INTRODUCTION The present essay deals with the law of torts. But, before dwelling onto the pertinent issue of what legal remedy the following parties have I will focus my attention on the concept of the law of torts. At a very basic level, one can say that tort law is concerned with the allocation of responsibility for losses which occur in our society in which we live. In the majority of tort cases coming before the courts the aggrieved party usually seeks monetary compensation (damages) for the
Research Paper Can Banks be Held Liable for the Advice That They Give to Their Customers? Please Discuss the Case Hedley Byrne vs. Heller. By: Carnika Moncur Course: BUSL256-Banking Law I Professor: Randall Dorsette Date: November 4th, 2014 Table of Contents Introduction……………………………………………………………………………………....3 What is Hedley Byrne?...................................................................................................................4 What is Heller?...............................
Torts are civil wrongs carried out by one party against another. If he or she wishes, the injured party may take civil action against the other individual. The injured party would then be considered as the plaintiff and the other party would be the defendant or tortfeasor. Torts safeguard specific opportunities that persons tend to hold dear within a democratic society. These include having the freedom or right to travel and to be able to enjoy your property (Lau & Johnson, 2011). In addition, this
When we look into the sphere of private law theory, utmost importance has been given to the remedy aspect of it. In recent tort law developments the area of English Unjust Enrichment law has been increasingly concentrated on. Conventionally, restitution was the only gain-based remedy, but in present times the internal feature of private law has paved way for other gain-based remedies to be adopted. The most widely used remedy is however the concept of compensation, a loss-based remedy. Professor
The courts have blindly adhered to precedent recognizing punitive damages as recoverable in civil actions. This adherence introduces the criminal remedy of punishment into civil law, which is inconsistent with the compensatory theory of civil damages. This topic is a controversial one that is well spoken and written about by many, it has raised numerous discussions and drawn many criticism ranging from the unpredictability high award that are granted by court when one is found to be punitively liable
This essay aims to examine the exercise of discretion in Britain in relation to policing, and why the abuse of the discretionary power may result in dangerous to the society or citizens. Before moving on to examination, it is first necessary to consider what could reasonably meant by police discretion, what factors may taken into account when using it and why it is an inevitable tool for police to intervene in or handle a particular situation. After considering possible reasons why discretion is
opposed by the statement that child labor is merely another measure to manage economic difficulties that citizens of developing countries encounter. If we consider child labor to be rooted in poverty and lack of education, then education itself, as this essay has argued/consulted statistics and studies clearly show, might be the key to improve children’s well-being. In conclusion, labor is naturally associated with exploiting children for financial gain and should, hence, not be recognized as appropriate
state or a person with someone else, contrary to their will, and safeguarded or persuaded by a claim that the individual meddled with will be in an ideal situation or shielded from damage. The issue of paternalism emerges regarding limitations by the law, for example, against drug enactment, the mandatory wearing of safety belts and in medicinal connections by the withholding of important data concerning patient’s condition by doctors. At the hypothetical level it brings up issues of how persons