Legal Aid Service

x-pert

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Jun 13, 2006
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kosandpol said:
Typical blood sucking lawyer..

:lol::lol: Agreed. :rofl: Typical SOB Nash_Node :P

But again, Some wise guy have said that never offer any service for free which you're good at ;)
 
Jul 23, 2009
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United States
Doctors who insist on looking beyond the symptoms of disease and illness make people in high places nervous.
Their medical knowledge gives them credibility. Their role as healers gives them influence. When they challenge government policy, corporate practices or societal values, people listen.
Western society has a long tradition of doctors speaking out against poor sanitation, environmental degradation, war, oppression and poverty and unhealthy products.
Physicians for a Smoke-Free Canada, for instance, played an instrumental role in restricting tobacco use. Physicians for the Prevention of Nuclear War helped push the disarmament movement into the political mainstream. Pediatrician Fraser Mustard has been a powerful champion for early childhood education. And Toronto's medical officer of health, David McKeowan, has repeatedly pointed that people who can't afford to eat properly get sick.
Dr. Peter Ubel of the University of Michigan is part of this activist minority. He is taking on nothing less than capitalism itself.
 

lanasingh

Member
Jun 21, 2009
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USA
I am posting on behalf of another claimant who wishes to go to Review regarding his entitlements.

Can someone please tell me what Lawyers in Akl. are undertaking Legal Aid work for ACC matters.

Also need some names of good Spinal Specialists in Akl. for a Report. Please advise.
Sorry for offtop: viagra triangle
 

senator

Member
Jun 3, 2009
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close to Colombo
dude! read your law books again!!
or better yet, buy NEW law books and read them!
There ARE laws relating to internet, computers and software laws in SL.

You are right. There are such laws in Sri Lanka.

Yes, even 'Buddhimaya Depola' (Intellectual Property) laws have some relevance to Internet and Cyber matters.
 

yakshaya

Well-known member
  • Aug 31, 2008
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    i have a coursework on contributory negligence+insolvency. can you write that for me :)

    'nyway keep it up the good work.
     

    HRA

    Well-known member
  • Oct 3, 2006
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    i have a coursework on contributory negligence+insolvency. can you write that for me :)

    'nyway keep it up the good work.

    Yes I can help you on this

    I assume that you know what the negligence means and how its connected with the contributory negligence. Contributory negligence is one of the defences to the negeligence. Other main defence is voluntary assumption of risk which is a separate topic under the law of delict.
    First of all I will discuss the statute law regarding the contributory negligence. contributory negligence in English law and sri lankan law is now governed by the law reform(contributory negligence) act of 1945 and the law reform (contributory negligence and joint wrongdoers) act no 12 of 1968 respectivly. The relevant setions of these acts are almost identical.
    Part 1of the sri lankan act provided provision for the contributory negligence. Section 3(1)(a) of part 1 of the act states that,
    “Where any person suffers damage which is caused partly by his own fault and partly by the fault of any other person, a claim in respect of that damage shall not be defeated by reason only of the fault of the claimant, but the damages recoverable in respect thereof shall be reduced by the court to such extent as the court may deem just and equitable having regard to the degree in which the claimant was at fault in relation to the damage.”
    And section 3(1)(b) states that
    “Damage shall, for the purpose of paragraph (a) of this sub-section, be regarded as having been caused by a person's fault, notwithstanding the fact that any other person had an opportunity of avoiding the consequences thereof and negligently failed to do so.”
    It must be noted that statute law now governs the consequences of contributory negligence and is irrelevant to the question whether the pliantif was infact guilty of such negligence, which question continues to be decided according to the rules of common law.

