Español Français Deutsch Italiano Nederlands Svenska Dansk Japanese Chinese (Simplified) Russian
 
AVForums.com twitter AVForums is a member of CEDIA. THX certified reviewer.  Click for more information. AVForums reviewers are ISF Certified.  Click for more information.
 
The UK's biggest and best home entertainment electronics forums  
4 million visitors each month


Forums Register Blogs Information Social Groups Search Today's Posts Mark Forums Read
Go Back   AVForums.com > Lifestyle Topics > General Chat

Latest AVForums Movie Reviews
Galaxy Quest Blu-ray ReviewMy Bloody Valentine - Special Edition Blu-ray ReviewThe Universe: Complete Season One Blu-ray ReviewTerminator Salvation Blu-ray Review20th Century Boys: Chapter 2 - The Last Hope Blu-ray Review
North By Northwest (50th Anniversary Edition Blu-ray Book) Blu-ray ReviewScrooge (A Christmas Carol) Blu-ray ReviewGray Lady Down - Original Motion Picture Soundtrack CD ReviewUp Blu-ray ReviewLéon Blu-ray Review


Reply
 
Thread Tools Display Modes
Old 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
Question 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
PoochJD is offline   Reply With Quote
Old 19-02-2006, 3:27 PM   #2 (permalink)
Moderator
 
LFC_SL's Avatar
 
Join Date: Feb 2005
Posts: 14,009
Thanks: Gave 972, Got 1,858
Blog Entries: 6
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
Selling my Aluminium Macbook | Trading Rules - Read for Your Protection | DVDs
LFC_SL is offline   Reply With Quote
Old 19-02-2006, 3:30 PM   #3 (permalink)
Veteran Member
 
Miyazaki's Avatar
 
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.
Miyazaki is offline   Reply With Quote
Old 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)
Londondecca is offline   Reply With Quote
Old 19-02-2006, 7:26 PM   #5 (permalink)
Veteran Member
 
Woodywizz's Avatar
 
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.
Woodywizz is offline   Reply With Quote
Old 19-02-2006, 7:49 PM   #6 (permalink)
Veteran Member
 
krish's Avatar
 
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
krish is offline   Reply With Quote
Thanks from:
mcfarfs (20-02-2006)
Old 19-02-2006, 8:34 PM   #7 (permalink)
Conspicuous Member
 
Abbeygoo's Avatar
 
Join Date: Oct 2005
Location: Manchester
Posts: 8,657
Thanks: Gave 964, Got 1,114
Blog Entries: 2
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
Abbeygoo is offline   Reply With Quote
Old 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.
Goober11 is offline   Reply With Quote
Old 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
Exclamation

Hi Folks,

Thanks for the help! Was getting to the point of doing a !


Pooch
PoochJD is offline   Reply With Quote
Old 20-02-2006, 6:29 PM   #10 (permalink)
Veteran Member
 
Woodywizz's Avatar
 
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
Woodywizz is offline   Reply With Quote
Old 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?
ufitsy is offline   Reply With Quote
Old 20-02-2006, 7:38 PM   #12 (permalink)
Veteran Member
 
Woodywizz's Avatar
 
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
Woodywizz is offline   Reply With Quote
Old 20-02-2006, 7:50 PM   #13 (permalink)
Conspicuous Member
 
Abbeygoo's Avatar
 
Join Date: Oct 2005
Location: Manchester
Posts: 8,657
Thanks: Gave 964, Got 1,114
Blog Entries: 2
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
Abbeygoo is offline   Reply With Quote
Old 20-02-2006, 8:43 PM   #14 (permalink)
Veteran Member
 
Woodywizz's Avatar
 
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
Woodywizz is offline   Reply With Quote



Bookmarks

Tags
law, student
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


All times are GMT. The time now is 6:38 AM.

AV Forums
Optimised for Firefox.
RSS Feed
AVForums.com is owned and operated by M2N Limited.
Copyright © 2000-2009 M2N E. & O. E.
Global Gold
Web Hosting