Where a person is under an obligation by virtue of any of the provisions concerned with the opening-up of the groundhandling market in airports1, the person to whom the duty is owed is specified; and, depending on the circumstances, the duty is owed to airport users, or suppliers of groundhandling services, or both2. A breach of duty is not a criminal offence but any breach is actionable by any such supplier or, as the case may be, airport user, who, in consequence, suffers, or risks suffering, loss or damage3. Proceedings may not be brought unless:
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
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