A discussion will be carried out to determine which claims Ursula, Daniel and John may be able to make in tort. The rules relating to occupiers’ liability and vicarious liability will require particular focus. To establish the likelihood on an efficacious claim, the relevant rules will be discussed and applied to each individual separately. Occupiers’ liability refers to the duty of care owed by occupiers to individuals who visit or trespass. Occupiers have a responsibility to ensure that the state
A counterfeit good is an item that is imitated, commonly by another “genuine” item. Counterfeit products are usually formed with the intention to recognize the considerable value of the duplicated product. Counterfeiting is a crucial issue that has grown to four times its size. In the past ten years, the damage of counterfeit has cost the United States over 200 billion dollars. The extraordinary development of counterfeiting and the manufacturing of copied products packaged with other labels, is
presumption that possession is prima facie evidence of ownership . In the judgment three main points of law were explored, namely the legal concepts of possession and relativity of title, the ‘jus tertii’ doctrine and the legal principle ‘ex turpi causa non oritur actio’. In this essay I will discuss and analyse each of these points and I will conclude by outlining the merits of Costello.
facilitate the fine flow of trade and commerce in internal and international trade. The purpose of a bank guarantee is to secure all obligations of the contractor under a contract in such a way that it ensures that the owner is compensated in case of non performance without the need of prior legal actions. In lieu of cash deposits it has become a worldwide common practice to accept bank guarantee. The bank guarantees are preferred to other categories of guarantees due to the financial credibility enjoyed