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Terms in this set (59)
What is the Case Law
name given to
the collection of
written
decisions?
, Current court decisions must follow
Explain the those made in cases having similar
concept of the circumstances, which allows the
Rule of development of a logical body of
Precedent. general principles against which
specific cases to be compared.
Explain the Compensation in money for the loss
meaning of the or damage suffered.
term "damages".
,Compensatory 1. extent of financial support
damages for provided by the injured party to his
bodily injury are or her family
an 2. social position
amalgamation of 3. reputation
general and 4. financial circumstances
special 5. ability of the plaintiff's legal
damages, and representative
based on a
number of
factors which
the courts take
into account.
State four
factors that
influence the
determination of
compensatory
damages.
Based on the assumption that
Explain the
certain activities are so hazardous
assumption that
that, in the event of injury or damage
lies at the centre
arising out of them, the person
of the Doctrine
conducting the activity shall be
of Strict Liability.
presumed to be legal liable
, Identify two The setting off of explosives , the
activities that lighting of fires, the operation of
impose strict aircraft, the keeping of a dangerous
liability on the thing on the premises, such as water
person in a dam or cistern; gas; electricity;
conducting the wild animals.
activity.
What is the The defendant has the right to
position of the establish a defense against an action
defendant in a alleging strict liability.
legal action
when the law
deems the
defendant
strictly liable?
A defective product is one that
What determines contained something that it should
if a product is not have; or something that should
defective? have been there was omitted in its
manufacture.