題目

State whether the fight organiser has any defence to a negligence claim by Rodger

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考點(diǎn)：Chapter7Thelawoftortsandprofessionalnegligence

Volenti non fit injuria is the voluntary acceptance of the risk of injury and is a defence to a claim of?negligence. It applies where the claimant expressly consented to the risk (such as on waiver forms signed by?those taking part in dangerous sports), or it may be implied by their conduct.??

Whilst it is not clear that Roger expressly agreed to the risk, it is reasonable for him to expect it. Roger has?taken part in many fights, so he cannot argue that he was not aware of the risk – therefore the organisers are?likely to be exonerated from any liability under negligence for the injuries caused to Roger.??

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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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