflicts. The civilians loose protection under the IHL when they directly participate in hostilities. This presentation focuses on this aspect.
Law of tort 05 09-16
The document summarizes key concepts relating to tort law, including:
- Private wrongs do not require mens rea (intent) while public wrongs do. Private wrongs result in civil suits for damages, while public wrongs result in criminal charges for punishment.
- Torts involve wrongs against individuals or property, while crimes involve wrongs against the public. Torts involve a civil standard of proof, while crimes involve a criminal standard of proof.
- Injury refers to a legal wrong or violation of law, while damage refers to the loss or harm suffered. Injuria sine damnum allows for a remedy for a wrongful act even without damages.
Law of trot
- Vicarious liability refers to holding someone responsible for the actions of another person, such as an employer being liable for the acts of an employee that took place in the course of employment. There must be a certain relationship between the parties and the wrongful act must be connected to that relationship.
- To establish vicarious liability, there must be a relationship of a certain kind between the parties, the wrongful act must be related to the relationship in a certain way, and the wrong must have been committed within the scope of employment. Employers can be vicariously liable to encourage safety and because they profit from the employees' activities.
- The two main remedies for a tort are damages to compensate for harm and
Torts in law at help withassignment
Torts involve civil wrongs that breach a duty owed to someone else, unlike criminal acts which breach duties to society. The injured party can sue the tortfeasor for damages. Legal injuries include physical, emotional, economic, and reputational harm. Torts are categorized as negligence, intentional, or statutory. Negligence torts involve failing to use reasonable care. Intentional torts arise from land use or include false imprisonment and defamation. Statutory torts are enacted by legislatures regarding areas like consumer protection or workplace safety. To prove liability, the plaintiff must show the defendant breached a duty of care owed and caused damages.
Law of torts notes
The document provides an introduction to the law of torts in India. It discusses several key points:
1) Tort law in India is mainly based on English common law but has been adapted to Indian conditions.
2) Compensation, rather than punishment, plays a less prominent role in the Indian legal system compared to England.
3) The Indian Supreme Court has said that Indian judicial thinking on torts should not be limited by foreign laws and that new principles need to be developed to deal with modern problems.
Law of trots
law of trots syllabus for 1st sem. Rai university
Introduction to law of trot
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RemediesA valid agreement has been made, the promisor’s duties h.docx
Remedies
A valid agreement has been made, the promisor’s duties have not been discharged; he or she has breached the contract. When one party has failed to perform, what are the rights of the parties? Or when the contract has been avoided because of incapacity or misrepresentation and the like, what are the rights of the parties after disaffirmance? These questions form the focus of this chapter.
A. Theory of Contract Remedies
Purpose of Remedies
The fundamental purpose of remedies in noncriminal cases is not to punish the breaching party but—if possible—to put the nonbreaching party in the position he or she would have been in had there been no breach. There are two general categories of remedies—legal and equitable. In the category of legal remedies are damages. Damages are money paid by one party to another; there are several types of damages.
In the category of equitable remedies are these three: specific performance, which means a person is ordered to deliver a unique thing (land or a unique personal property, such as a painting or an antique car); injunction, a judicial order directing a person to stop doing what he or she should not do (such as competing with a former employer in violation of a noncompete agreement); and restitution, which means putting the parties back into the position they were in before the contract was made.
Parties Have the Power—but Not the Right—to Breach
In view of the importance given to the intention of the parties in forming and interpreting contracts, it may seem surprising that the remedy for every breach is not a judicial order that the obligor carry out his or her undertakings. A damage remedy to compensate the maker for out-of-pocket loss or lost profits is sensible; a judicial decree forcing the computer manufacturer to pay for and take delivery of the boards would be wasteful. In general and if possible, the fundamental purpose of contract remedies is to put the nonbreaching party in the position it would have been in had there been no breach.
B. Promisee’s Interests Protected by Contract
Contract remedies serve to protect three different interests: an expectation interest, a reliance interest, and a restitution interest. A promisee will have one of these and may have two or all three. An expectation interest is the benefit for which the promisee bargained, and the remedy is to put him in a position as good as that which he would have been in had the contract been performed. A reliance interest is the loss suffered by relying on the contract and taking actions consistent with the expectation that the other party will abide by it; the remedy is reimbursement that restores the promisee to his position before the contract was made. A restitution interest is that which restores to the promisee any benefit he conferred on the promisor.
