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The issue is to check that whether Cliff and Mary can sue Susan for the economic loss occurred to them and psychiatric injury that happened to Mary. Further, this is also to check that whether Susan is eligible to take the help of any defense and if yes then what defense it will be.
Tort is a breach of civil liability. Tort is basically a wrongdoing by one person to another and can be done in many forms such as defa...
Negligence is a civil wrong, and a party can hold liable to pay for compensation in case another party suffered loss due to his/her negligence. A party can be held liable for negligence if the standard of care is breached by such party due to which another party suffered a substantial loss. The person who owed a duty of care and failed to ensure that such duty is maintained by him is liable to pay for damages under the su...
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Whether Susan can be held liable under the suit of negligence filed by Cliff and Mary for the loss which they suffered?
The tort of negligence provides that a person can be held liable if another person suffers a loss due to the negligence of the party. Negligence is different from carelessness or thoughtlessness; in case a person owed a legal duty of care, and another party suffered an injury or loss due to the breach of...
The issue is whether Susan is liable for the financial and personal injury faced by Cliff and Mary under the suit of negligence and whether the compensation can be demanded by Cliff and Mary from Susan?
Negligence is referred to the civil wrong in which a person can be held liable for not taking reasonable measures which resulted in causing damages to another party. The person who did not take appropriate care to ...
To determine whether Kent Institute Australia (KIA) can terminate professor Berlin's contract.
In certain cases, agreements ended or rescinded due to reasons, which are beyond the control of the parties. This is known as discharge of contract by frustration. The principle of frustration is applied to cases under limited range of circumstances, usually where the performance of the agreement could not be anticipated by the parties and...
The Corporations Act 2001 provides for the duties that a director of a company must discharge. The duties are enumerated in section 180, 181, 182 and 183 of the Corporations Act.
According to section 180(1) of the Corporations Act, a director must exercise its powers and discharge its duties conferred upon him by virtue of being a director with proper care and diligence. The care and diligence will imply the amount of care and diligen...
The legal issue which has been identified in relation the contract between Jessica and Angela is that whether the contract vitiating factor of Misrepresentation is present or not.
This section of the paper is discusses rules regarding Misrepresentation which is a contract vitiating factor. In the case of Kalabakas v Chubb Insurance Company of Australia Ltd  VSC 705 the court discussed the definition ...
Whether the contract amid Jessica and Angela is based on misrepresentation and thus Angela can terminate the contract?
In every contract it is very necessary that all contract elements must be present, that is, offer, acceptance, legal intention, consideration and capacity. It is also necessary that the basis of the contract is not any kind of deception amid the parties. One of the elements which if present ren...
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