The Damage Essays

  • Vindicatory Damages In English Law Case Study

    2411 Words  | 10 Pages

    Title (if applicable): Whether vindicatory damages shall be recognised in English law? Word Count (if applicable): 2332 Introduction In tort law, damages are remedy in the form of monetary compensation to the harmed party. There have been some cases concerning an award of vindicatory damages to recognise the infringement

  • Plasmat Case Study

    1591 Words  | 7 Pages

    58.According to Art. 74 CISG, only when the loss was foreseeable by the other party can the injured party be entitled to demand compensation of profit lost as a consequence of the breach of contract by the other party. [UNCITRAL CISG DIGEST, p. 347]. In this case, however, CLAIMANT’s loss was unforeseeable for RESPONDENT. 1. RESPONDENT could not have foreseen that CLAIMANT would accept the orders from other customers 59.RESPONDENT known that CLAIMANT may receive some pre-orders before communicate

  • The Pros And Cons Of Tort

    2757 Words  | 12 Pages

    WHAT IS TORT ( NATURE & DEFINATIONS ) Shall I write above Law of Tort or Law of Torts. But we will take up the difference a bit later and first get to know what a tort is ? Tort which is equivalent to the English term ‘wrong’ finds its root in the Latin term ‘tortum’ which means ‘to twist’. Thus “tort means “a conduct which is not straight or lawful, but, on the other hand, twisted ,crooked or unlawful . Tort is violation of a legal right vested in any particular individual (defamation)

  • Innocent Misrepresentation Case Study

    875 Words  | 4 Pages

    Lumpur Golf and Country Club Bhd , where in this case,its about the misrepresentation and the issues which arose from this case are firstly, whether plaintiff induced by misrepresentation or not? Secondly is that whether is there any real loss or damages that had been proven or not? Thirdly,whether plaintiff suffered hardship caused by the misrepresentation and lastly whether is this case is suitable case to warrant an order of rescission? In this case, the judge had held that

  • Examples Of Tort Law

    954 Words  | 4 Pages

    Reasonableness is a big factor in negligence. The law of negligence is imposed to try and make a person have those around them in mind before carrying out an action that could cause damage or loss to those around them. There are four main elements of negligence liability: duty of care, breach of duty of care, damage or injury and causation. To prove negligence the plaintiff must establish these four elements .Together those elements form the tort of negligence .One of the key cases in negligence

  • Bolton V Mahadeva Case Study

    1833 Words  | 8 Pages

    If the seller and buyer both agree with how much the defect worth, and the remedies to recover the damage. After the buyer received the offer with substantial performance, they would contact the seller with whatever means to communicate with the seller, the buyer would try to convince the seller to recover the damage and the seller would try to pay less, eventually they would find a mutually-agreed solution, usually a promissory estoppel on promising not to

  • Marine Insurance Act Case Analysis

    2234 Words  | 9 Pages

    TOTAL AND PARTIAL LOSS The relevant provisions of the Marine Insurance Act, 1963 relating to partial and total loss are- Partial and total loss - (1) A loss may be either total or partial. Any loss other than a total loss, as hereinafter defined, is a partial loss. (2) A total loss may be either an actual total loss, or a constructive total loss. (3) Unless a different intention appears from the terms of the policy, an insurance against total loss includes a constructive, as well as an actual, total

  • Examples Of Discharge Of Contract

    1299 Words  | 6 Pages

    if the party who is responsible for the breach fails to accept the breach the innocent party is under an obligation to provide the agreed price where the party in breach carry out obligations due under the contract, after making provision for any damages by the breach of contract. An excellent example of a breach of contract can be found in the case of Farley v. Skinner (2001). In 1990 the plaintiff was intending on buying a house in East Sussex. He entered into a contract with the defendant who was

  • 'Report To Wordsworth And Before The World Intruded'

    1493 Words  | 6 Pages

    this diction, the author sends a message to the reader describing the horrible incidents that have happened in the Gulf War. For example, the word “sickness” has a greater meaning of how the Gulf War infected the homes of the animals causing great damage to creatures living in Kuwait. To add, words like “funeral”, “dying, “loss”, and burden” all describe all the horrible deaths that were caused due to the Gulf War. Furthermore, in the poem, “Report to Wordsworth”, the words “mute”, “fail”, “dying”

  • Substitutive Performance Case Study

    1975 Words  | 8 Pages

    Substitutive performance as it used to be Traditionally, where there has been a breach of trust arising from a misapplication of the trust property, the breach had to be remedied by having the trust falsified. This subjected the trustee to a strict liability to restore the trust property in specie. Where this was not possible, the trustee had to compensate the beneficiary by paying him or her a monetary sum equivalent to the value of the trust property. This is known as substitutive performance.