C. Legal Remedies: Damages
The promisee, whom we will hereafter refer to as the nonbreaching party, has the right to damages (a money award), if that is required to make h ...
An introduction to law of torts
Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
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State responsibility arises under international law when a state commits an internationally wrongful act. For a state to be responsible, the wrongful conduct must be attributable to the state and constitute a breach of an international obligation. Conduct is attributable to a state if it is committed by state organs or other entities acting under the state's direction or control. Even ultra vires conduct or actions of private individuals can be attributable. A state breaches its obligations by failing to act in accordance with customary international law, treaties, or judicial decisions. Examples of when states have been found responsible include failing to prevent or warn of dangers in territorial waters and denying justice to foreign citizens.
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- Sovereignty refers to the ultimate authority and jurisdiction of a state over its people and territory.
- The key differences between treaties and executive agreements in how the US becomes party to international agreements - treaties require two-thirds Senate approval while executive agreements do not.
- Other concepts discussed include baselines, which establish maritime boundaries, and the UN Convention on the Law of the Sea (UNCLOS), which defines rights and responsibilities of nations in using the oceans.
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This document defines and explains various aspects of tort law. It begins by defining a tort as a civil wrong involving a breach of duty to someone else, unlike crimes which involve duties to society. It then discusses who commits torts (tortfeasors), what constitutes a legal injury, and the prominent tort of negligence. The document categorizes torts into negligence torts, intentional torts, and statutory torts. It provides examples of each and discusses the circumstances of tort cases, including the plaintiff's burden of proof, duty of care, breach, damages, and defenses. Specific torts like nuisance and defamation are also explained.
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Key Vocabulary:
1. Law (civil, criminal, contract, property, trust, tort, constituational, administrative & international)
2. Lawyer (AmE = Attorney, BrE = Solicitor)
3. Defense
4. Prosecution
5. Case
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- A contract requires an offer, acceptance of the offer, and consideration.
- Consideration can be money, services, or other value exchanged to form a contract.
- Examples are provided of scenarios that would and would not constitute a valid contract.
- Covenants are the specific promises that form the basis of contractual obligations.
- Conditions specify when covenants become legally enforceable.
- Examples of terms like "reasonable", "material", and "prompt" are discussed in the context of contracts.
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This document provides definitions for common legal terms from A-B. It begins with definitions for Latin phrases related to ignorance of the law and then explains that even legal terms can be confusing for those without legal training. The remainder of the document consists of alphabetical definitions of legal terms like a fortiori, ab initio, a priori, abandonment, and more than two dozen other terms from A to B.
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Negligence, in law, is a breach of a legal duty. This law has its roots primarily from the Tortious liability. This becomes evident whenever there is a breach of a duty. Such parameters are set up by the law towards persons with an action of breach leading to un-liquidated damages.
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“Tort” originated from the Medieval Latin word “tortum” meaning, something twisted. It has high implications for a civil wrong leading to injury and arising mainly because of failure to act. The law ensures that action for damages is brought, and is independent of any contract. Simply negligence is a careless act of failure to impart, due care and required attention or concern. Thus negligence has fixed legal duties imposed by law. It is based out of conduct, not agreement (contract) or the protection of an interest (nuisance or defamation).
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1) A state can be held responsible under international law if its organs commit wrongful acts that violate customary international law or treaty obligations.
2) For a state to be responsible, the wrongful conduct must be attributable to the state, such as actions committed by state organs in their official capacity, and constitute a breach of an international legal obligation.
3) Defenses against state responsibility include consent, self-defense, countermeasures, force majeure, and necessity. However, the conduct must still conform to the state's international obligations.
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Only the armed combatants have a right to take part in armed conflicts. The civilians loose protection under the IHL when they directly participate in hostilities. This presentation focuses on this aspect.
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The document summarizes key concepts relating to tort law, including:
- Private wrongs do not require mens rea (intent) while public wrongs do. Private wrongs result in civil suits for damages, while public wrongs result in criminal charges for punishment.
- Torts involve wrongs against individuals or property, while crimes involve wrongs against the public. Torts involve a civil standard of proof, while crimes involve a criminal standard of proof.
