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LAWS 2201 Notes

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LAWS 2201
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Laws 2201 Persons and PropertyBRING COPY OF CHARTERChapter 1 Private Law and Social WorldTaxonomylegal classificationtort contract trustsTort any civil wrongnegligence nuisance intrusion defamationLtd limited liabilityyou can limit your liability by using LDLP LTDCause of Actionlegal basis for being in court recognized in law Legal personalityRight to sue or be sued includes corporations and individuals except for minors incompetents Law of Torts tort is a civil wrong Duty not to harm your neighbour duty of care Neighbour is anyone or anything reasonably foreseeable harmed by your conduct Cause of Actiondutybreachdamages In order to be able to prove a tort one must prove1 Duty2 Breach3 DamagesIf all are proven one can receiveSpecial Get a payment out of the other partys pocket for work missed due to the infractionGeneral No maximum capwise for sentimental valueRemedy is restutio in integrumthis simply means that to make the person whole again there needs to be action taken which for example could be for the defendant to sue the plaintiff Ronald Dworkingoffers a vision of judicial obligation requiring the application of principles of justice and fairness although it requires difference towards procedure and statute Hendersonthinks that the traditional dichotomy between legality and empathy is misconceived and judges should add empathy to their list of tools for decisions Sale of goods actproduct has to be available to be used for the pretense use intended S15 Liberal PositivismThe idea that judges should not follow the parliamentary function on statutes but should rather take it into their own hands which would ultimately rewrite a statutes interpretation Should also limit their function to interpreting where an enactment isProblems Not all problems reduce to the wording so judges are allowed to look into context and to add into its words Construing statutes in a way reflecting current social relations or that existing many years ago militates against beneficial social change Stare Decisis To stand by things decidedThe traditional approach of statutory interpretation means judges are ultimately forced with contradictions of their judicial obligation Cases Chapter 11b Donoghue vs Stevenson 1932 HL P4 Facts P1 consumes a decomposing snail in an opaque bottle of ginger beerIssues Whether pleading discloses a cause of actionRatio Duty not to harm your neighbourproximity1c Priestly v Fowler 1835 p7FactsServant injured in an accident involving a faulty carriage
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