Near the end of 2010, Blizzard plans to launch the next World of Warcraft expansion Cataclysm. Many players are looking forward to the release of this new expansion, which will bring many new gameusd features. The expansion will open new unseen zones in the game and will bring many new skills to all the classes. One would be a fool to miss out on this update.

The Cataclysm expansion already has over 100 thousand pre-orders, even though the exact release date has not even been officially announced. This number will grow rapidly up until the TBD launch date, and inevitably nearly all of the 11  million world of warcraft subscribers will purchase it.

The normal expansion release is priced at about $40, while the collectors edition that includes many other world of warcraft related merchandise is around $80, twice as much bankofwow. Both releases include the wanted Cataclysm CDKey that unlocks the new update. Which one will you be buying?

Also different stores have different prices, you can compare cost of Cataclysm expension from the online vendor below:

GameUSD vs Bank of WoW

The game resident evil 5 is the latest game I have played. The control design is so bad that I give up in 10 minutes.

1. Third person design and character centered at left of the screen, blocking a quater of the screen and makes the whole game feel weird (especially if you are right handed).
2. Mouse is significantly delayed
3. Mouse sensitivity is super high when you stand still and look around. However, when walking the mouse sensitivity is super-slow making it hard to turn

Not sure what the designer is up to when they designed the game. Resident evil 1 probably has better interaction design than this.

Agreement

Offer

Elements-

• Statement by offereor containing stated terms
• Statement made to another person
• Offeror indicates a preparedness to be bound

Bilateral or Unilateral

Offers to public at large (Carlill v Carbolic Smoke Balls)

What is not an offer

• Mere puff (Carbolic)
• Supply of information (Harvey v Facey)
• Invitation to treat. Advertisements, catalogue and websites pricing. Concern about stock by retailers.

Standing offers – A agrees to tender for 12 months. Offer is accepted by a each month.

Offer must be communicated (Cole v Cottingham) , the communication must be by the offeror or by someone authorised by the offerer(ibid)

Termination of Offer

• Can be withdrawn anytime before accepted (Goldsbrough Mort), this is even so the offeror has promised to keep the offer open for a period of time. If the offeree has provided consideration to the offeror to keep the offer open, the position is different.
• If offeree rejects the offer it is terminated and cannot be reopened. Stevenson Jaques & Co v Mclean

Acceptance

Offeree must accept terms of offer

Acceptance must be unqualified – “Subject to formal contract” clause would not make parties bound if their intention is not to have legal relationship until the formal contract. However, if they have intention they will still be bound.

Acceptance must be communicated to offeror

Postal Acceptance Rule – Henthhorn v Fraser. Only available when post is one of the accepted method of acceptance.

Acceptance in unilateral contract

Offer can only be accepted by whom it is made to = Reynolds v Atherton

Certainty and Completeness

Terms of agreement are formulated with sufficient certainty and agreement has been reached on all of the terms necessary to carry out the contract

“A contract containing language that is so obscure and so incapable of any definite or precise meaning that the court is unable to attribute to the parties any particular contractual intention’ will be unenforceable. The uncertainty may relate to one or more pivotal terms of agreement” Viscount Maugham in G Scammell.

Even here uncertain or ambiguous language is not used, if the parties have not agreed on all of the essential terms of the agreement, the contract will be unenforceable

Heads of agreement is an agreement to agree and is not enforceable

‘Subject To’ agreements

Subject to contract  -  Page 107

Intention to create legal relations

Before a contract can be created, the parties must have intended to enter into legal relations – Atkin LJ in Rose and Frank Co.

Objective test

• Subject matter of the agreement
• Status of parties
• Parties relationship
• Language used by parties
• Subsequent conducts of parties
• Context in which the agreement was made

New approach in Ermogenous in family context – pg 120

Onus is on party saying yes there is intention.

Circumstances indicating absence of intention

• Honour clauses
• Free gifts – p131

Consideration

Is there consideration?

• Consideration must move from promise(Dunlop)
• Benefit need not move to promisor, can move to third party
• Joint promisees – B and C agrees with A that A may quarry and remove stone from land owned by B in exchange for A paying royalties to B and C. C has no consideration but it’s a joint promisee and can sue(Coulls V Bagot’s)

Doctrine of privity – p145

• Only a person who is party of contract can sue – A and B agrees that if B does work for A, A will pay C $500. C cannot sue because he is a stranger to the consideration (Coulls)

Doctrine of consideration

• Same with above case if they sign contracts. C still cannot sue because theres no consideration

Consideration must be bargained for – p146

Consideration must be sufficient – Thomas v Thomas

Consideration need not be adequate – p148

Consideration can be nominal

Some consideration cases – p149

Consideration must not be past

No consideration required for formal signed agreements.