- Injury refers to a legal wrong or violation of law, while damage refers to the loss or harm suffered. Injuria sine damnum allows for a remedy for a wrongful act even without damages.
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Similar to 11th lecture
Law of trot
- Vicarious liability refers to holding someone responsible for the actions of another person, such as an employer being liable for the acts of an employee that took place in the course of employment. There must be a certain relationship between the parties and the wrongful act must be connected to that relationship.
- To establish vicarious liability, there must be a relationship of a certain kind between the parties, the wrongful act must be related to the relationship in a certain way, and the wrong must have been committed within the scope of employment. Employers can be vicariously liable to encourage safety and because they profit from the employees' activities.
- The two main remedies for a tort are damages to compensate for harm and
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Torts involve civil wrongs that breach a duty owed to someone else, unlike criminal acts which breach duties to society. The injured party can sue the tortfeasor for damages. Legal injuries include physical, emotional, economic, and reputational harm. Torts are categorized as negligence, intentional, or statutory. Negligence torts involve failing to use reasonable care. Intentional torts arise from land use or include false imprisonment and defamation. Statutory torts are enacted by legislatures regarding areas like consumer protection or workplace safety. To prove liability, the plaintiff must show the defendant breached a duty of care owed and caused damages.
Law of torts notes
The document provides an introduction to the law of torts in India. It discusses several key points:
1) Tort law in India is mainly based on English common law but has been adapted to Indian conditions.
2) Compensation, rather than punishment, plays a less prominent role in the Indian legal system compared to England.
3) The Indian Supreme Court has said that Indian judicial thinking on torts should not be limited by foreign laws and that new principles need to be developed to deal with modern problems.
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Negligence, Nuisance & Nervous Shock
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Remedies
A valid agreement has been made, the promisor’s duties have not been discharged; he or she has breached the contract. When one party has failed to perform, what are the rights of the parties? Or when the contract has been avoided because of incapacity or misrepresentation and the like, what are the rights of the parties after disaffirmance? These questions form the focus of this chapter.
A. Theory of Contract Remedies
Purpose of Remedies
The fundamental purpose of remedies in noncriminal cases is not to punish the breaching party but—if possible—to put the nonbreaching party in the position he or she would have been in had there been no breach. There are two general categories of remedies—legal and equitable. In the category of legal remedies are damages. Damages are money paid by one party to another; there are several types of damages.
In the category of equitable remedies are these three: specific performance, which means a person is ordered to deliver a unique thing (land or a unique personal property, such as a painting or an antique car); injunction, a judicial order directing a person to stop doing what he or she should not do (such as competing with a former employer in violation of a noncompete agreement); and restitution, which means putting the parties back into the position they were in before the contract was made.
Parties Have the Power—but Not the Right—to Breach
In view of the importance given to the intention of the parties in forming and interpreting contracts, it may seem surprising that the remedy for every breach is not a judicial order that the obligor carry out his or her undertakings. A damage remedy to compensate the maker for out-of-pocket loss or lost profits is sensible; a judicial decree forcing the computer manufacturer to pay for and take delivery of the boards would be wasteful. In general and if possible, the fundamental purpose of contract remedies is to put the nonbreaching party in the position it would have been in had there been no breach.
B. Promisee’s Interests Protected by Contract
Contract remedies serve to protect three different interests: an expectation interest, a reliance interest, and a restitution interest. A promisee will have one of these and may have two or all three. An expectation interest is the benefit for which the promisee bargained, and the remedy is to put him in a position as good as that which he would have been in had the contract been performed. A reliance interest is the loss suffered by relying on the contract and taking actions consistent with the expectation that the other party will abide by it; the remedy is reimbursement that restores the promisee to his position before the contract was made. A restitution interest is that which restores to the promisee any benefit he conferred on the promisor.
C. Legal Remedies: Damages
The promisee, whom we will hereafter refer to as the nonbreaching party, has the right to damages (a money award), if that is required to make h ...
An introduction to law of torts
Any civil wrong is subject matter of Law of torts. Principles of law of torts have been discussed in this presentation for the students in simple ways.
