This document discusses several court cases related to public policy and psychiatric injury from tort cases. It establishes that courts now have the power to consider public policy implications when imposing liability. One case did not impose liability on police who failed to act on a warning about a teacher who later killed a student, though this was later challenged. The standard for primary victims claiming psychiatric injuries was that injuries must be reasonably foreseeable, and secondary victims must meet four criteria including witnessing the incident and having a close relationship to the primary victim.
Abetment and Criminal Conspiracy under English and Indian lawNishkaPrajapati
1. Explain the provisions relating to abetment in English and Indian law.
2. Proof of conspiracy and its admissibility.
3. Difference between abetment and conspiracy.
4. Sections 34, 109 and 120-A.
LLB LAW NOTES ON CONTRACTS
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KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
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Abetment and Criminal Conspiracy under English and Indian lawNishkaPrajapati
1. Explain the provisions relating to abetment in English and Indian law.
2. Proof of conspiracy and its admissibility.
3. Difference between abetment and conspiracy.
4. Sections 34, 109 and 120-A.
LLB LAW NOTES ON CONTRACTS
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Load balancing is something most of us assume is a solved problem. But the idea that load balancing is “solved” could not be further from the truth. If you use multiple load balancers, the problem is even worse. Most of us use “random” or “round-robin” techniques, which have certain advantages but are highly inefficient. Others use more complex algorithms like “least-conns,” which can be more efficient but have horrific edge cases. “Consistent hashing” is a very useful technique but only applies to certain problems.
There are several factors that exist both in theory and practice that make efficient load balancing an exceptionally hard problem, including Poisson request arrival times, exponentially distributed response latency, and oscillations when sharing data between multiple load balancers. Luckily, there are techniques and algorithms that have been developed that can make life better. Tyler McMullen explains some of the ways that we can do better than “random,” “round-robin,” and naive “least-conns,” even with distributed load balancers.
Justification of Torts & General Defencesairlawacademy
Liability under Tort is a bit tricky subject. Only the injury which is legal but not any actual damage is protected and compensated. But as no law is good without its exception, such is Law of Torts without the General Defences and Justification.
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/.
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.
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Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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 .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
2. Expressly gives courts (for the first) time the power to
consider the wider implications of any decision to
impose liability on a defendant in a tort case.
S 1 Compensation Act 2006
3. Hill v Chief Constable of West
Yorkshire [1998]
Mrs Hill failed in her action to hold the police negligent
for releasing the Yorkshire Ripper after they had had
him in custody.
4. Osman v UK [2000]
Facts: A schoolteacher killed his student. The police had been warned
that the schoolteacher might do something but had not acted on the
warning.
Point of Law: Based on public policy grounds the court did not impose
liability on the police.
NB: This decision was challenged before the European Court of Human
Rights. The ECtHR recognised that the public policy constraints were in
place to ensure the efficacy of the police but felt that in this case they
had not been correctly balanced against the rights of the individual
and that Article 6 ECHR had been contravened.
5. Anns v Merton Borough Council
(1977)
The H of L held that where there was foreseeability and
proximity there should be a duty of care unless there was a
policy reason for holding that no duty existed. However, this
came to be regarded as too wide a test and it was turned
round in Caparo v Dickman, so that even where there is
foreseeability and proximity the court may decide that there
should not be a duty of care, because it would not be fair, just
or reasonable to impose one.
6. Hinz v Berry [1970]
Facts: A pregnant claimant and one of her children
witnessed her husband dying and her other three children
were badly injured. As a consequence of this she became
morbidly depressed.
Point of Law: She was entitled to recover as she had
demonstrated a recognised psychiatric condition as
opposed to feelings of grief and sorrow.
7. Wilkinson v Downtown [1897]
The claimant successfully claimed damages for shock
from the defendant who told her as a joke that her
husband had been injured in an accident.
8. Page v Smith [1995]
Facts: The claimant was injured in a minor car accident
caused by the defendant’s negligence . The claimant was not
physically injured but the shock caused his pre-existing
chronic fatigue syndrome to worsen significantly.
Point of Law: The House of Lords overruled the previous
point of law and said that a primary vicitim could claim for
psychiatric injury providing that injury was reasonably
foreseeable. The court would not distinguish between
psychiatric and physical injury.
9. Alcock v Chief Constable of South
Yorkshire [1992]
As a result of this case a set of rules were established concerning
secondary vicitims.
1. A close relationship of love and affection with the principal
victim.
2. The claimant must be physically close in time and distance
from the incident.
3. The claimant must have witnessed the incident with her own
senses.
4. The psychiatric harm should be caused by sudden shock.
10. White v Chief Constable of South
Yorkshire Police [1999]
Police officers present at the Hillsborough ground on the
date of the Hillsborough disaster sued their employer for
damages in respect of the post traumatic stress disorder
they suffered. The Court held that the rescuers did not
satisfy the first test in Alcock and therefore rescuers no
longer fell into the category of primary victims.
12. Expressly gives courts (for the first) time the power to
consider the wider implications of any decision to
impose liability on a defendant in a tort case.
13. Mrs Hill failed in her action to hold the police negligent
for releasing the Yorkshire Ripper after they had had
him in custody.
14. Facts: A schoolteacher killed his student. The police had been warned
that the schoolteacher might do something but had not acted on the
warning.
Point of Law: Based on public policy grounds the court did not impose
liability on the police.
NB: This decision was challenged before the European Court of Human
Rights. The ECtHR recognised that the public policy constraints were in
place to ensure the efficacy of the police but felt that in this case they
had not been correctly balanced against the rights of the individual
and that Article 6 ECHR had been contravened.
15. The H of L held that where there was foreseeability and
proximity there should be a duty of care unless there was a
policy reason for holding that no duty existed. However, this
came to be regarded as too wide a test and it was turned
round in Caparo v Dickman, so that even where there is
foreseeability and proximity the court may decide that there
should not be a duty of care, because it would not be fair, just
or reasonable to impose one.
16. Facts: A pregnant claimant and one of her children
witnessed her husband dying and her other three children
were badly injured. As a consequence of this she became
morbidly depressed.
Point of Law: She was entitled to recover as she had
demonstrated a recognised psychiatric condition as
opposed to feelings of grief and sorrow.
17. The claimant successfully claimed damages for shock
from the defendant who told her as a joke that her
husband had been injured in an accident.
18. Facts: The claimant was injured in a minor car accident
caused by the defendant’s negligence . The claimant was not
physically injured but the shock caused his pre-existing
chronic fatigue syndrome to worsen significantly.
Point of Law: The House of Lords overruled the previous
point of law and said that a primary vicitim could claim for
psychiatric injury providing that injury was reasonably
foreseeable. The court would not distinguish between
psychiatric and physical injury.
19. As a result of this case a set of rules were established concerning
secondary vicitims.
1. A close relationship of love and affection with the principal
victim.
2. The claimant must be physically close in time and distance
from the incident.
3. The claimant must have witnessed the incident with her own
senses.
4. The psychiatric harm should be caused by sudden shock.
20. Police officers present at the Hillsborough ground on the
date of the Hillsborough disaster sued their employer for
damages in respect of the post traumatic stress disorder
they suffered. The Court held that the rescuers did not
satisfy the first test in Alcock and therefore rescuers no
longer fell into the category of primary victims.