Performance of existing contractual duties – p155

Equitable estoppel

P175

Combe v Combe by Denning DJ– Where one party has, by his words or conduct, made to the other a promise or assurance which was intended to affect the legal relations between them and to be acted upon accordingly, then, once the other party has taken him at his word and acted on it, the one who gave the promise cannot afterwards be allowed to revert to the previous legal relations as if no such promise had been made by him.

Elements – pg180

Establishing Contractual Terms

Person is bounded by the terms contained in an agreement signed by that person – L’Estrange v F Graucob Ltd. Exceptions-

• signature does not signify assent to the terms.
• Or when it is signed under fraud or misrepresentation: Pg 210.
• Document signed is not contractual in nature p210
• Non est factum – person does not know what he is signing p213

Could be bound if no document is signed (tickets)

• Reasonable notice of existence is given and was give n before or upon contract formation. Question of fact. P214 Onus is on defendant.
• Signs
• Website

Terms can be included by reference –p220

Oral Terms

Mere puff, Representation or term p223

A statement will be a term of contract if it is intended to be promissory in nature. A statement will be promissory in nature if the statement-maker ‘warrants’ its truth – Lord Denning LJ. Otherwise is a representation only.

• Words and conduct of the parties – Objective test

n   Harling v Eddy – Seller promised something was excellent in oral and exclude liability in written. Held that the oral term was a condition and enforceable.

• Statement-maker has control in relation to the information p227
• Oral statement not reduced to writing when writing up contract p227
• Interval of time

Collateral contract

P229

Consideration for the promisor’s promise is the promisee’s entry into the main conract – De Lassalle v Guideford. Elements examined in JJ Savage & Sons v Blakney

• A statement is made to induce entry into the contract
• The statement is relied upon
• The statement relied upon was promissory in nature

Consistency with main contract

Circumstances which collateral contracts are likely to be pleaded

Parol Evidence rule

Lord Denman in Goss v Nugent: if there be a contract which has been reduced into writing, verbal evidence is not allowed to be given of what passed between the parties either before the written agreement was made, or during the time that it was in a state of preparation so as to add to or subtract for in any manner vary or qualify the written contract.

Still operates in aus = Mercantile Bank of Sydney v Taylor

Extrinsic material also not allowed to be used to assist interpretation – Codelfa.

Only applies when terms of the agreement are wholly in writing – Gordon v MacGregor

Exceptions – p237

• Collateral contracts
• Written contract still not in force
• Evidence that the written contract was later discharged p238
• Evidence to imply a term
• Evidence necessary for rectification.

More exceptions p298

• Ambiguity
• Identification of subject matter
• Identification of parties
• Identification of real consideration
• Custom or usage
• Rectification

Implied Terms

Business efficacy p241 elements in: BP Refinery v Shire of Hastings

Five-tier rules

• The term must be reasonable and equitable
• The term must be necessary to give business efficacy to the contract, so that no term will be implied If that contract is effective without it
• The term must be so obvious that it goes without saying
• The term must be capable of clear expression
• The term must not contradict any express term of the contract

Inadmissible evidence

Subjective intention

Prior negotiation

Subsequent conduct

Types of promissory terms

Conditions 304

A term that lies at the root of the contract and is so important that any breach of it entitles the innocent party to terminate further performance of the contract and to claim damages for the breach

Test of essentiality – whether it appears from the general nature of the contract considered as a whole, or from some particular term or terms, that the promise is of such importance to the promisee that he would not have entered into contract unless he had been assured of a strict or substantial performance of the promise. – Tramways advertising

Can claim damage and terminate contract. Court doesn’t like this because they promote fixing the actual problem than terminating contract.

Warranties 306

“An agreement with reference to goods which are the subject of a contract, but collateral to the main purpose of such contract, the breach of which gives rises to a claim for damages but not to a right to reject the goods and treat the contract as repudiated” – Sale of Goods Act

Can only claim damage cannot terminate contract – Ellul v Oakes

Possible for termination if breached multiple times

Intermediate Term 308

Different remedies depending on gravity of breach – Hongkong Fir

-          Degree of performance up to the time of the breach compared with the performance required under the contract

-          Whether damages would adequately compensate the lost expectations of the innocent party

-          whether the expectations of the party in breach would be unfairly prejudiced by terminating the contract

-          the attitude and conduct of the party in breach, including the likelihood of the breach persisting.

