We know now that this liability gained its basis from the case of Rylands v. Fletcher (1868) . It is a liability for which defendant is held liable even if he was not negligent, had no intention of causing that harm or even made positive efforts to avert the same. Because of this nature of it , it is also referred as “no fault” liability. According to this rule if a person brings any dangerous thing on his land and keeps it and that thing escapes and does the very probable mischief , the person brought it there or who is the owner of this thing will be liable even if he has not been negligent . The liability here arises not because of any fault of defendant but because of the dangerous nature of the thing brought to the land and escape of such thing.
Firstly, the plaintiff must prove that the defendant owed the plaintiff a duty of care. What is duty of care in this context? It is the responsibility to avoid careless actions that could cause harm to one or more persons. Secondly, the plaintiff bears the onus to prove that the defendant failed to succumb to the proper standard of care that a reasonable person would have provided in a similar situation. Standard of care is a way of measuring how much care one person owes another.
In the case of a plaintiff or party’s rights, a temporary injunction is not conclusive or deciding. If rights have been harmed, a preliminary injunction can halt progress to prevent further injustice. At the point of a temporary injunction, the court examines the present state and circumstances before continuing into an area that would obstruct the rights of the parties involved. The use of this injunction is generally considered to be appropriate only in extraordinary
Where only one party to a contract is mistaken as to the terms or subject matter. The cases may be categorised as follows: (A) MISTAKE AS TO THE TERMS OF THE CONTRACT Where one party is mistaken as to the nature of the contract and the other party is aware of the mistake, or the circumstances are such that he may be taken to be aware of it, the contract is void. For the mistake to be operative, the mistake by one party must be as to the terms of the contract itself. See: A mere error of judgement as to the quality of the subject matter will not suffice to render the contract void for unilateral mistake. See: • Smith v Hughes (1871) REMEDY Equity follows the law and will rescind a contract affected by unilateral mistake or refuse specific performance as in: • Webster v Cecil (1861) 30 Beav 62 (B) MISTAKE AS TO IDENTITY Here one party makes a contract with a second party, believing him to be a third party (ie, someone else).
Subjective recklessness involves the conscious taking of an unjustifiable risk. In other words, the accused was aware of the possibility that a certain harm might occur, but proceeded to act nonetheless. Objective recklessness must also involve the taking of an unjustifiable risk, but here it is not necessary for the accused to have considered the possibility that the
Consequently, by building up and creating insurance organizations, it has given livelihood chances to a huge number of individuals according to their capability and caliber. Cons: Can be costly: One of the disadvantages of insurance buyers is the value they need to pay. Some of the time, contingent upon the policy and certain components that influence the expense, for example, FICO assessment and other potential dangers to the insurance company, purchasing insurance can be costly. Be that as it may, if purchased at an opportune time, with the right reason and right amount of coverage, you might actually get the right price. Rising premium: Most sorts of insurances have different rates of premiums, and you ought to be extremely watchful about it.
The purpose of this study is to differentiate what WACC stands for, what it represents and how it influences management to make decisions. The study seeks answer the research question, Are WACC and ENPV are conected and if so explain everything connected to their interdependence? The goal is to use current knowledge and new discoveries in the field to proove if there is interconnection between these two and to explain how companies can use WACC and ENPV to be more profitable. The WACC stands for Weighted Average Cost of Capital. It is the measure of the average cost of capital a firm is paying for it's debt.
If the evidence is inadmissible in court you will not be allowed to rely on it in your proceedings. The evidence which is admissible can have different weight depending on the type of evidence. Evidence includes witness evidence and evidence in the proceedings. CHAPTER II What Are Some Factors for Determining If Evidence Is Admissible? The general rule is that all irrelevant evidence is inadmissible and all relevant evidence is admissible.
The budget should be reviewed at adjusted from time to time to make it more relevant. The short-term orientation of budgetary controls is usually considered to be dysfunctional, but we have to take note that in certain situations, it is necessary for an urgent recovery from under performing. As of today, budgetary controls are given great importance in overall organisation control. They have many disadvantages to them yet they have been an effective method in meeting the objectives of firms. These disadvantages cannot be ignored, and as soon as there is a more effective way of controlling the organisation, I believe that firms will still continue to use budgets but may not give them as much importance as they have
The responsibility for financial decisions and the safety in the future are transmitted from the country and employer to the individual who consecutively takes the risk linked with decisions (National programme, 2010). The extent of information that individuals have to receive and evaluate is larger and larger. In the field of finance and tax system, is this especially recognizable, because of a more extensive width and its complexity. Also the economic behavior of individuals is like other forms of human behaviour a complex phenomenon with important individual and social, economic and cultural implication. The field of economic behavior of consumers or so to say their financial practice has in the light of global economic crises circumstances encouraged especially much interest (Kumelj,