The document summarizes four key cases related to negligence and foreseeability of damages:
1) Re Polemis - A shipowner sued a charterer after benzene leaked on board and was ignited by a spark, causing an explosion. The court held the charterer liable as the explosion was a direct consequence of their servant's negligence.
2) The Wagon Mound (No: 1) - Oil leaked from a ship and later ignited, destroying a nearby wharf. However, the court found the defendants not liable as the risk of fire could not have been foreseen.
3) Hughes v Lord Advocate - A man was injured after a lamp dropped into an unguarded manhole
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
As a landowner, you may confront a variety of hazards on your land or neighbouring land. These hazards could include; collapsing retaining walls, landslides and rock falls. The problem with these hazards, if they are not dealt with in the right manner, can cause disputes between neighbours and can be typically drawn out and costly.
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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.
As a landowner, you may confront a variety of hazards on your land or neighbouring land. These hazards could include; collapsing retaining walls, landslides and rock falls. The problem with these hazards, if they are not dealt with in the right manner, can cause disputes between neighbours and can be typically drawn out and costly.
www.muellers.com.au I 02 9562 1266
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.
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.
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.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
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 .
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/.
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.
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)
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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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.
1. Re Polemis (1921)
The chaterer of a ship
loaded benzine on
board the ship. The
benzine leaked
causing the bottom of
the deck fill with
vapour. A stevedore,
employed
By the chaterer
negligently droped a
Wooden plank into
the hold and causes a
spark which ignited
the vapour and the
ship exploded.The
owner of the ship sued
the chaterer on the
ground that the ship
exploded due to the
chaterer`s
servant(stevedore)
negligent. On the
other hand Chaterer
claimed that the
negligence of their
servant was too
remote to recovered
under
negligence.COA held
chaterer liable and
damage was not too
remote.D is liable if
the damage was the
direct consequences
of his negligence
The Wagon Mound
(No:l)
[1961]Privy Council
Due to the negligence of
defendant`s employees,
furnace oil leaked from
the defendant`s ship `The
Wagon Mound`the oild
discharged into Sydney
Harbour.The oil split
floated across the plaitif`s
wharf where welding was
taking place. The P
sought scientific advise as
to the likelihood of the oil
igniting during their
welding operations and
was assured no danger of
fire.P restarted their
operation. During the
operation, a metal droped
on the floating oil and
destroyed the P`s
wharf.Privy Council held
that defendants were not
liable for the destruction
of the wharf because they
could not have foreseen
the risk of damage by fire
Principle: The damage
must have been a
reasonably forseeable
consequences.
Hughes v Lord
Advocate [1963]
D opened a manhole in a
street and left covered
with only an erected tent
and some paraffin lamps
surrounding the
manhole.It was
unguarded.
An eight year old boy
dropped one of the lamps
in the hole which causes
explosion and he felt into
the hole and sustained
severe burn.D argued that
the explosion was too
remote to be forseen and
so not liable.HOL held D
had breach their duty to
safeguard P from the
explossion and D was
liable so long as injury by
burning was forseeable it
does not matter the
method by which the
burning occurred.
Chan Loo Khee v Lai
Siew Saw & Ors.
D left his car with its
parking lights on at the
side of the road. This
causes two approaching
cars collided. Majority
of Court held, that D
was not liable did not
create a substantial risk
of the collission.