    Now it is important to consider what constitutes contributory negligence. It shoul be noted that contributory negligence of a plaintiff isn’t synonymous with the negligence of the defendant. In establishing the negligence of the defendant it is essential to show that he wes in breach of a duty of care towards the plaintiff. In providing contributory negligence, the question of duty of care dose not arise and all that is required is that the pliantif failed to take reasonable care of himself.
    While in many instances the plaintiff’s negligence may have contributed to the accident which took place, this is nota an essential element of contributory negligence. It is necceray to prove that his conduct contributed to the damage which he sufferd.ex: a motor cyclist riding without a helmat maybe involved in an accident through not fault of his own. But if it can be proved that his lack of helmet contributed to the injuries he suffred, the compensation awreded him will be reduced accordingly.
    On the other hand it must also established that the negligent conduct of the plaintiff, exposed him to the pariculer injury which was infact caused to him.in the case of aforementioned motor cyclist, if he has sufferd broken limbs rather than head injuries, his lack of helmet would be immaterial and the question of contributory negligence wouldnot arise.(see also dictum of Krester Judge in the case of Fernando vs Rode -41 N.L.R 8 at P.11)

    Assuming now that negligence on the part of the plaintiff has been proved, tha next thing the defendant has to prove is that negligence contributed to the accident. For that purpose read the Jones vs Livox Quarries ltd-(1952) 2 Q.B 608.
    The satndered of care expected of a plaintiff is an objective one and is generally the same as that required of the defendant when assessing his negligence(read the Lord denings dictum of Jones vs Livox Quarries ltd)

    As with other areas of negligence the standered of care required of the plaintiff will depend on the circumstances and there are certain recognized situations in which the plaintiff will not be held to have acted unreasonably
    1. Pliatiff’s right to assume absence of danger-in the firstplace a plaintiff is entitled to assume that other s will act with due regard for his safty and need not take precautions against remort possibilities of danger.(gee vs metropolitan railway-L.R 8 Q.B 161)
    2. The dilemma principle- where the plaintiff has been frighthend or agitated by danger caused by the defendants conduct he will not be penalized for error of judgment made in the circumstances.see Jones vs Boyce
    3. Children and Disabled persons


    And finally burden of proving contributory negligence on the part of the plaintiff is always on the defendant.(read the dictum of Kanakarathna J in perera vs Charles-49 N.L.R 39)


    this is short brief of contributory negligence.i think this will help you to do your course work. if you need anthing more don't hesitate to ask.and about insolvency ,tell me the perview of the insolvency that you need to know
     

    HRA

    Well-known member
  • Oct 3, 2006
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    You are right. There are such laws in Sri Lanka.

    Yes, even 'Buddhimaya Depola' (Intellectual Property) laws have some relevance to Internet and Cyber matters.
    Machan I agree with you and I already mentioned about intellectual property law earlier. What I said was there is no separate branch of law relevance to Internet and Cyber matters.

    do you mean laws relating to the internet computers, softwares?, if its so there are no any law regarding that in sri lanaka.
    but there are few exceptions
    like " Buddimaya depala"(interlectual property law)


    but machan kosandpol meant here is not only about the IPL’s but also computer crimes act 2007. As I mentioned earlier this act can’t implement. It can not practically enforceable.why? I gave reasons for that in my previous posts.
    It is like this
    Imagine there two acts called A and B both are enacted
    But
    A can’t implement= a useless ,negative law=not a real law(why can’t implement)
    B can implement= usefull,positive law=a real law
     

    yakshaya

    Well-known member
  • Aug 31, 2008
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    thnx a lot for the contributory negligence details.

    i think contribution can extend to other parties other than the plantiff. for example a building owner when sue a contractor for negligence, the contractor in turn can bring the designer also in to the scene for contribution. in uk the latest act is civil liability (contributions ) act 1978.the same damage issue comes in this situation.

    insolvency a little later.
     

    HRA

    Well-known member
  • Oct 3, 2006
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    thnx a lot for the contributory negligence details.

    i think contribution can extend to other parties other than the plantiff. for example a building owner when sue a contractor for negligence, the contractor in turn can bring the designer also in to the scene for contribution. in uk the latest act is civil liability (contributions ) act 1978.the same damage issue comes in this situation.

    insolvency a little later.
    machan I think you mixed up negligence with Contributory negligence.in your example in the part of the contractors negligence is towards the building owner and designers negligence towards the contractor. in here contributin is the defence use agianst the building owner by contracter and designer against contractor.