The document provides an introduction to the law of torts. It discusses that tort law allows those harmed by the wrongful acts of others to sue for damages. There are three key elements to a tort claim: the defendant had a duty to the plaintiff, breached that duty, and caused injury to the plaintiff. Tort law originated from moral and civil obligations in society and aims to compensate harm while distinguishing civil wrongs from criminal acts. The historical development and application of English tort law in India is also summarized.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
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An Introduction to Law of Torts: Meaning, Nature and Essential elementsamlanika bora
This PPT provides Meaning, definitions and Essential Elements of Torts. It includes relevant case laws as well. It also highlights nature of Torts by bringing differences between torts and other civil wrongs.
No fault liability , strict liability, absolute liability, oleum gas case, Bh...Bindu Kshtriya
a brief description of no fault liability in environmental laws, along with full description of absolute liability and strict liability, with cases citation, i.e oleum gas case and Bhopal gas tragedy
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Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
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professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
Jurisprudence is thus the study and theory of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), try to assign a deeper understanding of
the nature of law, of legal reasoning, legal systems and of legal institutions. In these slides, the presenter is concentrating on the ethical school of jurisprudence.
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1 UNIVERSITY OF PORTSMOUTH BUSINESS SCHOOL BUS.docxhoney725342
1
UNIVERSITY OF PORTSMOUTH BUSINESS SCHOOL
BUSINESS & EMPLOYMENT LAW
(U21764 & U24401)
Unit co-ordinator - HELEN BURTON
[email protected]
Anglesea 1.60
Lecture Notes
2017
2
3
Week Week
beginning
Lecture Seminar
1 25
September
Introduction to the unit
Classification & sources of law
What is law?
2 2 October Domestic legislation and
European law
Classification and sources of law
3 9 October Case law and judicial
precedent
How to read and understand
cases
Legislation and statutory
interpretation
4 16 October Introduction to contract law
Contract formation
Case law and judicial precedent
How to read and understand
cases
5 23 October Contractual terms Contract formation
6 30 October Controls on exemption
clauses and unfair terms
Contractual terms
7 6 November Misrepresentation Controls on exemption clauses
and unfair terms
8 13 November Discharging a contract
Remedies for breach of
contract
Misrepresentation
9 20 November Introduction to the law of tort Discharging a contract
Remedies for breach of contract
10 27 November Negligence Introduction to the law of tort
11 4 December Vicarious liability, defences
and remedies in tort
Negligence
12 11 December No lecture Work on Moodle to help with
coursework due 12th January
Business Law
Autumn Teaching Block 2017
4
5
CONTENT OF THIS LECTURE
· Introduction to the unit
· What is law?
· Classification of law
· Sources of law
· Overview of the Courts System
Introduction to this unit
To help you throughout the year don’t forget these resources:
1 Two printed handouts:-
i. Lecture notes (you need to supplement these with your own notes, spaces have been
left for you to do so).
ii. Seminar questions.
2 University Library
3 Moodle
4 Lecturer and seminar tutors
5 Core text
6 Unit handbook, this is on Moodle and has lots of useful info about the unit, you will need to
refer to it throughout the year
Lectures only give an overview of a topic.
You need to read beyond your lecture notes!
LECTURE ONE
Introduction to the Unit
Classification and Sources of Law
6
Preparation for seminars
Seminars are most important and you should prepare for them properly and attend each week.
Evidence shows a clear link between those students who do not attend seminars and those who do
badly and fail coursework and exams
To ensure this does not happen to you make sure you:
Read the pages of the core text indicated on the seminar sheet before the seminar.
· Identify what words you will need to understand in order to answer the questions on the seminar
sheet.
· Prepare answers to the questions on the seminar sheets.
· After the class, engage in some further reading as listed on your seminar sheets.
· Ask your seminar tutor to go over any points you are not certain about, they
are ...