Exemption Clause p313

-          Whether the clause forms part of the contract

-          Whether on the true construction of the clause it covers the liability that has arisen.

The nature and ordinary meaning, read in the light of the contract as a whole, thereby giving due weight to the context in which the clause appears including the nature and object of the contract and where appropriate construing the clause contra proferentum in case of ambiguity.

Contra proferentum – construed strictly against party whose benefit is inserted. – Thomas national transport

Attempts to exempt negligence p 315

Trade Practices Act – p319

n   S68

More clauses p320

Formalities

Guarantees – S56(1) PLA requires contracts of guarantee to be in writing and signed by party to be charged in order to be enforceable.

Contracts relating to land must be in writing and signed – s59 PLA. P368

Contents:

• Act does not specify the content so common law must be followed” must contain all the essential terms of the agreement – Harvey v Edwards
• 4 elements  in content of writing – Twynam Pastoral v Anburn

u  Document must contain the parties to the contract

u  The property must be adequately described

u  If property is part only of a particular lot, care must be taken to specifically identify the portion being sold.

u  Consideration for the promise namely the price, must be recorded.

u  The principal terms of the contract must be disclosed

• Acknowledgement of agreement p371 – writing need to contain concluded agreement on sales – Tiverton Estates v Wearwekk

Signature:

• Must be signed by party to be charged
• Does not need to sign it physically as long as name appears p368

Joinder of documents 372

It is possible to join documents either by reference to another document or to some other transactions – Harvey v Edwards

Reference to document 374

• Document physically connected
• Document executed at same time

Documents cannot be joined if the document is a later document

Reference to a transaction 375

Electronic writing and signature 378

Effect of statutory non-compliance :common law 386

Contract is unenforceable – Actions cannot be brought for specific performance or for damages for breach

Contract valid to pass title – In case of two contracts for one land, it is not relevant if one contract lack in writing.

Recovery of money under unenforceable contract – If Seller’s default -> have to return deposite. Buyer’s default -> doesn’t have to return deposit

Part of performance 388

Doctrine of part-performance – if parties enter into an oral contract for sale of land and reply on that contract, one party does certain acts, the courts may be prepared to grant that person specific performance for the contract.

4 Elements

-              Act must be sufficient part of performance

-              Acts are unequivocally referable to such contract as that alleged. Acts must be connected with the contract. (Regent V Millett)

-              Acts done in reliance on the agreement and with knowledge of the other party

-              Acts done by party seeking to enforce contract

-              Oral contract must be otherwise enforceable

Estoppel for Oral statement

A party may be estopped from relying on the property law act. Waltons Stores v Maher.

To be successful, the assumption or expectation must be more than assumption that a contract exists. It must be that an enforceable contract exists, for example, a representation that the defendant will execute a formal contract -  Powercell Pty Ltd

Privity

General Rule: Only parties to the contract are legally entitled to enforce it

Australia case – Trident

Abrogated in s55(1) PLA in qld

-              Promisor – Party who actually makes the promise for the benefit of the beneficiary

-              Beneficiary – Incidental beneficiary cannot rely on the section, Re burns Philp Trustees(has Both competing view but this is a better view)

-              Promise is defined in s55(6)

-              Acceptance – Defined in s55(6)

Exceptions common law 423

If there is no statutory or preconditions are not meet to abrogate privity law.

Agency – Can sue. Can be protected by exemption clause if 4 conditions are met (NZ Shipping v Satterthawaite)

-              Must make it clear that the party is intended to be protected.

-              Must make it clear that the carrier is contracting not only on its own behalf but also as agent for the party in relation to the exemption

-              The agent was so authorised by the  third party,

-              Any difficulties concerning consideration moving from the party can be overcome

