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Tuesday, November 12, 2013

Notes on Chapter 6 Legal Studies Textbook

Rights & Responsibilities What be rights and responsibilities? * Rights * good or honourable entitlements or permissions * Persons right is the result of pack in a fussy class of psyches * Not necessarily coarse * Created by religious, social, statute, common law authority * Responsibilities * Legal or moral pledge to individuals, groups, the state, society * Responsibilities to act / refrain from playacting in a particular way * All mint have responsibility not to draw in malefactor or Tortious acts * Tortious wrongful; constituting a civil wrong or breach of employment to others * Both wrong are interrelated * One psyches responsibility is another(prenominal) persons right Legal behind of rights * In Australia, legal rights may be protected by statute or common law * Statute * Laws made by fan tan * E.g. The right not to be e xcluded or restricted on the basis of race, colour or ethnic origin racial Discrimination routine 1975 (Cth) * usual Law * Laws made by judges * E.g.
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If someone purchases a product, he/she has a common law right to enjoy it without being candid to anything mischievous or unpleasant (Donoghue v Stevenson [1932] AC 562) Legal basis of responsibilities * Statute * Legal responsibilities also called Obligations or Duties * E.g. A persons duty to send their children to school , duty of the state to turn arse children have the best possible education Education morsel 1990 (NSW) * Common law ! * Breach of duty of care entitles the person harmed to bring an action for negligence * E.g. Employers duty to cover that their employees have proficient conditions in which to do their work (Wilson v Tyneside Window modify Co. [1958] 2 QB 110) The nature of individual rights * The singularity between moral and legal rights * Moral rights can be argued from different heathen viewpoints * Legal...If you want to get a all-embracing essay, order it on our website: OrderCustomPaper.com

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