The document discusses the legal principles of foreseeability and novus actus interveniens in tort law. It provides examples of cases where:
1) The defendant was found liable because the type of damage was reasonably foreseeable, even if the extent was not (e.g. Wagon Mound I).
2) Intervening acts by the plaintiff or third parties may absolve the defendant of liability, unless their acts were foreseeable consequences of the defendant's negligence (e.g. McKew v Holland).
3) Natural or non-negligent intervening events will break the chain of causation and liability (e.g. Carslogie Steamship).
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.
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.
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.
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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
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PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
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How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
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1. The Wagon Mound I (1961) PC
The damage must have been a reasonable
foreseeable consequences.
(Followed by M`sian Court)
Once P established that a particular kind of
damage is foreseeable it is enough.
It doesn’t matter whether the extent of the injury
or its manner how it occur is foreseeable or not.
Hughes v Lord Advocate
But this rule was not followed in Doughty v
Turner Mfg.(Both must have been foreseen)
Estensive Damage
As long as the tyype of damage is
foreseen,it does not matter that its
severity could not been foreseen.
Bradford v Robinson
Rentals(frosbite was unforeseen
but the exposure r.foreseen may
cause injury .D Liable.
Egg Shell Skull Rule & Thin
Skull Rule
The defendant must take his
victim as he finds him.
Smith v Leech Brain Co.(lips
burn due to D`s negl.
Subseq.cause canser and
died.D liable.
Robinson v Post office.
Impecuniosity
The initial damage inflicted by D may
aggravated P due to his financial
disability. Whether P can claim or not?
The Liesbosch
It was held not claimable because it is
too remote and unforeseen. The law
does not cover to that extent.
Dodd Properties (Kent) Ltd. V
Canterbury City Council
The ct allow claim from date of trial and
not from date of damage becox of it is
foreseeable)
Novus Actus Interveniens
Damages occuring after novus actus interveniens
is regarded as too remote. Chain of causation
breaks.
There are 3 types.
Intervening act of Plaintiff
If the conduct of P has amounted to a
novus actus interveniens then D is not
liable.
Mc Kew v Holland & Hannen &
Cubitts(Unreasonable act of P putting
himself under emergency which cause
him unjury.D not liable.
Wieland v Cyril Lord Carpet( the
second injury was foreseen as result of
first injury. Not novus actus. D liable.)
If P and D contributed to P`s injury then
contributory negligence
Intervening act by Third Party
Gr. where defendant`s negligence was
followed by the act of 3rd
party causing
further damage to P then D is not liable
if he can prove that the intervening act
cause by 3rd
party.
If (Dl) `s negligence is reasonably
foreseeable that it may cause the third
party to act negligently the (D1) is
liable.
Stansbie v Troman
Home Office v Dorset Yacht
But Lamb v London Borough of
Camden gave alternative view.If
damage is unforeseen consequences
of D`s negligence then D is not liable.
Novus actus due
to Natural Event
D not liable.
Carslogie Steamship v
Royal Norwegian Govt.
Suicide cases
If P could not stand initial injury and
commit suicide.Dl still liable.Kirkham v
Chief Const.of Greater Manchester
Police.