A victim’s choice to refuse medical care is insufficient to exonerate her killer. Stella Liebeck, the 79-year-old woman who was severely burned by McDonald’s coffee that she spilled in her lap in 1992, was unfairly held up as an example of frivolous litigation in the public eye. When he drove onto the officer’s foot he did not intend to harm him, and at the point where he did intend to continue doing him harm he only omitted (failed) to move his car off the officer’s foot. Had Mr Ainsworth lost his case, Lucasfilm were making a claim for around £20million, but the legislation says very little about what makes ‘a sculpture’ so the judges have to develop their own tests for what one is. Do we think they deserve to be protected from copying without permission or a licence for over 70 years, the same as a painting? In criminal law, the illegal act of the defendant must have caused the victim’s injury or death without anything ‘breaking the chain of causation’. @*/false; if (!IE) { return; } if (document.compatMode && document.compatMode == 'BackCompat') { if (document.getElementById("af-form-876625274")) { document.getElementById("af-form-876625274").className = 'af-form af-quirksMode'; } if (document.getElementById("af-body-876625274")) { document.getElementById("af-body-876625274").className = "af-body inline af-quirksMode"; } if (document.getElementById("af-header-876625274")) { document.getElementById("af-header-876625274").className = "af-header af-quirksMode"; } if (document.getElementById("af-footer-876625274")) { document.getElementById("af-footer-876625274").className = "af-footer af-quirksMode"; } } })(); --> In a challenge to the Labour policy of indefinitely detaining foreign terrorist suspects without charge, the majority declared the British state acted illegally and in a discriminatory way. In criminal law the two elements have to happen at the same time, so he argued that he should not be convicted. Mr Griggs’s complaint was that the company he worked for required a high school diploma and a certain result in an IQ test in order to work in its higher-paid department, when neither a high IQ nor a diploma were necessary in order to be able to do the job well. Atlantic Lottery Corporation Inc v Babstock: SCC Rejects Waiver of Tort in Class Actions. What’s the difference? This has not however been prosecuted before in similar circumstances, and Mrs Purdy asked the Director of Public Prosecutions (DPP) for guidance as to what factors the Prosecution Service would use in deciding whether to prosecute her husband. The defendant prepared a syringe of heroin for the victim who voluntarily injected himself, and then died afterwards. Assisted suicide is legal in Switzerland, leading to cases of ‘suicide tourism’. Synonymous with abortion in the USA. In a maze of ethical and legal conflicts, Lord Justice Ward rather hollowly declared that "this is a court of law, not a court of morals.". This means that the protection of something against copying without the right-owner’s permission can vary a lot depending on whether it is a functional item covered by design rights, or an artistic one protected by copyright. Fordham v Dutton-Dunwich (Municipality) 2012, ONSC 6739, 2014 ONCA 891 Bondy v London, 2013 ONSC 1218, 2014 ONCA 291 Kandavanam Maria-Antony v Sritaran Selliah, 2007 ONWSIAT 615, 2014 ONSC 4264 However, the court did decide that the semen samples were personal property because of the control the men had over it – they were the ones who could decide what to do with it, despite some limitations set by the Human Fertilisation and Embryo Act 1990, and so the relationship had most of the hallmarks of ownership. The name comes from the fact that tort is French for ‘wrong’ – this is the law of wrongs. Obviously this was more important for prosecuting those planning or encouraging suicide, which is still illegal, or attempted suicide, than for trying to prosecute people who had succeeded in killing themselves! Suing the Weatherman. This uncertainty was having a huge impact on major decisions about her life, and by refusing to issue guidelines the DPP was asking her to decide between taking her life before she felt it was necessary, or risking the imprisonment of her husband.