Civil Law is a branch of law that matters itself with disputes that involve private parties, or negligent acts that cause harm to others. This is in contrast to criminal law which is invoked for the public purpose. Under civil law, there are remedial awards unlike in criminal law which is punitive in nature. These remedies can either be under tort or contract law.
To understand the civil liabilities and or remedies demanded between Andy, Sam and Bob, this can only do so if there is an appreciation of the existence of a contract between them. For this to be envisaged, then the requirements of a contract must be manifested. For a contract to be envisaged it must be mutually accepted by both parties and the manifestation of the principle of consensus ad idem (Holmes, 1897). The US Supreme Court in Baltimore & Ohio R. Co. v United States, held that where the meeting of the minds was not realized, then no party to the contract can bind the other to it, and as such a nullity. As between Andy and HOTMOTORS there existed this upon the agreement to buy a car which was to the liking of Andy. There must also be an offer and an acceptance for it to be binding. In this case the offer was by HOTMOTORS to which Andy accepted. There ought to be consideration which is deemed to be a core element for the formation of a contract. The rule is that the court troubles itself not in the adequacy of the consideration but rather its sufficiency. To this end, Andy paid $ 8 000 for the car despite its actual worth as opinioned by Maryam value of $ 40.
To this end, Sam can claim a lack of consensus as the car failed to work as would have been expected to. Immediately after purchase it failed to perform later when he had it inspected by a professional. Mary...
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...3] A.C. 92
Carnes v. Thompson, (1932) Supreme Court of Missouri. 48 S.W. 2d 903
Chirenje v Vendfin Investments and Others (36/05/01) [2009] ZWSC 11; SC 13/09 (19 March
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Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
MacEwing, J. M. (October 25, 2005). Making Sense of the Recent Case Law. Jenkins Marzban Logan
The parties involved are Jonathan and the Ambulance Service. The claimants involved are; Albert, George and Victor in question.
2. Compare and contrast tort and criminal law. What are some types of behavior that would be covered by both types of law? In criminal law, the indictment is by the legislature. Disciplines might be fines (paid to the administration) or the correctional facility. In tort law, the offended party who brings the claim is the individual who was specifically harmed and the discipline is normally installment of harms to the individual harmed. A few demonstrations of conduct that would be secured by both sorts of laws are whether some individual physically hit another person and intended to bring about damage on them that would
It is in the best interest of Athletic Directors and coaches to know how the rule of law pertains to athletics, physical education classes and recreation as our society today has become very litigious (Wolohan, 2013). In the case where a tort or wrongful act in which an injury occurred, whole departments, institutions, along with the individual who are in charge of oversight may be sued for negligence (Wolohan, 2013). In the past, it usually was just the individual who needed to be concerned. Hence, because of the increase in civil tort suits associated with athletics which are being brought to our court system to be resolved, sports law has become a major course of study at our colleges and universities (Wolohan, 2013). Therefore, having knowledge of what is or is not a tort, may be helpful to sports administrators in how they manage staff and facilities. Furthermore, the three types of common torts that affect athletic departments are negligence, intentional negligence, and defamation. Hence, examining each further may be helpful to athletic administrators and staff in preventing civil tort law suits.
Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century. According to the textbook, The Legal Environment of Business, tort law provides “remedies for the invasion of various protected interests.” (Cross & Miller, 2012) In this essay about tort law, I will talk about a tort case that has personally impacted me. To do so, I will provide a background of the event, apply facts of the case to applicable law, summarize lessons of the week as they relate to this case and provide a plausible argument for the parties involved.
The will be in question the adequate amount of compensation, the degree that the all parties involved have failed to perform and will suffer forfeiture along with the behavior of the parties that have failed to perform with the values of goods faith and fair dealing.
Legal studies is branched into many different sectors. One of the fundamental legal subjects is tort law. Tort law is known as the law that corrects civil wrongs. There are many different kinds of torts including tort of trespass, negligence and torts to land. Tort victims are entitled to claiming remedies, damages and injunctions. This essay will examine a case where the issues in hand are mainly negligence and occupier’s liability.
did owe a duty of care to Mrs. Donoghue, in that it was up to them to...
“In its other sense, civil law refers to matters of private law as opposed to public law, and particularly criminal law, which is concerned with harm to society at large. It is usually clear from the context which type of civil law is intended.”
United States of America. U.S. Supreme Court. Legal Information Institute. Cornell University Law School, 1 Apr. 2003. 13 Nov. 2013
In tort law, a duty of care is a lawful commitment which is forced on an individual expecting adherence to a standard of sensible care while playing out any demonstrations that could predictably hurt others. It is the main component that must be built up to continue with an activity of carelessness. Hot drinks, for example, tea, hot chocolate, and coffee are regularly served at temperatures between 160 degrees Fahrenheit and 185 degrees Fahrenheit. Brief exposures to fluids in this temperature range can cause noteworthy burns to the skin. I personally say that McDonald's did not demonstrate a duty of care towards Stacy Liebeck. Liebeck's vehicle was stopped, she was adding sugar and cream to the coffee, and coffee that is served to clients should be sufficiently hot that it tastes great yet sufficiently cool that you can drink it when its passed out the window.
allow a remedy in a particular case as it would open the doors to many
Glazewski, J.A. 2005. Environmental law in South Africa. 2nd ed. Cape Town: Butterworth publishing. 665 p.
Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.