This problem question is about claiming for damages due to psychiatric harm. It involves questions regarding primary victims, secondary victims, and special duties problems. Annie: Annie who suffered from uncontrollable grief after being her dead husbands body would most likely not be able to successfully sue for damages. In Hinz v. Berry [1970] Q.B. 40 it is stated that in english law one can´t claim for damages because of grief or sorrow. Annie would be classified and try to sue as a secondary
Blane was almost ripe to take over the Lairdship of Edinburgh had his father not been prime. At age 30, he was remarkably handsome and attractive particularly showing traits of a good chief. Slowly but surely, his father has trained him regarding the land they occupied, fought for and won as favors from the King through a long line of rich heritage and valiant ancestry. He was no doubt the prized possession any woman would have wished for. Annabel was 18 when she first set foot in the Campbell
Politics. Interpretation. Media. These are all aspects that play a role in how people perceive the world. Because of these ideas and ideologies that are influenced by society, some people may believe that certain religions such as Islam; may influence extremism. Yet, this is not the truth. Furthermore, extremism is not created by religion or in this case Islam. For the argument that Islam does not influence extremism, one must understand and educate one’s self regarding the factors that create,
Judges' Need to Follow Previous Precedent The lower courts are bound by the House of Lords so they have to apply their rules as if they were applying a statute. It was decided after the case 'London street tramways v London county council (1898)' that the House of Lords would be bound by its own previous decisions. This was a case during the nineteenth century, during the Victorian times when it was important to be consistent and certain. However during the twentieth
Question 1 Explain in which way an agency may be terminated by operation of law. (3marks) Answer: An agency is created by express appointment when the principal appoints the agent by express agreement with agent. This express agreement may be an oral or written agreement between the principal and the agent. There are four factors can cause the termination by operation of law. i. Agency is terminated by frustration In Marshall v Glanvill, Glanvill who is a firm of drapers appoints
It is an inevitability of the adversarial litigation system of the commonwealth, that the question of privilege should arise regarding the documents declared and produced during proceedings. In the context of civil litigation, privilege refers to the ability to withhold specified documents (despite disclosing them) on relevant legal grounds such as the Evidence Act, Civil Procedure Act, Uniform Civil Procedure Rules (UCPR) and common law. This essay shall explore the quite unique public policy basis
The Sale of Goods Act 1979 controls English law transactions between the purchaser and the seller of goods; it also applies to contracts where involving a transfer of the property in goods or an agreement to transfer a consideration in money. By s.13 SOGA 1979, where goods are sold by description, the implication is that the goods will reflect the description. S.14 also states that the seller of the goods must ensure that the goods sold are of satisfactory quality and also fit for purpose.
This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent. The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘Whenever
Discrimination in Employment Equal Pay Act passed in 1970. This implemented the European principle of Equal pay contained in Treaty of Rome Article 119 (now 141) and sets out a broad definition of pay. Although the EPA is limited in application in that the comparison is between a man and a woman presently employed by the same employer, Article 119 of the Treaty of Rome which requires 'equal pay for identical work' between the sexes confers a similar right to every
) First and foremost, in order for us to claim for the psychiatric damage that Adam has suffered under tort law, we will have to prove that Adam is either a primary victim or a secondary victim and Adam is suffered from a recognised psychiatric illness, anxiety and stress will generally not sufficient. Primary victims are those who directly involved in the event and secondary victims are those who are suffered a psychiatric illness when someone they know is killed or injured in an accident