Medical negligence – difficult cases

Who decides has to interpret a language that does not dominate, who has to give opinions thinks: “Today is it, tomorrow it’s me.” Lawyers already know the lesson: that the case is coarse or is best to jump into the civil. One thing is to prove that there was damage, another is “Absolve Court negligent … Read more

Medical negligence

Medical negligence begins with an injury or an adverse outcome to a patient occurring during medical care. When such events occur patients and families suffer from emotional and financial burden and attempt to seek compensation for their economic/ medical costs and pain and suffering. The injuries and outcomes that occur however do not always result … Read more

Vicarious liability

“The doctrine of vicarious liability lies at the heart of all common law systems of tort law.” Giliker (2010). In the case of Dubai Aluminium Co Ltd v Salaam [2002] UKHL 48; [2003] 2 AC 366, Lord Millett said “Vicarious liability is a loss distribution device based on grounds of social and economic policy. Its … Read more

Cases referred to the ECJ

“Article 267 has been the mechanism through which national courts and the CJEU have engaged in discourse on the appropriate reach of EU law when it conflicts with national legal norms” 1 Indeed Article 267 TFEU [hereafter Art.267] is of a seminal importance for the function of EU law. It brings forth the tandem relationship … Read more

The European Court of Justice

The EUROPEAN COURT OF JUSTICE is the authority of the EU and it ensures the application and uniform interpretation of EU law, working side by side with the national courts an tribunals. Also the COURT has the power to settle legal disputes between Member States,EU institutions,businesses and individuals. In particular the mission of the European … Read more

Member States’ Resistance against Burden-Sharing

Abstract The Refugee Crisis started in 2015 when the inflows of migrants became enormous. Europe’s outside borders cannot keep the asylum-seekers outside, but in this stream of migrants are people with other intentions instead of finding shelter. This has brought complications within the EU. Member States of the European Union conducted their own policy due … Read more

Conditions and warranties

Conditions and warranties are two significant types of contractual stipulations which basically create rights and obligations. Roskill. J. has explained the two terms conditions and warranties in the following words “The use of those two words is not entirely happy because it is well known, in the field of marine insurance law, that the word … Read more

Life Insurance Policies: Maturity, Lapse and renewal

Objective of the Research: An overview of the basic concepts of Life Insurance policies with reference to the maturity, lapse and renewal. Scope of Research: The paper deals only with the underlying basic concepts of maturity, lapse and renewal of life insurance policies with the help of secondary literature and few judicial precedents. Research Questions: … Read more

The law on child pornography in the UK and Malaysia

INTRODUCTION Express development in Information Technology has created opportunities for criminals to misuse Internet to abuse, harm and exploit children. Children are the most valuable asset and our most precious treasure. Internet provides access to criminals to firstly engage, contact and make use of the children’s innocence and organize crimes that abuse children particularly in … Read more

What is a contract?

1.0 Introduction ​According to Legal Information Institute, a contract is an agreement that creates obligations enforceable by law. Also known as ‘enforceable agreements’, a contract is also defined as a legally binding or valid agreement between two or more parties. Generally, contracts arise when a duty comes into existence because of a promise made by … Read more

Business law assignment

1. A contract in Scots Law is a voluntary agreement between at least 2 parties (can include up to and including 22 people). Contracts are only concerned with legal matters and not social matters, with the exception of Robertson V Anderson (2003) in which the two friends had a verbal agreement to half any winnings … Read more

Evolution and history of CISG

A seemingly inconsequential agreement can become a major headache if another party’s terms and condition trump yours, and if your company does business in or with other states or countries, there are number of states, and international conventions that comes into play . The CISG came into being to allow a uniform and encompassing legal … Read more

Indian and international takeover regulations

ABSTRACT The author has tried to explain the core differences in the Indian and international takeover regulations and thereby has attempted to point out certain crucial learning that can be incorporated in the Indian Code. The author has critically reviewed the partial open offer triggers and the process in comparison with those in U.K and … Read more

Law essay – offers and counter offers

Based on the incident mentioned in the question, it is required to advise Daniel if Macho was held liable to Daniel for the breach of contract. In this context, or in the event of any dispute, it is important to identify if the necessary elements have arise as legal issues, this is because these elements … Read more