In Tort law, there are two important laws that prevail in United Kingdom, that is, law of contract and law of tort. The same are law of contract (a contract deals with when parties are in relationship by forming an agreement and abide by its terms) and the law of negligence (where the parties are in relationship under the duty of law).
Instant Assignment Help Australia have drafted a PPT on “Aspects of Contract and Negligence”. For more PPT sample kindly mail us at :help@instantassignmenthelp.com.au or Call Us at: +61 879 057 034.
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
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.
Instant Assignment Help Australia have drafted a PPT on “Aspects of Contract and Negligence”. For more PPT sample kindly mail us at :help@instantassignmenthelp.com.au or Call Us at: +61 879 057 034.
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
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.
subject of professional liability and managing your E&O risk. Highlights of the presentation are as follows. Errors and Omissions: What is an E&O, sample cases/claims. Negligence versus contract: Obligations to others. Standards of care. Damages: direct, consequential. Joint and several liability; loser pays. Insurance and risk management considerations. Presenter(s): Maurice Audet and Shelley Lloyd both of Aon Reed Stenhouse Inc.
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
CGL Coverage Form -- Coverage A (from FC&S Legal: The Insurance Coverage Law ...NationalUnderwriter
This article analyzes coverage A, bodily injury and property damage coverages of the ISO CGL form CG 00 01.
Bodily Injury and Property Damage Liability:
Summary: Coverage A of the current commercial general liability (CGL) coverage forms, both the
occurrence form and the claims-made form, provides bodily injury and property damage liability
insurance. This article discusses the features of coverage A that are common to both the occurrence
and the claims-made form.
LIABILITY INSURANCE: WHAT YOU MUST KNOW!Newton Bezeng
The law obligates us to exercise a duty of care to our neighbor while carrying out our personal or business activities in the course of our life. A breach of our duties will be considered tortious and will be held liable. This articles is examine using the various questions and headings:
What is Liability Insurance?
An Overview
What are the Sources of Liability Insurance?
What are the different types of liability insurance?
How can Liability Insurance Arise?
The Importance of Liability Insurance
Conclusion
Agency "PART 1" (Chapter 18) - Business LawSandeep Sharma
PPT on "Agency" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
Balanced and Healthy Living bestows both Preventive as well as Curative benefits, saving you from unwanted (physical and mental) ailments; and also providing early recovery from the illness you could be facing. Make these easy and doable 10 Tips for Balanced and Healthy Living as part and parcel of your Everyday Lifestyle and feel the magic ! :)
http://drsonicakrishan.blogspot.in/2014/02/top-10-tips-for-living-balanced-and.html
subject of professional liability and managing your E&O risk. Highlights of the presentation are as follows. Errors and Omissions: What is an E&O, sample cases/claims. Negligence versus contract: Obligations to others. Standards of care. Damages: direct, consequential. Joint and several liability; loser pays. Insurance and risk management considerations. Presenter(s): Maurice Audet and Shelley Lloyd both of Aon Reed Stenhouse Inc.
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
CGL Coverage Form -- Coverage A (from FC&S Legal: The Insurance Coverage Law ...NationalUnderwriter
This article analyzes coverage A, bodily injury and property damage coverages of the ISO CGL form CG 00 01.
Bodily Injury and Property Damage Liability:
Summary: Coverage A of the current commercial general liability (CGL) coverage forms, both the
occurrence form and the claims-made form, provides bodily injury and property damage liability
insurance. This article discusses the features of coverage A that are common to both the occurrence
and the claims-made form.
LIABILITY INSURANCE: WHAT YOU MUST KNOW!Newton Bezeng
The law obligates us to exercise a duty of care to our neighbor while carrying out our personal or business activities in the course of our life. A breach of our duties will be considered tortious and will be held liable. This articles is examine using the various questions and headings:
What is Liability Insurance?
An Overview
What are the Sources of Liability Insurance?
What are the different types of liability insurance?
How can Liability Insurance Arise?
The Importance of Liability Insurance
Conclusion
Agency "PART 1" (Chapter 18) - Business LawSandeep Sharma
PPT on "Agency" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
Meaning with suitable example & explanation.
Balanced and Healthy Living bestows both Preventive as well as Curative benefits, saving you from unwanted (physical and mental) ailments; and also providing early recovery from the illness you could be facing. Make these easy and doable 10 Tips for Balanced and Healthy Living as part and parcel of your Everyday Lifestyle and feel the magic ! :)
http://drsonicakrishan.blogspot.in/2014/02/top-10-tips-for-living-balanced-and.html
Gestor de Proyecto TiC elaborado por los docentes Jesús Lobo, Isolina Sandoval, Jose Consuegra, Jose Ferreira y Mercedes Montero del municipio de Soledad-Atlantico
Mobile technology Challenges And Case Studies Shivam mishrashivam mishra
Mobile technology Challenges And Case Studies
Banking (check balance, make transaction)
Restaurant (order and payment)
Mobile Payment (ticket, vending machine)
Tourism: tourist guide
Education: mobile learning
Entertainment: interactive digital art
Scientific: controlling and monitoring
Shivam mishra
Malpractice Suit Against Trustee Who Failed to Inform Beneficiaries of Potent...theBurgessGroup
The successor trustees and beneficiaries of the Vitello family trust sued Kathleen King O'Brien, a Michigan lawyer, for malpractice in her handling of a policy owned by the trust when she was the trustee. O'Brien sought coverage from her malpractice insurer, Hartford Casualty. But it denies her claim because she had failed to timely notify it of the reasonably foreseeable possibility that the Vitello trust would pursue a malpractice claim against her.
