September 5, 2008
Intentional Interference with Person or Property
Intent: The state of mind accompanying an act, especially a forbidden act.
While motive is the inducement to do some act, intent is the mental resolution or determination to do it. When
1. Susie has sued John for battery. A) Who has the burden of proof to show that the touching was harmful or offensive? The reasonable person and Susie. B) Who has the burden of proof to show that Susie consented to the touching? John b/c hes D. C) Susie p
TORTS I QUESTIONS WEEK 5 1. Criminals have been breaking into Toms warehouse and stealing computer parts. Tom, a clever fellow, arranged a one-way door into the warehouse so that someone could enter but not exit. Rex, a petty thief, walks into the warehou
TORTS I QUESTIONS WEEK 6
John, who has been mentally ill for years, thought that if his car went fast enough, like an airplane, it would leave the ground. John was driving his automobile, saw a pedestrian in front of him and accelerated to fly. He didn
PROFESSOR PALMER TORTS I QUESTIONS WEEK 7
Certain automobiles are designed to be more safe in the event of a crash. Considering Unites States vs Carroll Towing, would a reasonable person be able to drive such an automobile faster? Explain.
PROFESSOR PALMER TORTS I QUESTIONS WEEK 8
1. Juan went to the doctor complaining about a pain in his ankle. The doctor told his nurse that all of the doctors patients should have flu shots. The nurse then gave Juan a flu shot while the doctor was examinin
PROFESSOR PALMER TORTS I QUESTIONS WEEK 9
1. Jack, a Cooley Law student, was walking past the Cooley Center when a window fell out of the building and struck him on the shoulder. Can Jack use the doctrine of res ipsa loquitor in suing the law school? Expl
The constitution is a state embodies the will of the citizens, it tells the
citizens what to do in the event of a breach, etc. in order to ensure that the
constitution works well the 3 organs of Government exist to regulate it.
INTRODUCTION TO GHANA LEGAL SYSTEM & HISTORY
The legal profession Act regulates the legal profession.
Anything apart from the constitution is known as section. Articles and
clauses are u
The Citizenship Case
The Attorney General of The Republic of Botswana
Court Documents, Judgements' Cases and Materials
Compiled and edited by Unity Dow
Go To Page One[Start of page 30]
7. High Court Judgement by Judge Martin Horwitz
This is a
It involves the relationship between individuals and the state.
Criminal Code Act 29
Article 19 (11)
The main source of finding criminal act is the criminal offences act.
Substantive law is found here.
CRIMINAL AND OTHER OFFENCES PROCEDURE AC
DEFINITION OF CONTRACT
There is no satisfactory definition of contract. Just as there are many writers
who have written about the nature of contract so there are many definitions or
description of what contract is.
However, there is a common thread which
LAW OF TORT
A. General matters on Lectures/Tutorials
B. Case Briefing it helps u to summarize a case (ideally it should be one
and half pages, maximum 2 pages)
1. Title of cause/case e.g. A v B (2016) I GLA 3.
Facts what/why/factual issues that brought th
PROFESSOR PALMER TORTS I QUESTIONS WEEK 3 1. John kissed a sleeping woman who was not his spouse or his girlfriend. Has John committed battery? Yes because he intended the contact, doesnt matter if shes asleep. Its offensive. 2. John tried to kiss a sleep
PROFESSOR PALMER TORTS I QUESTIONS WEEK 2 1. John throws a brick that hits Sally. John says he meant to throw the brick but didnt mean for it to hit Sally or anyone else. The jury believes John. Has John committed battery? No because he did not intend to
September 12, 2008
Intentional Torts False Imprisonment: A restraint of a person in a bounded area without justification or consent.
Freedom from confinement against will Do not have to be touched and do not have to apprehend contact If I take you out on
September 19, 2008 Review: Tamage v. Smith- transferred intent, can be one from one person to the other person (intends to touch one person and ended up touching another) and supplies the intent and the intent to commit one trespass tort resulting in anot
September 26, 2008 Review: Trespass to land: Object doesn't have to land on the land, you own the land above and below the land (reasonable). Can have trespass, when you enter, but stay after the consent is over, or fail to remove something you were suppo
October 24, 2008 Chapter 5 Causation in Fact But for the negligence, would these things have happened. Public policy limitations to causations, wants to know how long does my liability run?
1. Sine Qua Non Perkins v. Texas and New Orleans Ry. Co. Supreme
October 3, 2008 Review: The burden of the doctor or anyone to clarify the situation if they know the person does not understand what they are consenting to. Property Defence: One is defending their property or interfering someone getting to their property
October 10, 2008 Review: 4 elements of Negligence: Duty: question of whether there is a legal obligation to do anything or not. Breach: 1) What would the reasonable person do 2) What did the respondent D do? Then you take the difference and that differenc
Friday October 17, 2008 Effect of Statute Martin v. Herzog Court of Appeals of New York, 1920 Law: To omit, willfully or heedlessly, the safeguards prescribed by law is to fall short of the standard of diligence to which those who live in organized societ
October 31, 2008 Chapter 6 Proximate or Legal Cause Review: Variety of RIL, you have a sit where the thing speaks for itself, speaks to neg. Problem: we have no exclusive control. What do we do? All of the people could have done it are joined together in
November 1, 2008 Chapter 9 1. Outside the Premises Taylor v. Olsen Supreme Court of Oregon, 1978 Law: Facts: Ms. Taylor is traveling down a dark and windy road on a January evening. She strikes a splintered tree, which had shortly before fallen across sai
November 7, 2008 3. Public Policy Kelly v. Gwinnell Supreme Court of NJ, 1984 Law: The reasonable and prudent person at the time and place should recognize and foresee an unreasonable risk or likelihood of harm or danger to others. When negligent conduct
November 14, 2008 Review: Start out with Duty has to do with foreseeable harm, from the conduct there wil be fore har; if the duty anticipates an intervening cause then we saty intervening cause is fore; if duty anticipated the intervening cuase and thats
November 21, 2008 Chapter XII Defences 1. Plaintiffs Conduct A. Contributory Negligence Affirmative defence, must be raised and proven by D If P was negligence, then they may not recover anything, totally bars recovery by P if Ps neg was a substantial fac
MENSAH v ATTORNEY-GENERAL
[1997-98] 1 GLR 227
SUPREME COURT, ACCRA
28 May 1997
AIKINS, CHARLES HAYFRON-BENJAMIN, AMPIAH,
ACQUAH AND AKUFFO JJSC.
Constitutional lawAction against RepublicAttorney-GeneralRole of Attorney-General as m