McPherson’s Consumer Products Pty Ltd v Lal

Read  McPherson’s Consumer Products Pty Ltd v Lal [2015] FJHC 540 and answer the following questions: 1. What are the facts pertaining to the dispute?

2. What is the principle of law applied?

 

3. Are there any distinguishing features pertaining to the reasoning of the case?

4. What was the Court’s conclusion?

 

5. Were any notable precedents relied upon?

 

6. In your opinion, was the case properly decided?

Real estate developer of the subdivision

Roger, another real estate developer of the subdivision, filed another separate case questioning the constitutionality of the Real Estate Service Act (RESA). Aside from violating the equal protection clause, Roger added that RESA violates the due process clause as it encroaches on  his basic right as a developer to use and dispose property provided under Article 428 of the Civil Code.

According to Roger, he is now burdened to hire licensed real estate brokers to sell, market and dispose the constructed units. Despite investing a lot of money, time, and all resources to buy the land and construct the units, developers will be burdened by additional expenses.

You are the assigned Assistant Solicitor General to defend the constitutionality of Real Estate Service Act, provide your sound legal argument.

The Thinking of John Stuart Mill

Analyze the thinking of John Stuart Mill, including what he means by ‘true freedom’ in a liberal sense and, of course, his famous ‘HARM PRINCIPLE’. Then, after having explained Mill fully, also explain the Hart vs Devlin debate. As can see that debate is a ‘practical example’ of the way in which the ‘harm principle is employed in a Liberal Society.

As Herbert Hart is the one who defended John Stuart Mill’s ‘harm principle in that debate, and I think he clearly won the debate.

Need to explain the points made by the two protagonists in that debate, and explain – in particular – how Hart counters the arguments put forward by Devlin, in his (Hart’s) defense of the ‘harm principle.

setting out in detail the Liberal side of the ‘individualist’ vs ‘collectivist’ (or, you may say, Liberal vs Radical) debate. also refer very briefly to the Radical (i.e. the Collectivist) side of the debate, and point out how the radicals challenge the liberals about their focus on the individual – e.g.

for radicals, it is all about ‘group identity and ‘group oppression’ (‘whites’ oppressing ‘blacks’; ‘capitalists’ oppressing ‘workers’; ‘men’ oppressing ‘women’; etc). the focus must be mainly on the liberal side and WHY they think it is essential to focus on the INDIVIDUAL.

Natural Waters of Viti Ltd v Crystal Clear Mineral Water

Read Natural Waters of Viti Ltd v Crystal Clear Mineral Water (Fiji) Ltd [2004] FJCA 59 and answer the following questions: 1. What are the facts pertaining to the dispute?
2. What is the principle of law applied?

 

3. Are there any distinguishing features pertaining to the reasoning of the case?

4. What was the Court’s conclusion?

 

5. Were any notable precedents relied upon?
6. In your opinion, was the case properly decided

All 5 Elements of delictual liability

Give an opinion on whether the defendant in the scenario can be held delictual liable or not. Ensure to address all 5 elements of delictual liability. What are her chances of succeeding with a delictual action in this regard? Restrict opinion to the law of delict – do not for instance dwell on the law of evidence, procedural aspects, etcetera.

 

Patricia visits the Animal World Zoo. She is particularly fascinated by the penguin exhibit, featuring a water tank and an artificial island. She does not notice that some water is seeping from the tank, making the tiled viewing area very slippery. Patricia slips and falls, breaking her right leg. At the emergency section of the Total-care Hospital, her leg is set in plaster. She is issued with crutches and is discharged from the hospital. At home, the next day,

Patricia does not find it easy to walk with the crutches. She slips and falls again, this time breaking her left arm. Her arm is also set in plaster, and she is now more or less wheelchair-bound. During this time of relative immobility, she spends a lot of time watching television. She sees a television
program dealing with the hazardous situation at the penguin exhibit of Animal World Zoo.

The presenter of the program conducts interviews that bring to light that the management of Animal World Zoo has received several complaints from members of the public about the dangerous water leakage at the penguin exhibit, but they have done nothing about it. Patricia now wishes to institute a delictual action against Animal
World Zoo. She wishes to claim damages for her broken leg as well as her broken arm.

Car Battery manufacturing plant

Acme industries operate a car battery manufacturing plant. To work on the production line workers do not have to have a high school diploma, nor do they need to be fluent in English. Starting pay is $25 an hour. In the manufacturing process, the element lead is a primary ingredient. Occupational exposure to lead entails health risks, including the risk of harm to any fetus carried by a female employee. For safety reasons, the employer prohibits women of childbearing age from working on the production line.

 

 

First, state why liberal feminist legal theorists would either approve or disapprove (it is one or the other) of the rule and why they might believe that their position fosters gender equality in the workplace and outside of it.

 

 

 

second, state why liberal cultural legal theorists would either approve or disapprove (it is one or the other) of the rule and why they might believe that their position fosters gender equality in the workplace and outside of it.

Tsunami and its Hazards in the Indian and Pacific Oceans

“Preventable Catastrophe?” The Hurricane Katrina Disaster Revisited  Tsunami and its Hazards in the Indian and Pacific Oceans: Introduction Tsunami and its Hazards in the Indian and Pacific Oceans: Introduction – Alternative Formats

Once you locate the articles, you must read, analyze then compare them utilizing this Venn Diagram this Venn Diagram – Alternative Formats . Upload and submit your completed diagram.

For a simple example of a completed Venn Diagram, click here. Your diagram should be far more in-depth and have more detail than this example.
For simple “How To” videos, click the following links.

https://www.youtube.com/watch?v=1GB3ivbichw

https://www.youtube.com/watch?v=UPGxuzN–Ss

Vohor v Adeng [1996] VUSC 14

Read Vohor v Adeng [1996] VUSC 14 and answer the following questions, focusing specifically on the issue of passing off:
1. Briefly summarise the material facts in the dispute.
2. What issue was the Court asked to determine?
3. What arguments were forwarded by both parties regarding the issue of passing off?
4. What was the Court’s conclusion on the matter?
5. Do you agree/disagree with the Court’s conclusion? Why?

A Car battery manufacturing plant

Acme industries operate a car battery manufacturing plant. To work on the production line workers do not have to have a high school diploma, nor do they need to be fluent in English. Starting pay is $25 an hour. In the manufacturing process, the element lead is a primary ingredient. Occupational exposure to lead entails health risks, including the risk of harm to any fetus carried by a female employee. For safety reasons, the employer prohibits women of child bearing age from working on the production line.

 

 

First, state why liberal feminist legal theorists would either approve or disapprove (it is one or the other) of the rule and why they might believe that their position fosters gender equality in the workplace and outside of it.

 

 

 

second, state why liberal cultural legal theorists would either approve or disapprove (it is one or the other) of the rule and why they might believe that their position fosters gender equality in the workplace and outside of it.

To be vaccinated against Covid20

Hassan is a 13-year-old male child. He turns 14 in 45 days. He wishes to be vaccinated against Covid20 as soon as possible. He has two parents, one of whom wants him vaccinated, but not until more data is available.

The other parent does not wish Hassan to be vaccinated at all. Other

has a benign, but clinically documented arrhythmia (an irregularity in his heart rhythm.) Hassan’s primary care doctor has stated that the vaccine would not be contraindicated for Hassan. Covid 20 is new and not yet fully understood. The Covid20 vaccination is based on the Covid19 vaccination science. Emergency approval has been granted by Health Canada.