1. Contract of Indemnity (special contracts).pptxmirzareesha29
The PPT explains the contract of indemnity, a part of special contract syllabus in the course of B.A. LL.B. It helps students understand the concept of indemnity in Indian contract act and its relationship with guarantee.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
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Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
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Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
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Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
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Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
2. Introduction
The present task has undertaken an attempt to analyse the law of negligence especially when professional advice is furnished by the parties. The Task has tried to contrast the
liabilities in tort and contract before understanding the law behind negligence. The major issue that is analysed after understanding the case scenario is whether Schneur can
recover his losses from Patricia from providing wrong advice?
Relevant Law
Liability in Negligence Tort and Contract – A brief contrast
In Tort law, there are two important laws that prevail in United Kingdom, that is, law of contract and law of tort. The same are law of contract (a contract deals with when parties
are in relationship by forming an agreement and abide by its terms) and the law of negligence (where the parties are in relat ionship under the duty of law). Both the laws are of
civil nature but are very distinct. In the law of contract the parties are in contractual relationship which is not in tort law. Also, the liability in contract is strict and pre-
determined whereas in tort the liability is fault based and is not pre-determined by the parties. Thus, though both the laws are very important but are distinct. Read more -
: Research On Law Assignment
The law of Negligence – Meaning and essentials
In tort law, one of the areas of law that is very important is the law of negligence by professionals by furnishing advice. Normally, a person is considered to be negligent when he
does not cater his duty of care which is imposed upon him by law and because of such violation of duty of care loss is caused to Plaintiff. A plaintiff is considered to be a person
who in proximate relationship with the defendant, that is, a person upon whom the effects of defendant will directly fall. Th us, in order to bring claim of negligent advice by
professional, the main essential to prove are:
1. Duty of care – Duty of care means that the defendant must undertake his actions in such a manner so that no loss is caused to any person bec ause of his actions
(Caparo Industries V Dickman (1990). That the professional is imposed with a duty of care to provide the advice in such manner so that no loss is caused by a
person who is relying upon his advice. Due care and skill must be applied by a professional before any advice is furnished by him (Bolam v Friern Hospital
Management Committee (1957 & Midland Bank Trust Co. v Hett, Stubbs and Kemp (1979). The professional must be aware that the plaintiff is relying on is advice
and thus is his neighbour and must adequate provide advice so as to mitigate any loss. The loss which may be imposed is reasonably foreseeable. In George
Hawkins v Chrysler (U.K.) and Burne Associates (1986) it was submitted that the professional must provide as far as possible adequate advice especially in
exceptional circumstances, that is, when he is aware that his advice will be relied upon(Morgan Crucible Co plc v Hill Samuel Bank Ltd (1991). (Powell
2016) Once duty of care is established, the next important elements are breach of duty of care.
1. Breach of duty of care – The duty of care which is not performed as per the level of standard of care which is required then there is breach of duty of care. When
the professional who is furnishing expert advice provides the advice but did not match the level of care and standard that is required while furnishing such advice,
then the duty is considered to be violated. In Clack v Wrigleys Solicitors LLP (2013) the courts held that if the professional does not cater all due care and skill
that is required in a given situation then such defendant or professional can be sued under the law of negligence and must pa y compensation for the loss so
suffered by the plaintiff (Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964). (Salter 2013)
After the breach of duty is also established against the defendant, then, lastly damages must also be suffered by the claiman t.
Damage – Damages is the consequences that follow from the breach of duty of care. Once the duty of care is violated by the professional while furnishing advice,
then loss must be caused to the plaintiff who is relying on the advice so furnished by the professional. The loss so caused must not be secluded and must be easily
predictable by the professional while giving advice and the loss so caused to the plaintiff must be the direct result of the wrong advice so furnished by the
professional. In Lennon v Commissioner of the Metropolis (2004), that when a claimant is relying on the expert knowledge of the professional and suffers losses
because of such advice, then, damages are sustained by him because of professional negligence and the defendant has to compen sate for the loss so suffered.
(Pearson 2016) Damage in all scenarios must not be remote in order to cover under negligence (Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co
Ltd (1961). When all the essentials of the law of negligence are proved, then the professional can be held liable for acting negligently and causing harm to the
plaintiff.See more BUSINESS LAW
A defendant can protect himself from the consequences under the law of negligence provided the liability is excluded by the defendant under the shed of
defences:
1. One of such act is when specific exclusion clause is made while furnishing advice and the exclusion clause is brought within the knowledge of the plaintiff prior
furnishing advice. (RPC 2016)
2. When the plaintiff has suffered loss because of his own risk and is called defence of volenti non fit injuria and is held in ICI v Shatwell (1953).
