2012

Injury on roadway- Non-feasance - Mis-feasance - Negligence

Doctor engages to do emergency special surgery – Fails to do so – Whether Negligent - Damages

Notice of Appeal out of time – Application for leave to Extend Time to file Notice of Appeal – Factors to consider - Whether Court has jurisdiction to grant application

Negligence – Motor Vehicle Collision – Inevitable Accident – No Need for Specific Pleading Definition – Apportionment of Liability

Contract – Agent – Goods credited by employee and used to refurbish employer’s premises – Vendor unpaid – Employer in liquidation – Whether employee contacted in her own name or in the capacity as agent – Whether employee personally liable or liquidator liable.

Property Right of Spouses Act S. 13 – Application for an Unequal Share of Family Home – Family Law Reform – Equal Share Rule – Whether Equal Share Unreason-able and Unjust – Relevance of Contributions – Statutory Entitlement S. 6

Agreement for sale of land  –Purchaser entering into possession for a period of time – Whether liable for interest on unpaid balance of purchase price or Mesne profits consequences of vendors remaining in possession thereafter – Specific performance

 - Whether vendors guilty of willful default.

Where vendor possession in default, But not willful,

Entitlement to rents and profits and not interest.

Application for contempt for breach of a Court Order – What must be proven – Burden of proof – Standard of proof – Procedural requirements to be met – Part 53 of Civil Procedure Rules – Actus Reus and Mens Rea of civil contempt – Section 21(1) of Maintenance Act.

Matrimonial property – Parties separated – Division ofmatrimonial property – Family home – Variation of equal share rule – Section 6, 7, 13, 14 and 15 of the property (rights of spouses) Act - Financial provision – Maintenance of wife – Maintenance of child of the family – Custody – Sections 10, 20, 21 and 23 Matrimonial Causes Act – Sections 8, 5, 9 and 14 of the Maintenance Act.