COMLAW 101 Chapter Notes - Chapter 5-10: Mischief Rule, Marx Brothers, Royal Assent
Document Summary
Nzbora rights are not absolute, courts cannot refuse statutes. A journalist wants to publish an article about a minister that states the minister is involved in the sale of class a drugs in nz. Employer refuses to publish the story saying that if it does, x will be imprisoned and m will shut down and the minister cannot be prosecuted by the police for the drug dealing. Rule of law - the minister must follow the same law as everyone else, so the minister can be prosecuted for drug dealing. Analogy to fiduciary duty/trusteeship - must provide upmost care and cause no harm, maori iwi land cannot be confiscated and give the land back if it"s known to be bad contaminated land, not like a commercial transaction. Fair and reasonable redress - many maori land confiscated, cannot be returned as now it"s private ownership also not enough money to pay back everyone.