Definition of tort
This document defines torts and their key elements. It provides definitions of tort from several sources, including Sir Salmond who defines it as a civil wrong resulting in unliquidated damages that is not a breach of contract. Two elements of tort are identified: (1) damage, which requires both damnum (financial loss) and injuria (unauthorized interference); and (2) mens rea, or a culpable state of mind, which in torts refers to a wrongful intention or culpable negligence rather than a wicked motive. Torts are distinguished from crimes in that torts involve a private wrong while crimes harm the community; torts involve a suit between parties while crimes are prosecuted by the state; and tort
LLB LAW NOTES ON LAW OF TORTS
LLB LAW NOTES ON LAW OF TORTS
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Law of torts
This document provides an overview of various types of damages in the law of torts. It begins with an introduction to tort law and defines a tort. It then discusses different types of damages including: contemptuous, nominal, ordinary, and exemplary damages; general and special damages; prospective and continuing damages; damages for mental suffering and psychiatric injury; damages for personal injuries including pecuniary and non-pecuniary loss; damages for unwanted pregnancy from medical negligence; and damages for injury to property. It also briefly discusses remoteness of damages and interim damages before concluding with a bibliography.
BUSINESS AND COMPANY LAW TUTORIAL.docx
The document summarizes key concepts in business and company law and tort law:
1. It defines assault, battery, and false imprisonment in tort law. Assault refers to apprehension of harm, battery to actual physical harm, and false imprisonment to unlawful restraint of a person.
2. Revocation means withdrawal of an offer by the offeror before acceptance. An offer can generally be revoked at any time before acceptance under the rule in Payne v Cave.
3. It outlines the elements of negligence - duty of care, breach of duty, causation, and damages - and defenses like contributory negligence, voluntary assumption of risk, superseding acts, and illegality.
Law
Civil liability is the obligation to repair or compensate others for damages resulting from one's acts. There are two types of civil liability: contractual liability which deals with non-respect of contractual terms, and tortuous liability which can result from virtually any act. Civil liability requires that there is damage, an act, and a causal link between the act and the damage. Criminal liability aims to punish violations of law and does not repair damages, but applies more restrictively than civil liability.
Free consent
The document discusses the elements required for free consent in contract law. It explains that consent must not be caused by coercion, undue influence, misrepresentation, fraud, or mistake for it to be considered free. It defines each of these elements and provides examples to illustrate when consent would not be free due to these factors. The document also discusses the implications, such as contracts being voidable, when free consent is compromised.
Jojo obligation and contracts ppt.
The document discusses the definition and sources of obligations under Philippine law. It defines an obligation as a juridical necessity to give, do, or not do something and identifies the main sources of obligations as law and contracts. It provides examples and characteristics of different types of obligations that arise from law, contracts, quasi-contracts, crimes or delicts, and quasi-delicts. The document also distinguishes between civil and natural obligations and obligations and contracts.
Sept 6 lecture tort
The document discusses several key concepts in tort law:
- Tort law provides legal remedies for civil wrongs independent of contracts.
- The objectives of tort law include restoring victims to their former condition.
- Several landmark cases and scholars' definitions are cited to explain what constitutes a tort.
- The elements of a tort claim are duty, breach of duty, causation, and damages.
- Specific torts discussed include negligence, defamation, nuisance, and trespass to land.
Saylor URL httpwww.saylor.orgbooks Saylor.org 302 .docx
Saylor URL: http://www.saylor.org/books Saylor.org
302
Chapter 7
Introduction to Tort Law
L E A R N I N G O B J E C T I V E S
After reading this chapter, you should be able to do the following:
1. Know why most legal systems have tort law.
2. Identify the three kinds of torts.
3. Show how tort law relates to criminal law and contract law.
4. Understand negligent torts and defenses to claims of negligence.
5. Understand strict liability torts and the reasons for them in the US legal
system.
Chapter 7 from Advanced Business Law and the Legal Environment was adapted
by The Saylor Foundation under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0
license without attribution as requested by the work’s original creator or licensee. © 2014, The Saylor Foundation.
http://www.saylor.org/site/textbooks/Advanced%20Business%20Law%20and%20the%20Legal%20Environment.pdf
http://creativecommons.org/licenses/by-sa/3.0/
Saylor URL: http://www.saylor.org/books Saylor.org
303
In civil litigation, contract and tort claims are by far the most numerous. The law attempts to adjust for
harms done by awarding damages to a successful plaintiff who demonstrates that the defendant was the
cause of the plaintiff’s losses. Torts can be intentional torts, negligent torts, or strict liability torts.