  • Stella Liebeck Case Study

    1481 Words  | 6 Pages

    Research the case of Stella Liebeck, an elderly grandmother who received third-degree burns when she spilled coffee purchased at a McDonald’s drive-through. What was the basis of her claim against McDonald 's? Was the alleged tort intentional, negligent, or strict liability? Why did Ms. Liebeck 's lawyers believe that McDonald 's was liable to Ms. Liebeck? Do you think it is reasonable to expect that a hot drink purchased from a restaurant might quickly give you third degree burns? How did the

  • Immorality In The Invisible Man

    1035 Words  | 5 Pages

    Immorality means, the word "immoral" is normally used to describe persons or actions. In a broader sense, it can be applied to groups or corporate bodies, beliefs, religions, and works of art. To say that, some act is immoral is to say that violates some moral laws, norms or standards. In The Invisible Man, H.G. Wells both shows and condemns man's propensity to wind up good or unethical with the procurement of force. In the same way as other books of the same time, he utilizes science as the instrument

  • A Critical Analysis Of The Lament And Report To Wordsworth

    1141 Words  | 5 Pages

    How do Lament and Report to Wordsworth strongly convey feelings about human destruction of the natural world? By: Jasmine Neale Destruction, the action of damaging something so immensely that it can never be repaired or replaced. This is what our world has come to in the past 50 years, more and more of nature’s wonders are being destroyed for mankind’s pleasure, and to supply the demands of our population. However, with the power of our minds and the media, there is a possibility of the

  • Examples Of Misrepresentation In Business Law

    1280 Words  | 6 Pages

    In UK, once misrepresentation has been established, the law had given consideration to the remedies for misrepresentation. Thus, there are two concept remedies namely rescission and damages. For rescission, it was further divided in to two category which is contractual remedy whereby it enables the representee to escape from the contract and set it aside both retrospectively and prospectively. The aim of it is to restore as possible the position of parties before entered into contract. Second type

  • Wagon Mound Case Study

    2646 Words  | 11 Pages

    Introduction The principle ‘remoteness of damage’ is based on the maxim ‘injure on remota causa sedproxima spectator’. It prevents plaintiff from recovering any damages that do not flow or arise as a direct consequence of the wrongful act complained of. In a suit for damages in a tort case, the court awards pecuniary compensation to the plaintiff for the injury or damage caused to him by the wrongful act of the defendant. After it is proved that the defendant committed a wrongful act, the plaintiff

  • Advantages And Disadvantages Of Specific Performance

    876 Words  | 4 Pages

    accordingly to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice, will be done between the parties. Specific performance grants the Plaintiff what he actually bargained in the contract rather than damages (pecuniary compensation for loss or injury incurred through the unlawful conduct of another) for not receiving it. This Specific Performance is an equitable rather than legal remedy. By compelling the parties to perform exactly what they had agreed

  • Case Study On Mcdonald's Restaurant

    784 Words  | 4 Pages

    we learned about a lawsuit against McDonald’s restaurant that involved a seventy-nine-year-old woman and hot coffee. The case went to court and in the end Liebeck the seventy-nine-year-old woman was awarded $160,000 in compensatory damages and $480,000 punitive damages. In this paper, we will explore a few different things, we will define caveat emptor and examine who is responsible for Liebeck’s burns. Does the fact that she is seventy-five justifies a caveat emptor attitude? We will close by defining

  • Pros And Cons Of Competitive Sports Essay

    867 Words  | 4 Pages

    Competitive sports should Not be Played “I've been all too familiar with accounts of N.F.L veterans exhibiting Alzheimers-like symptoms in their 40s,” says Adam Buckley Cohen of the New York Times. Many people playing sports are experiencing severe injuries.Competitive sports are sports that include physical contact. The sports include football, lacrosse, soccer and baseball are some. And there are over 45 million kids play competitive sports according to Jay Atkinson from The Boston Globe. Competitive

  • Unfair Trade Practice

    1513 Words  | 7 Pages

    1.1 Unfair Trade Practices- Brief Background The term Unfair Trade Practice (UTP) broadly refers to any fraudulent, deceptive or dishonest trade practice; or business misrepresentation of the products or services that are being sold; which is prohibited by a statute or has been recognised as actionable under law by a judgement of the court. However, the term does not have a universal standard definition. Misrepresentations can be about any characteristic of a good or service, real or imagined.

  • Dhl Worldwide Express Case Study Solution

    807 Words  | 4 Pages

    Question 1 a) DHL Worldwide Express was founded by three young shipping executives, Adrian Dalsey, Larry Hillblom, and Robert Lynn, by combining their last names as the company name (DHL). DHL is the world’s oldest and largest international air-express company. It is a privately held worldwide delivery service comprised of DHL Airways and DHL International. It began as an air-courier service from California to Hawaii since 1969 and then the firm has grown and dominates the global express marketplace