題目

State whether the train station has any defence to a negligence claim by Lulu?

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考點：Chapter7Thelawoftortsandprofessionalnegligence

Contributory negligence does not exonerate the defendant from their negligence completely, but their liability?to pay compensation may be reduced by the courts if the injured party is proved to have contributed to the?loss they suffered in some way. In the case of Sayers v Harlow UDC 1958, a lady was injured while trying to?climb out of a public toilet cubicle which had a defective lock. The court held that she had contributed to her?injuries by the method by which she had tried to climb out.?

This case is almost identical to Lulu's so it is expected that the train station may use this defence and the?courts will reduce damages awarded to Lulu on a percentage basis that is just and reasonable. This is?typically in the range of 10% to 75%, however it is possible to reduce the claim by up to 100%.?

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Vlad generates a substantial income from illegal tax evasion and sought advice from Gloria (his personal accountant) on how to dispose of his illegal earnings. Gloria suggested that to disguise the source of the funds, Vlad should purchase a chain of restaurants and pass his gains from the illegal operation through the restaurants' accounts. Vlad agreed with Gloria’s proposal and appointed her as the restaurant chain’s finance director and together they passed the illegal money through the operation.

25

【論述題】

State the offence of money laundering.

State whether Gloria has any liability for money laundering.

State whether Vlad has any liability for money laundering.

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In January the board of directors of Huge plc decided to make a takeover bid for Large plc. After the decision?was taken, but before it is announced, the following chain of events occurs:?

(1) Slye, a director of Huge plc, buys shares in Large plc?

(2) Slye tells his friend Mate about the likelihood of the takeover and Mate buys shares in Large plc?

(3) At a dinner party Slye, without actually telling him about the takeover proposal, advises his brother?Tim to buy shares in Large plc and Tim does so?

28

【論述題】

?State whether Slye committed insider dealing when he bought shares in Large plc?

?State whether Mate has any liability for insider dealing?

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