Employers must be aware that in many circumstances, their employees may create liability in tort. This
chapter explains the different kind of torts, as well as available defenses to tort claims.
7.1 Purpose of Tort Laws
L E A R N I N G O B J E C T I V E S
1. Explain why a sound market system requires tort law.
2. Define a tort and give two examples.
3. Explain the moral basis of tort liability.
4. Understand the purposes of damage awards in tort.
Definition of Tort
The term tort is the French equivalent of the English word wrong. The word tort is also derived from the
Latin word tortum, which means twisted or crooked or wrong, in contrast to the word rectum, which
means straight (rectitude uses that Latin root). Thus conduct that is twisted or crooked and not straight is
a tort. The term was introduced into the English law by the Norman jurists.
Saylor URL: http://www.saylor.org/books Saylor.org
304
Long ago, tort was used in everyday speech; today it is left to the legal system. A judge will instruct a jury
that a tort is usually defined as a wrong for which the law will provide a remedy, most often in the form of
money damages. The law does not remedy all “wrongs.” The preceding definition of tort does not reveal
the underlying principles that divide wrongs in the legal sphere from those in the moral sphere. Hurting
someone’s feelings may be more devastating than saying something untrue about him behind his back; yet
the law will not provide a remedy for saying something cruel to someone directly, while it may provide a
remedy for "defaming" someone, orally or in writing, to others..
The law of tort
The document discusses the law of torts. It defines a tort as a civil wrong that allows the injured party to sue for damages. It explains that tort law is derived from common law principles and legislation, and differs from contract law in that it does not depend on an agreement between parties. Tort actions are brought by private citizens, not the government. Examples of torts discussed include negligence, which involves a breach of a duty of care that results in injury, and nuisance, which involves interfering with another's right to enjoy their property. Remedies for successful tort claims usually include damages, but injunctions may also be granted to prevent future harm in some cases. Two case examples are summarized relating to negligence liability.
tort pptx by Abebayehu .pdf extra contractual
This document defines and discusses principles of non-contractual liability law (tort law) in Ethiopia. It covers definitions of key terms, principles of tort law such as acts and omissions, damage and causation. It also discusses rights protected under the Ethiopian constitution that can be violated and remedies available through tort law. Specific topics covered include defamation, defenses against defamation, criminal fault, bail, and differences between tort law and criminal/contract law.
Nature scope & definitions law of torts.pdf
Nature scope & definitions law of torts . if need more pdf or ppt of law of torts then contact on 9096838136
Civil and Criminal Liability
1) Legal issues faced by staff include the duty to not deliberately harm others, use reasonable care, and violate others' rights. This can lead to tort suits or civil rights actions seeking monetary damages.
2) Reasonable and ordinary care means using the same level of care and methods a reasonable person would in similar circumstances. Intentional torts involve deliberate actions that could infringe on others' rights.
3) Civil rights actions under Section 1983 allow suits against government entities for violating constitutional rights, seeking to end such violations. Deliberate indifference means intentional disregard of a situation where civil rights are at risk.
Indemnity and guarantee
This document discusses contracts of indemnity and guarantee under Nepalese law. It defines indemnity as a promise to compensate for loss or wrong incurred by another party. A contract of indemnity involves two parties - the indemnifier who promises to cover losses, and the indemnity holder who receives the promise. In contrast, a contract of guarantee involves three parties - a principal debtor, a surety who guarantees the debt, and a creditor. The key differences between the two contracts are that indemnity covers contingent losses while guarantee provides security against debt default, indemnity has two parties while guarantee has three, and the surety but not the indemnifier has a right of reimbursement from the
Similar to 11th lecture (20)
RemediesA valid agreement has been made, the promisor’s duties h.docx
RemediesA valid agreement has been made, the promisor’s duties h.docx
Saylor URL httpwww.saylor.orgbooks Saylor.org 302 .docx
Saylor URL httpwww.saylor.orgbooks Saylor.org 302 .docx
More from Munir Hussain
8th lecture
Promoters play an important role in establishing a company by organizing capital, preparing legal documents, and bearing initial expenses. However, promoters have a fiduciary relationship with the company and cannot profit secretly from their position. Promoters are responsible for pre-incorporation contracts and must reimburse the company for any fraud, secret profits, or breach of trust. Upon registration of the company, the promoter's role is complete except if they issue a prospectus afterwards. The document discusses the legal responsibilities and status of promoters under company law.