The Law-Making Process
Definition And History Of Case Law Essay
Subjects of International Law
Application Of Rule Of Law Essay
Tort Law of Negligence Essay
Product Liability Essay
Contract Law Assignment : Contract Laws
Law School Essay
What Law Means To Me Essay
Business Law Questions and Answers
The Rule of Law Essay
The Language Of The Law Essay
The Importance Of International Law
Common Law And The Statute Law Essay
Different Aspects Of Law Essay
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docxbridgelandying
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
Running Head SOURCES OF LAW1The primary sources of law in.docxtodd521
Running Head: SOURCES OF LAW 1
The primary sources of law in the U. S are; the constitution of the united states, federal and state statutes, administrative regulations and case law (University of Idaho College of Law, n.d.). First, the constitution defines the position of government and the rules that dictate its day-to-day running. All laws of the land are expected to abide by the rules of the constitution. For example, the fourth amendment protects U.S citizens from unreasonable searches and seizures. Law enforcement agencies are expected to observe this requirement to the letter regardless of their State of jurisdiction.
Secondly, statutory laws are established during federal or state legislative sessions. While federal statutes are applicable within the 50 states, state statutes apply only within the state. For example, the clean air act which was established at the federal l level regulates air pollution across the board.
Thirdly, administrative regulations provide guidelines at the state and federal level on how laws should be applied. The USEPA is also mandated to enforce pollution standards in the United States. For example, the internal revenue service crafts rules that affect taxation polices in all the 50 states. Lastly, Case Law and Judicial Opinions become sources of law when judges apply definitions and rules based on the traditional way of dealing with specific matters. For example, matters of torts which rarely exist in State/federal law are usually defined based on tradition.
References
University of Idaho College of Law. Sources of Law. Retrieved from https://www.uidaho.edu/~/media/UIdaho-Responsive/Files/law/library/legal-research/guides/sources -law.ashx.
MEMORANDUM
LAW OF TORTS AND BUSINESS STARTUPS
The Torts that protect against international interference with persons and property
Intentional interference with individuals includes offenses such as a battery, assault, false incarceration, medical battery and malicious prosecution. Assault In the law of torts requires a plaintiff to prove that the defendant threatened him. The plaintiff should believe the threat was genuine and that the accused was capable of carrying out the threat. The battery is the intentional touching of another person without his or her permission and usually, follows an assault. The touching does not have to injure the person but has to offend in one way or the other. The tort of false incarceration occurs where one is confined without legal evidence and against one's will without the ability to escape. Malicious prosecution, on the other hand, is the wrongful prosecution of a person without probable and reasonable cause (Hodgson, & Lewthwaite, 2007).
Trespass, private nuisance, and public nuisance are types of intentional interference with property. Trespass is committed when someone enters another person's property without legal authority or permission. A private nuisance is a situation where noise or any air pollution i.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
2. The area of tort law provides a person who has been
harmed as the result of the wrongful acts of others
the opportunity to bring a civil action for the harm or
suffering caused. The person who has been injured or
sustains pecuniary damages as the result of the
wrongful act of another is referred to as the plaintiff,
and the person causing the harm or damage is
identified as the defendant or tortfeasor.
WHAT IS TORT LAW?
3. Three components must be satisfied in order for a
tort action to exist:
The defendant had a legal duty to act in a given way
toward the plaintiff.
The defendant breached that duty directed to the
plaintiff.
The plaintiff suffered injury or harm as a direct result
of the defendant’s wrongful act.
A tort action is usually instituted by a plaintiff who is
most often a person or an entity such as a business
against a defendant who is a person and/or a given
entity such as a corporation for the wrongful act
caused.
4. HISTORICAL PERSPECTIVE ON TORT LAW
The origins of tort law are difficult to determine, and it has
been suggested that tort law was poorly defined in the
beginning
The underlying principles of tort law appear to have
evolved from an examination of one’s moral and civil
obligations to society
However, the concept of torts was to be different from
criminal action.
5. A criminal breaks man-made laws, and a tortfeasor (wrongdoer)
commits acts that violate what is generally acceptable to society.
And if one caused sufficient damage, injury, or harm to another, his
or her responsibility usually involved monetary compensation to
the aggrieved party.
The word “tort” is derived from the Latin term “tortus,”
meaning twisted or crooked. The word came to mean simply
“wrong,” and then evolved to mean a “civil wrong.
By the twentieth century, tort law was established with
specific areas of concern and defined legal boundaries so it
would have its own unique character. It was intended not to
infringe upon such legal areas as criminal actions, breach of
contract matters, general property rights, government issues,
and a host of other legal considerations.