When the plaintiff and defendant both have contributed to the loss of plaintiff then the liability of the defendant is reduced proportionality and the defenceis called
contributory negligence and is held in Lumsden v London Trustees Savings Bank (1971).
3. 1. Ex turpi causa exist when the plaintiff cannot seek remedy as he is himself involved in illegal actions. Now, the law is applied to the facts.
Application and conclusion
Now, when the law is applied to the facts, Faisal provided the details of his accountant while applying for a rented flat from Schne ur. Schneur then applied to the accountant
(Patricia) to gain information regarding the financial position of Faisal. In such situation, Patricia was a professional and she is aware that Schneur is relying on her advice prior
granting tenancy to Faisal. Thus, it is her duty to provide adequate care when furnishing any advice. On the contrary, Patric ia did not comply with the standard of care that is
required from her and she confuses Faisal with another client and does not bother to check the file properly. She replies to Schneur that Faisal is an excellent client with high
income and capital and recommends him as a tenant. Rather, in reality, Faisal was continuously in overdraft and had been in serious debt with various banks on and off for
several years. Thus, she did not perform with adequate duty of care and thus causes loss to Schneur. Thus, Patricia is negligent in her acts and is liable to compensate
Schneur. However, Patricia while furnishing advice incorporated a clause, that is, ‘this firm will not accept any liability for inaccuracy contained in this reference or any loss
incurred as a consequence’. Theclause is applicable only when the same is brought within the knowledgeSchneur while furnishing advice. Thus, Schneur can sue Patricia under
the law of negligence; however, Patricia can exclude her liability if she can prove that the exclusion clause was within the knowledge of Schneur.
Task 4
Introduction
Following statement is analysed in the present Task, ‘Provided the claimant establishes that he owed a duty of care, damages will be awarded for every loss suffered as a
result of a negligent act’ The statement is critically evaluated.
Negligence
Normally, under the law of negligence, whenever, a defendant is imposed with a duty of care which is not fulfilled by him and which causes loss to the claimant, then, such
defendant is held to be liable under the law of negligence (Pearson 2016). Now, whether such claimant can sue the defendant for every loss that is suffered by him is the main
question to be determined which is analysed with the help of relevant cases and references.
Kinds of Damages
Normally, if a defendant is held negligent, then, the various forms of damages that can be attained are:
1. Special damages - Special damages means the damages which can be awarded to the claimant and which are calculated from the time when the defend ant has
indulged in a negligent act and extends to the time till the trial is proved by the court of law. These are the damages which may comp rise of medical bills of the
claimant (Lim Poh Choo v Camden and Islington Area Health Authority (1979), wages which are lost by the claimant because of the loss so suffered by him or the
damage which are caused to his property because of the negligent actions of the defendant (Croke v Wiseman (1982). In British Transport Commission
Gourley (1956) and Pickett British Rail Engineering Ltd (1980), the losses are considered as special damages which can be claimed by claimant. (BOL 2016)
2. General Damages – The damages which cannot be calculated in monetary terms are called general damages. These are non- calculative because there is no
receipt or invoice to support the same which is though available in special damages. Such damages include the suffering that is sustained by a claimant as a result
out of pain or the suffering after the action of negligence by the defendant. In Wise v Kaye (1962) damages were awarded or pain and suffering, and are considered
as general damages.
Nominal damages – Nominal Damages means the damages which are not be able to be calculate by the court. This is because the loss so suffered by the plaintiff
is very minimal and thus the court is not able to calculate such damages. In such situation, nominal damages are awarded.
1. Punitive damages – Punitive damages means when instead of compensating the plaintiff, punishment is inflicted on the defendant. These damages ca n be
recovered by the plaintiff only when he can sue that the acts of the defendant are more than mere negligence and in such case s punitive damages can also be
imposed on the defendant.
2. Pure economic losses – These are the damages which arise out of the negligence of the defendant. Generally pure economic losses are no recoverable but the
same can be recoverable wherein can be shown that the plaintiff and defendant are in special relationship and there exists a duty of care upon the defendant. In
such situations pure economic losses can also be granted to the plaintiff. Thus, in Spartan Steel & Alloys Ltd v Martin & Co Ltd (1973) pure economic losses were
also awarded in cases of negligence. (BOL 2016)
Thus, it is justified in submitted that in cases of negligence, the claimant seek to recover normally all kinds of losses that are suffered by him because of the negligent action of
the defendant. The main advantages of grating such kinds of damages is that by granting damages the plaintiff is put back to the same position as if no loss is caused to him
because of defendant. It acts as a deterrent effect on the defendant to carry out his actions in such manner so that no loss is caused to the plaintiff.Look at This -: SOURCES LAW
JUDICIAL REASONING
Conclusion
4. The present assignment thus covers significant areas of law, such as, the law of contracts, its meaning, its essentials, kind s of contracts, its impact, contractual terms, is meaning,
impact and remedies, the law of negligence, its essentials, exclusion, etc. All the legal frameworks are very important and must be complied with in order to achieve the desired
results.