7th lecture
The document outlines the key stages in forming a company:
1. The promotion stage involves preparing essential documents like the memorandum and articles of association.
2. The incorporation/registration stage where the company is formally registered by submitting documents like the memorandum, articles, and director information to the registrar.
3. After registration, the company can raise capital through issuing a prospectus or statement in lieu of prospectus for public companies and then commence its business operations upon receiving a certificate of business from the registrar.
6th lecture
A private company has several restrictions compared to a public company, including:
- Restricting the right to transfer shares
- Limiting membership to 50 people maximum
- Prohibiting any invitation to the public
A public company does not have these restrictions and has fewer procedural requirements compared to a private company, such as:
- Membership is unlimited
- Shares are freely transferable
- Can issue a prospectus and invite investment from the public
The key difference is that a private company provides more procedural relaxations while a public company has fewer restrictions but more disclosure requirements. Both have equal legal status as independent legal entities.
5th lecture .
This document compares companies and partnerships across various factors such as legal status, liability, governance, and registration requirements. Key differences include:
- Companies have a distinct legal personality and perpetual succession while partnerships do not.
- Partners have unlimited liability for partnership debts but members of companies have limited liability.
- Partnerships are governed by partnership agreements while companies are governed by their memorandum and articles of association.
- Registration is optional for partnerships but mandatory for companies to obtain legal status and limited liability.
4th lecture
This document provides an overview of different types of companies under the Companies Ordinance 1984 in Pakistan. It discusses companies limited by shares, companies limited by guarantee, unlimited companies, and organizations not for profit. It notes that companies can be private or public. It also discusses associations not for profit, and the power of the Commission to dispense with "Limited" in the name of charitable companies. Examples of different types of companies are provided such as chartered companies, statutory companies, registered companies, single member companies, private companies, public companies, listed companies, companies limited by shares, companies limited by guarantee, home companies, foreign companies, and holding and subsidiary companies.
Agency
An agency is a contract that regulates the relationship between a principal and an agent. The principal is the person who authorizes another to act on their behalf as an agent. An agent is a person employed to act for or represent the principal in dealing with third parties. An agency can be created through agreement, estoppel, ratification, or operation of law. The duties of an agent include following the principal's directions, working with reasonable skill, compensating the principal, maintaining accounts, and communicating with the principal. An agency terminates through agreement between the parties, revocation, completion of the task, expiration of time, or circumstances such as death, insanity, insolvency, or a change in law.
Registration process
Two or more partners can register their partnership firm under the Partnership Act of 1932. The application process involves filling out Form 1, providing a partnership deed signed by all partners, and paying a registration fee of Rs. 1000. Applicants must also submit copies of CNICs, proof of a business address, and an authority letter if an agent is applying on behalf of the partners. Once completed documents are submitted to the Assistant District Officer, the registration will be processed according to the Partnership Act if all prerequisites are met. The registrar will issue a registration certificate if satisfied with the documents.
Essentials
This document discusses key aspects of partnership law, including:
1. The definition of partnership as a relation between persons sharing profits from a business carried on by agreement.
2. The four essential elements that must exist for a partnership: carrying on a business, agreement to share profits, business carried on by all or acting for all.
3. The importance of a partnership agreement which establishes terms, management regulations, and other provisions.
4. Examples of important provisions that should be included in a partnership agreement such as the name, nature of business, locations, partners, salaries, work divisions, profits, dealing bank, capital contributions, profit ratios, drawings, interest, admissions, goodwill, accounts, rights/dut
First assignment
Ms. Calpana Lee wants to register a firm called "Thanga Bahnga Lee" with the Security and Exchange Commission of Pakistan Quetta, but they refused. She argued that companies and firms have the same legal status, so the registration forum does not matter. Students of the 6th semester LL.B program must complete an assignment examining Ms. Lee's statement as the legal advisor to SECP. The assignment must follow a prescribed format with sections for particulars, contents, the main 3-page body, and remarks, and must be handwritten, with an April 8th deadline.
