This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.
4. The ma Continue Reading...
Australian Tort Law on Wilkinson v Downton
Talk about whether or not the trigger of action in Wilkinson v Downton provides a viable remedy to victims of intentionally inflicted psychiatric harm in Australia these days.
The Wilkinson v Downton judgm Continue Reading...
Negligence Misstatements in the Law of Torts
This is a concept of contract law indicative of carelessly made facts by one party to another with the effect of luring that party into a contract. It could also be falsehood or false promises made by a t Continue Reading...
Claudio did not have to let them in since they lacked the proper warrants State Immigration Department acted without warrants Without obtaining the requisite warrants, they had come into the restaurant, stationed an official at each door, barred exi Continue Reading...
348). Pursuant to the Court's holding in Grand Central Car Park Pty Ltd. v Tivoli Freeholders [1969] VR 62 per McInerney J (public nuisance), in order for fault to rise to the level needed for liability for nuisance, the defendant's fault must inclu Continue Reading...
Tort Exam
Barnaby Willows owns a small boutique petting zoo in downtown Sydney. This petting zoo harbors two of each kind of local species of animal. The zoo is open to the public seven days a week for 8 hours a day. The animals are kept in cages pu Continue Reading...
Company Law
The functions of company law
What is covered in the company law?
The legal implications of 'pre-registration contracts'
The Australian corporate law has seen major reforms in the last couple of years (Tomasic, Bottomley & McQueen Continue Reading...
Law: Aviation Law Reflective EssayPart 1: ReflectionThe module is important with its relevancy to the Aviation industry since it would help understand the law of aviation in the country. When one has to adopt a professional career in a certain field, Continue Reading...
The tort law reforms proposed at the national public liability summit in 2002 were described in a letter read into the record as being "a sensible mechanism for ensuring small businesses and community organisations can remain in operation and acces Continue Reading...
equitable doctrine of confidence in Australia
Currently there are no statutory laws that grant the "right to privacy" to individuals or corporations in Australia. Further, the common law from 1937 case of Victoria Park Racing and Recreation Ground Continue Reading...
If there is ever a case where the courts cannot determine what the original intention of the parties was, the country with the most logical connection to the contract is often chosen as the country of law for deciding the dispute. The place of perfo Continue Reading...
The text by Neville & Lokuge (2006) reports to the evolving status of this question since the rash of birth defects caused in the 1970s by the Thalidomide drug. These events would give way to what Neville & Lokuge call a 'novel' legal questi Continue Reading...
Limitations of the Research or Gaps
A Critical Analysis of the Business Judgement Rule under the Australian Corporation Law
There have been many large businesses which have collapsed unexpectedly to cause irreparable damage to the investors worldw Continue Reading...
The Corporation must have cross-boarder transactions. Which of the following would be classified as Cross-Boarder?
(a) a merger wherein at least two companies are governed by the laws of different member states
(b) the conversion into an SE of an Continue Reading...
White Collar Crime in Contemporary Society
Assessment of the objectivity and likely competence of trial juries in white collar crime cases
The biggest and most important aspect of trial juries in white collar crimes is the personal likeness towards Continue Reading...
Andrew and Celeste whether the relationship is a partnership
In the case of Andrew and Celeste the issue is whether there exists any partnership relationship that binds Celeste when she says she will not pay for any of the exotic raw ingredients pur Continue Reading...
3.2 Consequences and effects of the Aboriginal Protection Act 1869. The Aboriginal Protection Act of 1869 (hereinafter "the Act") made Victoria the first Australian colony to promulgate a framework in which to officially regulate the lives of Abori Continue Reading...
It must be considered, as well, that genetic testing is a somewhat newer thing and the results can be skewed; so even if a doctor did do a test and results came up negative, there is a chance something could have been positive. Is the doctor respon Continue Reading...
The partners are directly responsible financially for the obligations of the business. Therefore, in case of loss or debts, the owners suffer the risks and losses since they have liability for the business. In terms of complexity and flexibility, th Continue Reading...
The different types of harm that could happen are when the author is discussing specific effects that this will have on unborn baby. These include: unhealthy genetic material being passed to the embryo, this will have an impact on the development of Continue Reading...
Public Private Comparator
Public Sector Comparator (PSC) in the Public-private partnership (PPP) Process
Increased global financial pressures have caused many government entities to cut costs in any way possible. One way is to outsource services or Continue Reading...