 |
|
19-02-2006, 2:27 PM
|
#1 (permalink)
|
|
Veteran Member
Join Date: Aug 2000
Location: Bishop's Stortford, Hertfordshire!
Posts: 5,252
Thanks: Gave 2,446, Got 929
|
Law Student help please
Hi,
Pooch here. Could do with some help from any lawyers or law students. I'm struggling to write an essay on the links between Contract Law and Tort Law.
If anyone has any worthwhile cases, websites, or other info, please post it here, as I'm finding it really difficult to do. Thanks, in advance.
Pooch
|
|
|
19-02-2006, 3:27 PM
|
#2 (permalink)
|
|
Moderator
Join Date: Feb 2005
Posts: 14,009
Thanks: Gave 972, Got 1,858
|
Coincidentally, in my Thurs A Level law class, we did Misrepresentation, and learnt how there is some crossover between contract and tort. Google for it, and also the Misrep act 1967
__________________
Opinions expressed here are my own and do not represent those of the AV Forums or its associated websites
|
|
|
19-02-2006, 3:30 PM
|
#3 (permalink)
|
|
Veteran Member
Join Date: Sep 2003
Location: Hants
Posts: 7,459
Thanks: Gave 206, Got 407
|
I thought law students just made up cases to put in essays?
__________________
Only when the last tree has died and the last river been poisoned and the last fish been caught will we realise we cannot eat money.
|
|
|
19-02-2006, 6:56 PM
|
#4 (permalink)
|
|
Senior Member
Join Date: Dec 2003
Posts: 1,597
Thanks: Gave 19, Got 82
|
Quote:
|
Originally Posted by Games Guru
I thought law students just made up cases to put in essays?
|
And that is the best bit about the European legisliation, you have a much wider pool of cases to quote (makeup?) as shown by Jankovishz -v- Shmidt (2004) and Ellezerton -v- Hommermon (2005)
|
|
|
19-02-2006, 7:26 PM
|
#5 (permalink)
|
|
Veteran Member
Join Date: Aug 2005
Location: Manchester
Posts: 5,336
Thanks: Gave 1,013, Got 1,272
|
Have a look at the most celebrated of Tort cases - Donaghue v Stevenson; effectively established when negligence can arise. The HofLords stated that the "...manufacturer owed a duty of care to the ultimate consumer, even when there was no contract between them or with the retailer". IE, though there is no immediate contractual liability, there can still arise a tortious liability.
Further, a tortious claim is more advantageous financially than a contractual claim. Have a look at this explanation, regarding the main differences between Tort and Contract.
I knew that Masters in Law would come in handy one day.
__________________
Matt
Panasonic TH42PX70; Onkyo TX-SR606; Mordaunt Short Genies 6.1; SkyHD; PS3 Slim 120GB;
PSN: Woodywizz
Last edited by Woodywizz; 19-02-2006 at 7:36 PM.
|
|
|
19-02-2006, 7:49 PM
|
#6 (permalink)
|
|
Veteran Member
Join Date: Mar 2005
Location: nr. Pinner
Posts: 5,760
Thanks: Gave 1,676, Got 1,679
|
Quote:
|
Originally Posted by Games Guru
I thought law students just made up cases to put in essays?
|
and once qualified and practicing they make up a number, add a few noughts, and put it in their client's bill
|
|
|
19-02-2006, 8:34 PM
|
#7 (permalink)
|
|
Conspicuous Member
Join Date: Oct 2005
Location: Manchester
Posts: 8,657
Thanks: Gave 964, Got 1,114
|
Quote:
|
Originally Posted by woodywizz
Have a look at the most celebrated of Tort cases - Donaghue v Stevenson; effectively established when negligence can arise. The HofLords stated that the "...manufacturer owed a duty of care to the ultimate consumer, even when there was no contract between them or with the retailer". IE, though there is no immediate contractual liability, there can still arise a tortious liability.
Further, a tortious claim is more advantageous financially than a contractual claim. Have a look at this explanation, regarding the main differences between Tort and Contract.
