$135,000 - The Fly Kick
Such reports should contain at least the following: It also provided for a wrongdoer to repay a sum, which could amount to more than the sum he had earned from his wrongdoing. In doing so, it asks broad questions. The mere fact that the person has been imprisoned, raises the claim of nominal or compensatory damages if no other injury was caused to the plaintiff. Of course, these do not happen swiftly. One of the primary reasons for the English Law Commission's recommendation in favour of judicial assessment of exemplary damages was the fact that juries do not give reasons for their decisions, whilst judges usually do. Bench Trial - Trial without a jury in which a judge decides the facts as well as the law.
Constituents of False Imprisonment
The Emperor Antoninus A. The Carriage of Goods by Sea Act if this link is broken click here to see the document gives effect to the Hague-Visby Rules, which have the force of law. The Hague-Visby Rules, or rather all those of them that are included in the Schedule, are to have the force of law in the United Kingdom: But since they form part of an international convention which must come under the consideration of foreign as well as English courts… They should be given a purposive rather than a narrow literalistic construction, particularly wherever the adoption of a literalistic construction would enable the stated purpose of the international convention, viz.
The Hague-Visby Rules apply where: Moreover, the Hague-Visby Rules also have the force of law in relation to: In these Rules the following words are employed, with the meanings set out below: Article II Subject to the provisions of Article VI, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth.
The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to: Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried. After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things: Provided that no carrier, master or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking.
Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3 a , b and c.
However, proof to the contrary shall not be admissible when the bill of lading has been transferred to a third party acting in good faith. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars.
The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.
The notice in writing need not be given if the state of the goods has, at the time of their receipt, been the subject of joint survey or inspection. Subject to paragraph 6bis the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. This period, may however, be extended if the parties so agree after the cause of action has arisen.
In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods. An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the Court seized of the case. However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself.
Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to, or in connection with, goods arising from negligence, fault, or failure in the duties and obligations provided in this article or lessening such liability otherwise than as provided in these Rules, shall be null and void and of no effect. A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability.
Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article III.
Whenever loss or damage has resulted from unseaworthiness the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this article. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from: The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.
Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of these Rules or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.
What about an employer who secretly monitors private emails of employees, or web browsing by employees. Is software that tracks employee mail and internet use an unauthorized intrusion into employee privacy? If so, is the employer safe provided it posts an internet useage policy warning employees that they are being watched?
The tort might also end up being important in cases when employers send out private investigators to spy on employees they think are malingering and pretending to be disabled. Would videotaping a person in their home by such a person be caught by this new tort? Those are my off the cuff thoughts. How do you think this new tort might influence employment and labour law? There have been two competein lines of arbitral awards.
The other, more galling, line holds that as long as the evidence is relevant, it should be admitted. Arbitrators have justified their adoption of the latter approach by saying there is no free-standing right to privacy in Ontario, so an employe need not prove its decision to surveil is reasonable. The line will never be crossed by surveillance which has been considered acceptable to date.
There are few enough cases in which arbitrators feel it necessary to draw out the distinction between the two doctrines, anyways. Employers and employees need to continue to be guided by common sense. And it seems pretty likely that a similar analysis will be applied to these as was used in this case. Your email address will not be published. You may use these HTML tags and attributes: Here is what needs to be proven to make out the tort: An unauthorized intrusion; 2. The intrusion was highly offensive to a reasonable person ; 3.
The matter intruded upon was private ; and 4.