2nd lecture typology of partnership
This document summarizes different types of partnerships and their key characteristics. It describes general partnerships as those where all partners' liabilities are unlimited. Particular partnerships are formed for a specific project or time period. Partnerships at will have an unlimited time period. The document outlines that a partnership requires at least two people, is for business purposes only, involves mutual agency between partners and sharing of profits, and has unlimited liabilities for all partners. A limited partnership has at least one partner with unlimited liability and one or more with limited liability.
Lecture 1st
This document defines and explains the concept of bailment under contract law. It discusses:
1) Bailment involves the delivery of goods by the bailor to the bailee for a specific purpose, with an understanding the goods will be returned or disposed of as directed.
2) The bailor is the person delivering the goods and the bailee is the person receiving them. Bailment has certain essential elements to constitute a valid contract.
3) The document outlines the duties of both the bailor and bailee, as well as their respective rights. It also discusses how a bailment can be terminated.
1st lecture
This document provides an introduction to the subject of law of business organization. It outlines 9 key learning objectives: 1) to understand law, business, and organization, 2) the definition of law of business organization, 3) its nature and scope, 4) relevant laws, 5) the syllabus, and 6) the importance of business law. Business law regulates commercial activities and dealings through rules governing how to establish and run a business. It protects liberties, maintains order, resolves disputes, and establishes standards for business concerns and their interactions with government agencies and individuals. As infrastructure projects like CPEC develop, the significance of business law will increase considerably in Pakistan.
Result 1st
This document contains the results of the first quiz for the Introduction to Law course of the LL.B 1st semester. It lists the role numbers of 502 students and their individual scores on Quiz 1, Quiz 2, Quiz 3, Assignment 1, and Assignment 2. The lecturer is Munir Hussain from the University Law College in Quetta. It is dated October 31, 2020 and is regarding the results of the first quiz for Unit One of the Introduction to Law course.
2ND quiz 1 semseter
This document appears to be a quiz for a law course, containing different types of questions about introductory legal concepts. It includes true/false questions with answers, multiple choice questions on topics like ancient law codes, and a matching exercise pairing answers with letters. The quiz was prepared by a lecturer and covers material for the first semester of an LL.B program.
Result 1st
The document contains the results of the first quiz for the Introduction to Law course of the LL.B 1st semester. It lists the role, student number, name, and marks of 501 students. It also provides the course code, standard, topic, and details of the lecturer and college. The results are dated October 17, 2020 and are subject to errors and omissions.
1st quiz 1semester c
This document contains an answer key for a 1st quiz on introduction to law for an LL.B first semester course. The quiz contains 10 multiple choice questions and 5 matching questions covering topics like normative ethics, descriptive ethics, absolutism, and philosophers like Immanuel Kant and their contributions. The answer key provides the correct option selected for each question.
Assignemnt
The document outlines the requirements for an assignment on ethics and its branches for an Introduction to Law course. Students must define key ethics terms and distinguish between teleological and deontological ethics on the main body page, which cannot exceed 5 pages. The assignment must follow a prescribed format with multiple pages and be submitted in printed form by October 20th, 2020 to be considered.
4th lecture
Hedonism is the belief that pleasure is the most important thing in life and that people act to gain pleasure and avoid pain. Religion can be defined in different ways but generally involves a belief in a higher power and a system of worship. People follow religions for reasons like achieving supernatural rewards and avoiding punishments. Morality involves distinguishing between right and wrong behavior, and is related to but distinct from religion which involves external or metaphysical influences. Laws represent societal views on morality but morality comes from personal views of right and wrong.
2nd lecture
Morality refers to principles of right and wrong governing an individual's behavior. Ethics is a branch of philosophy dealing with moral principles and values relating to human conduct. The document discusses the concepts of morality and ethics, noting they are often used interchangeably but sometimes distinguished. Morality may refer more to personal principles while ethics refers to the standards of a community or profession. However, ethicists today generally use the terms interchangeably without distinguishing between them. The key aspects are that both morality and ethics concern principles of right and wrong behavior.