6. Course Outcomes-
analyze the basic and emerging concepts under law
of torts
identify the general and specific defences which can
be availed by the defendant
identify the factors leading to tort of negligence and
nuisance
examine the circumstances for the applicability of
principles like vicarious liability, strict liability and
absolute liability
apply the provisions of Consumer Protection Act
analyze the provisions of Motor Vehicle Act
7. COURSE TOPICS
Torts meaning and
introduction
General defences
Defamation
Negligence
Nuisance
Vicarious Liability
Strict and absolute liability
Consumer Protection Act
Motor Vehicle Act
BEFORE MTE AFTER MTE
8. Origin of Tort Theory
Law and civilisation co-exist. One cannot exist
without another. If one flourishes, the other one
develops too and with the decline in one, the
other suffers. So, for offences related to day-to-
day affairs, tort law was formed.
The origin of the Law of Torts can be traced to
Roman precept alterium non- laedere. The
maxim means “not to injure another” i.e. not to
hurt anyone by deeds or words.
9. Law of Torts in England
The English law of Torts is a branch of English
Common Law. Common Law is the precedents or
case laws which differs from the statute law or law
enacted by Acts of Parliament.
In fact, the word tort was introduced by the French-
speaking lawyers and judges of the Courts of
Normandy and Angevin Kings of England. The law
of Torts consists of various judgements that are
derived from legal principles and statues. The acts
made by parliament cannot be tested and remains
undoubted.
10. Application of English Law of Torts in
India
Law of Tort in India is basically English Tort law.
The English Law of Torts has a lot of dominance on the Indian
Tort law, though the law was modified according to Indian
legislation. When the British were ruling India, they introduced
their own rules and regulations to administer justice in the country.
As the Indian people were completely unaware of the English
Laws, the laws proved to be unfair for them and created injustice.
The first court started by the Britishers in India were Mayors
Courts in the Presidency Towns of Calcutta, Madras and Bombay.
These courts came under the jurisdiction of English statute and
Acts which were then enforced in England.
11. The courts established that time worked on the principle of
“justice, equity and good conscience.” The expression “justice,
equity and good conscience” was interpreted by the Privy
Council to mean rules of English Law so far as they are
applicable to Indian society and circumstances. All this stated,
that the High Courts of Bombay, Calcutta and Madras followed
Common Law of Torts and the other courts administered the
principle of justice, equity and good conscience.
The Law of Torts in India is still uncodified ad is still based on
Common Law of England. In absence of Common Law, Indian
Courts apply the principles of justice, equity and good
conscience.
12. The Main purpose of Law of Torts in
India
The main purpose of Law of Torts is to provide compensation to
the person who has suffered injuries. Though in modern times, the
aim is to distribute the losses among people who are in a way
connected to each other
In both crime and torts, the common element is of violation of
general duty. The state controls serious crimes like murder,
robbery, burglary etc. In Law of Torts too, the state has control
over all the common wrongs. It is believed that harm to an
individual is equivalent to society.
Thus, the main purpose of Law of Torts is to punish the
wrongdoer and promote peace in the society.
13. Reasons for the slow development of
Law of Torts in India
The Law of Torts is not much developed in India as compared to other
nations. Even the Indian Tort Law is not codified. There are many
reasons for the slow development of Tort Law in India, some are
listed below-
1) The law is uncertain. As the law is not codified and still in its
developing stages, it proves to be very uncertain for the people.
This is the reason why a very few numbers of cases are filed
under Tort Law in India. Also, there is a lack of precedents which
increases the ambiguity of Tort law. The precedents available
belong to English Tort law and cannot be applied to Indian Law.
14. 2 There is a lack of political consciousness among the people. The
people are not even aware of their rights due to which Tort law is
not used much in the country. This problem is because of the vast
illiteracy in India which also lead to people not going to court for
exercising their rights. A lot of importance is placed on people
performing their duties than people demanding their rights.
3 Poverty also remains an issue for the slow development of Tort
Law in India. The population in India is mostly economically
backward and as a result, they are incapable of meeting high
costs of litigation. This remains a prime reason for refraining
from filing a Tort case.
4 Furthermore, the judicial system is very expensive. The rate of
court fee and lawyers fee is very high. As a result, the poor man
decides to suffer the pain than to approach the court.
5 Most of the people think that these matters are not much
important, so they don’t feel the need to go to the courts