The legal issues which Luxury Flats Ltd are facing relate to pure economic loss. The loss incurred has resulted from their being unable to sub-let flats which they have leased from Opportunity Developers Ltd on a long term basis, who constructed the development,. The building plans were approved by Melchester District Council. However, since completion the building has subsided as a result of the foundations being of insufficient depth. Luxury Flats Ltd have, therefore, suffered a substantial loss of rental income and are seeking to recover by bringing a claim against Melchester District Council for negligently approving the plans.
Infliction of pain is an act behind which the agent may have purpose or intention but not reason. So, it is not punishment, but rather statements concerning punishment that we can justify. Regarding the justification of punishment philosophers are not of the same opinion. According to the utilitarian moral thinkers punishment can be justified solely by its consequences. That is to say, according to the utilitarian account of punishment 'A ought to be punished' means that A has done an act harmful to people and it needs to be prevented by punishment or the threat of it.
A. Evidence as to whether or not a person con... ... middle of paper ... ... Strict Liability Strict liability is different from a negligence theory in that the injured plaintiff need not show knowledge or fault on the manufacturer's part. The plaintiff must show only that the product was sold or distributed by a defendant, and that the product was unreasonably dangerous at the time it left the defendant's hands in order to prove liability on the part of such defendant. The behavior or knowledge (or lack of knowledge) of a products liability defendant regarding the dangerous nature of a product is not an issue for consideration under a strict liability theory.
What makes a crime a crime would some ones responsibility level be different if there mental state isn’t stable? In most cases the person committing a crime intended to do something that the state legislature or Congress has stated that it is wrong. "mens rea" is a concept is based on a belief that people should be punished only when they have acted in a way that makes them morally blameworthy. In the legal system people who purposely take part in the behavior that is prohibited by a law are responsible. "Ordinary" negligence is not a crime.
The dirty means are a last resource in a situation where something greater than the law hangs in the balance. Revenge or punishment does not fit these criteria; Klockars says that some officers may use these ideals of dirty means in order to punish the guilty. This is not what the dirty harry problem is about, however it may be how some people view the subject. Klockars is correct when discussing, when only a dirty means will work. Departments must take some responsibility for the actions of the officers.
1) Duty was owed to the plaintiff by the defendant 2) Breach of duty of care 3) Plaintiff suffered loss or damage 4) Causal relationship existed between breach of duty and the lose or damage. In the case study of Pacific Acceptance Case, they established 10 principles and one of it was that whenever an auditor feels some suspicious activities, which may be because of some irregularities and which indicates towards some fraud, the auditor must take some action (Gay & Simnett 2010, p. 156). In our case study there was no action taken by the auditor even though they came to know that impulse was going through liquidity problems which was due reduction in inventory turnover and debtor turnover. If we have a look in the Thomas Gerrard & Son case, auditor should gather proper information when inventory are involved. Physical stock take should be done unless it in not rational to do it for the physical existence.
A reasonable person would probably anticipate and take precautions against these harms and it is important that the legal system is consistent in the application of the principles of reasonable precautions. In conclusion, contributory negligence recognises the complex relationships between the actions of plaintiffs and defendants and how those relationships can sometimes lead to harm. In those cases, individuals should be held accountable only for the quantum of harm that they are culpable for. A system of justice that does not recognise this relationship cannot be said to truly be just.
A person who is affected by legal damages or injury may use tort law to gain compensation from the individual who is responsible, or liable for that affliction. To commit intentional torts, it means that you must do something on purpose or with a clear intent or desire. However the person who commit intentional tort need not have the intent to harm
To understand that the decision was correct, I must first explain the law of negligence and ex turpi causa. Negligence To bring a successful claim for negligence, four elements have to be satified: duty of care (DoC), breach of duty (BoC), causation and ha... ... middle of paper ... ...from their crime, shown in Murphy v Culhane4. This principle is less significant in tort law as generally, tort law is concerned with compensating loss rather than the claimant making gains. However, in claim for indemnity, it can be applied to prevent claimant being relieved of the consequences of their crime. The proportionality test looks to see if the decision being made is proportionate to the damages caused.
The Tort of Misfeasance A tort is considered to be a civil wrong from which injury occurs to another person whether it is intentional or accidental. For such an offense, monetary value is the usual form of remedy. A classification of torts is that of negligence. “The tort of negligence allocates rights to individuals who have suffered damage, to their property or themselves, against a party that has failed to take reasonable care for that person’s safety” (Adams 2008). For an individual to have a successful claim in the tort of negligence, there must be proof of the duty of care, failure to perform that duty and damage suffered.