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本科毕业证书,学历学位认证如何办理【留学国外学位学历认证、毕业证、成绩单、大学Offer、雅思托福代考、语言证书、学生卡、高仿教育部认证等一切高仿或者真实可查认证服务】代办国外（海外）英国、加拿大、美国、新西兰、澳大利亚、新西兰等国外各大学毕业证、文凭学历证书、成绩单、学历学位认证真实可查。
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多年留学服务公司,拥有海外样板无数能完美1:1还原海外各国大学degreeDiplomaTranscripts等毕业材料。海外大学毕业材料都有哪些工艺呢？工艺难度主要由：烫金.钢印.底纹.水印.防伪光标.热敏防伪等等组成。而且我们每天都在更新海外文凭的样板以求所有同学都能享受到完美的品质服务。
国外毕业证学位证成绩单办理方法：
1客户提供办理新西兰林肯大学新西兰林肯大学毕业证学位证信息：姓名生日专业学位毕业时间等（如信息不确定可以咨询顾问：我们有专业老师帮你查询）；
2开始安排制作毕业证成绩单电子图；
3毕业证成绩单电子版做好以后发送给您确认；
4毕业证成绩单电子版您确认信息无误之后安排制作成品；
5成品做好拍照或者视频给您确认；
6快递给客户（国内顺丰国外DHLUPS等快读邮寄）
— — — — 我们是挂科和未毕业同学们的福音我们是实体公司精益求精的工艺！ — — — -
一真实留信认证的作用(私企外企荣誉的见证):
1：该专业认证可证明留学生真实留学身份同时对留学生所学专业等级给予评定。
2：国家专业人才认证中心颁发入库证书这个入网证书并且可以归档到地方。
3：凡是获得留信网入网的信息将会逐步更新到个人身份内将在公安部网内查询个人身份证信息后同步读取人才网入库信息。
4：个人职称评审加20分个人信誉贷款加10分。
5：在国家人才网主办的全国网络招聘大会中纳入资料供国家500强等高端企业选择人才。问山娃想买什么想吃什么山娃知道父亲赚钱很辛苦除了书籍和文具山娃啥也不要能牵着父亲的手满城闲逛他已心满意足了父亲连挑了三套童装叫山娃试穿山娃有点不想父亲说城里不比乡下要穿得漂漂亮亮爸怎么不穿得漂亮望着父亲山娃反问道父亲听了并不回答只是吃吃地笑山娃很精神越逛越起劲父亲却越逛越疲倦望着父亲呵欠连天的样子山娃也说困了累了回家吧小屋闷罐一般头顶上的三叶扇彻夜呜呜作响搅得满屋热气腾腾也搅得山娃心烦意乱父亲一的
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- 1. Etymology: Latin word tortum, to twist mean wrong or injury Meaning: Injury or wrong. Legal sense of "breach of a duty, whereby someone acquires a right of action for damages1 . Definition: A wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction2.or A wrongful act other than a breach of contract that injures another and for which the law imposes civil liability: a violation of a duty (as to exercise due care) imposed by law as distinguished from contract for which damages or declaratory relief (as an injunction) may be obtained; also: a cause of action based on such an act3. Or A civil wrong independent of a contract for which the remedy is liquidated damages. Nature . Civil injury other than breach of contract. Typology: i. Intentional torts An intentional tort is an act that is intentionally committed against another person with the aim of causing harm. ii. Negligence torts Negligence occurs when a party fails to demonstrate the kind of care a prudent person would take in the same situation and an injury results from the action or inaction iii. Strict liability torts4 Strict liability is the type of tort where a defendant is legally responsible for injuries or damages suffered by the plaintiff5. Remedy: The two principal remedies available to the victim of a tort are liquidated damages to compensate for the harm he has suffered and, where appropriate, an injunction to prevent future harm. Damages are the predominant remedy. 1 https://www.etymonline.com/word/tort 2 https://www.merriam-webster.com/dictionary/tort 3 ibid 4 https://study.com/academy/lesson/what-is-tort-law-definition-and-examples.html 5 https://www.legalmatch.com/law-library/article/what-is-a-strict-liability-tort.html Subject: Introduction to Law Standard: LL.B semester 1 Topic: Tort MUNIR HUSSAIN Lecturer UNIVERSITY LAW COLLEGE QUETTA www.facebook.com/pages/Corridor-to-Commercial-Law