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  • Tort Law III: Principles of Vicarious Liability
    2025/12/02

    The principles of vicarious liability, which holds an employer responsible for the torts an employee commits due to their working relationship, even if the employer did not personally commit the wrongful act. The source clarifies that for vicarious liability to be established, the tortfeasor must be an employee, acting in the course of their employment, and the action must not be expressly prohibited. The document distinguishes between employees and non-employees, such as independent contractors and partners, noting that the modern judicial approach, exemplified in Various Claimants v Catholic Child Welfare Society, expands liability to relationships "akin to employment." Furthermore, the text explores the "close connection" test from the Lister Principle to determine employer liability, especially in cases of intentional wrongful acts, contrasting these with "frolic" cases where the employee acts outside the scope of employment. Finally, the text touches on the employer’s right to seek indemnity from the employee after paying damages and outlines the overall public policy purpose of vicarious liability, including ensuring victim compensation and encouraging employer safeguards.

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    35 分
  • Tort Law II: Defences
    2025/12/01

    A comprehensive overview of legal defences in tort law, primarily focusing on how a defendant can reduce or eliminate liability for harm caused. Volenti Non Fit Injuria is explained as a complete defence, applying when a person knowingly and willingly accepts a risk, with case examples demonstrating the required elements of knowledge and voluntary consent, particularly noting exceptions for employees and rescuers. The text also details Contributory Negligence, which functions as a partial defence where the claimant's failure to take reasonable care contributes to their own injuries, resulting in a proportional reduction of damages, as illustrated by the Law Reform (Contributory Negligence) Act 1945 and relevant case law on seatbelts and intoxicated drivers. Finally, the complete defence of Illegality (Ex Turpi Causa Non Oritur Actio) is covered, preventing a claimant from recovering damages when the injury is closely linked to their own criminal conduct, although courts sometimes limit its application based on public policy.

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    34 分
  • Tort Law I: Negligence
    2025/11/30

    A comprehensive look at the tort of negligence, particularly focusing on the establishment of a duty of care and the calculation of damages in personal injury and death claims. Multiple case summaries illustrate when a duty of care exists, such as an employer's non-delegable duty to provide a safe work environment, contrasting with situations where public bodies, like the police, generally do not owe a duty to individual citizens. The materials also explore the concept of remoteness of damage, applying the reasonable foreseeability test and the Egg-Shell Skull Rule to determine the extent of liability. Finally, the texts detail the principles of remedies, differentiating between pecuniary and non-pecuniary losses and explaining how courts calculate compensation for financial losses and dependency claims, particularly when applying the once and for all rule with exceptions like provisional and periodic payments. The principles regarding the non-recoverability of pure economic loss arising from negligent acts, contrasted with exceptions for negligent misstatements in a special relationship, are also clarified.

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    43 分
  • The Legal System of England and Wales V: The application of legislation made by Senedd Cymru and Westminster to England and to Wales
    2025/11/29

    The application of legislation across Wales and England, focusing on the distinct law-making powers of the Senedd Cymru (Welsh Parliament) and the UK Parliament (Westminster). Laws passed by the Senedd Cymru have jurisdiction only within Wales and cover "devolved matters" such as education and health. Conversely, Westminster's laws apply to both England and Wales, addressing "reserved matters" like defense and immigration, with England being solely governed by Westminster legislation across all domestic policies since it lacks a devolved parliament. This legal framework, particularly the reserved powers model, highlights Wales' legislative autonomy in certain areas while remaining subject to UK-wide laws on matters of national importance. The document concludes with a brief, unrelated promotional note regarding a referral program for an academy and a copyright warning.

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    26 分
  • The Legal System of England and Wales IV: Statutory Interpretation
    2025/11/28

    A comprehensive overview of statutory interpretation—the methods courts use to determine and apply the meaning of written law when the text is unclear or leads to problematic results. Initially, the Literal Rule mandates adhering strictly to the plain meaning of words, despite potential absurd outcomes, while the Golden Rule offers a remedy by allowing modification of the literal meaning to avoid such absurdity. The Mischief Rule encourages judges to consider the underlying problem the legislation was created to address, focusing on the law's original intent, which is a key component of the broader Purposive Approach. Additionally, the texts detail essential Aids to Statutory Interpretation, divided into intrinsic (from within the statute) and extrinsic (external resources like parliamentary records), alongside various legal presumptions that guide interpretation, such as the presumption against altering common law or binding the Crown. Finally, the sources acknowledge specific considerations for legislation made by Senedd Cymru, where interpretation must account for devolved powers and the equal legal standing of the Welsh language.

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    37 分
  • The Legal System of England and Wales III: Primary Legislation
    2025/11/27

    The structure and components of statutes, which are laws formally enacted by legislative bodies like the UK Parliament or the Senedd Cymru. Acts of Parliament serve as a primary source of law in the UK, existing alongside and taking precedence over common law. The sources meticulously describe the structural elements of an Act, including the short title, citation, long title, preamble, Royal Assent, and the main body’s organization into sections and subsections. Furthermore, the text distinguishes between a UK Act of Parliament and an Act of Senedd Cymru, highlighting differences in their jurisdiction, enacting formulas, and the bilingual requirement for Welsh legislation. Finally, the materials provide guidance on the correct method for citing these legislative acts, using the short title and year of passage.

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    31 分
  • The Legal System of England and Wales II: Development of Case Law
    2025/11/26

    A comprehensive overview of the UK common law system, focusing primarily on the Doctrine of Precedent, also known as stare decisis. It explains that common law relies on judicial decisions and case law, distinguishing it from code-based civil law systems. A key element discussed is the binding nature of precedent, detailing the concepts of vertical binding effect (higher courts bind lower courts) and horizontal binding effect (courts binding themselves). The text clarifies that only the ratio decidendi, or the legal reasoning essential to the judgment, is binding, while obiter dictum remains persuasive. Finally, the source addresses how judges can manage or avoid precedents through techniques like distinguishing cases based on differing facts, overruling a prior incorrect principle, or reversing a lower court's decision on appeal.

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    33 分
  • The Legal System of England and Wales I: The Courts
    2025/11/25

    A comprehensive overview of the UK's legal system, primarily focusing on England and Wales, outlining its foundational components and operational structure. The texts begin by identifying the diverse sources of law, including legislation, common law (case law and equity), assimilated European Union law, international treaties, the Royal Prerogative, and constitutional conventions. They detail the historical development and structure of the judiciary, highlighting the crucial constitutional reforms that separated the powers of the government branches and established judicial independence, notably through changes to the role of the Lord Chancellor. Furthermore, the documents clearly map the hierarchical civil and criminal court structure, defining the jurisdiction of courts like the County Court, High Court, Magistrates' Court, Crown Court, and the Supreme Court. Finally, the texts explain the various appeal routes within this hierarchy and briefly address the "right of audience," distinguishing between the advocacy privileges of barristers and solicitors.

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    37 分