I knew that Masters in Law would come in handy one day.
|
Can whoever that is who has kidnapped Woodywizz, please return him ..... he usually talks about nothing but HD
__________________
Steve
|
|
|
19-02-2006, 10:15 PM
|
#8 (permalink)
|
|
Member
Join Date: Apr 2003
Location: London
Posts: 102
Thanks: Gave 0, Got 0
|
Quote:
|
Originally Posted by woodywizz
Have a look at the most celebrated of Tort cases - Donaghue v Stevenson; effectively established when negligence can arise. The HofLords stated that the "...manufacturer owed a duty of care to the ultimate consumer, even when there was no contract between them or with the retailer". IE, though there is no immediate contractual liability, there can still arise a tortious liability.
Further, a tortious claim is more advantageous financially than a contractual claim. Have a look at this explanation, regarding the main differences between Tort and Contract.
I knew that Masters in Law would come in handy one day.
|
I remember my law lecturer saying that D v S should have effectivley been argued under the law of agency rather than tort i.e. the person who bought the drink was the agent for the lady who suffered the gastric illness and therefore would have been able to pursue a contractual remedy - pure speculation though.
Good luck with the essay - glad I have finished the LLB now.
|
|
|
20-02-2006, 2:42 PM
|
#9 (permalink)
|
|
Veteran Member
Join Date: Aug 2000
Location: Bishop's Stortford, Hertfordshire!
Posts: 5,252
Thanks: Gave 2,446, Got 929
|
Hi Folks,
Thanks for the help! Was getting to the point of doing a  !
Pooch
|
|
|
20-02-2006, 6:29 PM
|
#10 (permalink)
|
|
Veteran Member
Join Date: Aug 2005
Location: Manchester
Posts: 5,336
Thanks: Gave 1,013, Got 1,272
|
Quote:
|
Originally Posted by Abbeygoo
Can whoever that is who has kidnapped Woodywizz, please return him ..... he usually talks about nothing but HD 
|
Sorry about that little lapse.....now, when will SkyHD be released?
__________________
Matt
Panasonic TH42PX70; Onkyo TX-SR606; Mordaunt Short Genies 6.1; SkyHD; PS3 Slim 120GB;
PSN: Woodywizz
|
|
|
20-02-2006, 6:36 PM
|
#11 (permalink)
|
|
Senior Member
Join Date: Aug 2004
Location: Shropshire
Posts: 1,366
Thanks: Gave 314, Got 187
|
Quote:
|
Originally Posted by woodywizz
Have a look at the most celebrated of Tort cases - Donaghue v Stevenson; effectively established when negligence can arise. The HofLords stated that the "...manufacturer owed a duty of care to the ultimate consumer, even when there was no contract between them or with the retailer". IE, though there is no immediate contractual liability, there can still arise a tortious liability.
Further, a tortious claim is more advantageous financially than a contractual claim. Have a look at this explanation, regarding the main differences between Tort and Contract.
I knew that Masters in Law would come in handy one day.
|
Does anyone know if it was a snail or a slug?
|
|
|
20-02-2006, 7:38 PM
|
#12 (permalink)
|
|
Veteran Member
Join Date: Aug 2005
Location: Manchester
Posts: 5,336
Thanks: Gave 1,013, Got 1,272
|
From what I can remember it was a snail in a bottle of ginger beer - wonder how many slugs of the beer she had before she discovered the snail
__________________
Matt
Panasonic TH42PX70; Onkyo TX-SR606; Mordaunt Short Genies 6.1; SkyHD; PS3 Slim 120GB;
PSN: Woodywizz
|
|
|
20-02-2006, 7:50 PM
|
#13 (permalink)
|
|
Conspicuous Member
Join Date: Oct 2005
Location: Manchester
Posts: 8,657
Thanks: Gave 964, Got 1,114
|
Quote:
|
Originally Posted by woodywizz
From what I can remember it was a snail in a bottle of ginger beer - wonder how many slugs of the beer she had before she discovered the snail 
|
A comedy genius at work, ladies and gentleman. Can anyone get him on at the Comedy Store?
__________________
Steve
|
|
|
20-02-2006, 8:43 PM
|
#14 (permalink)
|
|
Veteran Member
Join Date: Aug 2005
Location: Manchester
Posts: 5,336
Thanks: Gave 1,013, Got 1,272
|
I am available for Bar Mitzvahs, Weddings and Christenings. You should see my standup routine about the importance of American jurisprudence in the 20th Century....timeless
__________________
Matt
Panasonic TH42PX70; Onkyo TX-SR606; Mordaunt Short Genies 6.1; SkyHD; PS3 Slim 120GB;
PSN: Woodywizz
|
|
|
| |