Offences, Trials, Interpretation of Code, Costs

Classifying Offences

Regulatory offences

Criminal Offences

Crimes

Misdemeanours

Simple offences

Trials

Interpreting criminal legislation and code

Criminal responsibility

Costs

Arrest, Warrants, Right to silence, Bail, Trial and Appeal

Arrests with warrants

Arrests without warrants

Arrest of children

Citizen powers to arrest under code

Arrest for questioning

Right to silence

Effecting an arrest and subsequent duties

Duties Following Arrest

Safeguards for person being questions

Bail

Watch house bail

Court Bail

Trial & Appeal Procedures

Committal hearings

Summary Trial

Onus of proof

Homicide

Unlawful Killing

Criminal Negligence

Founding unlawful killing on criminal negligence

Founding unlawful killing otherwise

Murder

Manslaughter

Attempted Murder

Defences

Non Fatal Offences against the person

Assault

Common Assault

Assault occasioning bodily harm

Bodily Harm

Assaulting causing bodily injury or in company

Serious assault

Common law battery Limb 1

Common law assault Limb 2

Offence endangering life or Health

Grievous bodily harm

Intent Offences

Wounds

GBH

Serious Disease

Maim

Disabling In Order to commit indictable offence

Stupefying in order to commit indictable offence

Unlawful Wounding

Negligent acts causing harm

Torture

Sexual Assault

Rape

Evidentiary concern for sexual assaults and rape

Domestic Violence

Stalking

Extortion

Extortion

Robbery (Stealing with force)

Break and Enter

Burglary

Burglary with break

Stealing

Money In bank

Taking

Conversion

Regulatory Offences Act 1985

Unauthorised dealing with shop goods

Leaving hotel without paying

Unauthorised damage to property

Receiving

Receiving stolen property

Fraud

Unlawful use of motor vehicle

Personation

Personation

Forgery and uttering

Arson

Wilful Destruction or Damage

Computer hacking and misuse

Motor Vehicle Offences

Drink Driving

Procedure for Breath Test AC

Offence of Failure to provide

Time limitations for breath tests

Drinking after alleged events

Dangerous Driving

Careless Driving

Drug Offences

Possession

Permitted use of place

Trafficking (Sale of drug)

Supplying

Producing

Receiving or possessing property obtainted from trafficking or supplying

Possession thing for use or used in connection with s10

Possessing suspected property

Trespass

Identify the parties: A (P) v B

Jurisdiction: Queensland

Title to sue:

1)      Trespass to person

(a)   Battery : Any act which directly and either intentionally or carelessly causes some physical contact with the P without consent or lawful excuse. (Scott v Shepherd – fireworks

(i)     Direct Application of Force

-          The application of force maybe indirect (s 245 of the Criminal Code)

(to pull a chair from a person so that they are thrown on the floor: Hopper v Reeve)

(if the D(police) stood ‘entirely passive like a door or a wall put to prevent the plaintiff from entering the room’ this could not amount to a battery: Innes v Wylie)

(ii)    Offensive Contact

-          to amount to a battery the alleged interference must be offensive contact with the plaintiff’s person.

-          Anger or hostility

(Contact does not have to be hostile: since the decision of “Re F”)

-          Contact as Part of Every Day Life

(falling within a general exception, embracing all physical contact that is generally acceptable in the ordinary conduct of daily life: Collins v Wilcock)

-          Consent

(If the consent is lawful and consented to there is no battery: McAdams v Widham, Pallante v Stadiums)

(Medical: every surgical procedure is an assault unless it is authorized, justified or excused by law: Secretary Department of Health and Community Services v J M B & S M B)

(Sports: if the body contact is within the rules of sport, provided it is not illegal: McNamara v Duncan)

-          Knowledge of the Contact by Either Plaintiff or Defendant

(Knowledge is not an essential element of battery on the part of either party)

(Medical: an interference by a doctor with a patient stupefied by drugs, where interference is not reasonably necessary as a medical procedure: Murray v McMurchy)

(A defendant who does noy know of the contact with the P may still be liable: Law v Visser)

(iii)  Fault

(off the highway: D bears the onus of proving the lack of fault)

(on the highway: P has to prove both direct interference ad that the D was as fault)

(b)   Assault: An act giving rise to a reasonable expectation that imminent direct physical force will be inflicted on P (Brady v Schatzel)

(i)     Actual or Apparent Ability to Apply Force

-          The defendant must have the actual means or the apparent ability of carrying the threat into effect (Stephens v Myers)

-          It is an assault to present any pistol whether loaded or not, if the person pointed at believes the weapon was loaded (R v St George)

-          P believes threat will be carried out in immediate future (Zanker v Vartzokas)

(ii)    Reasonable Apprehension of Force

-          Knowledge of threat

(the P must be aware of the threat: Police v Greaves)

-          Apprehension not fear

(If the treat would have arouse an expectation of physical interference in the mind of a reasonable person not afflicted with exaggerated fear, unless the victim’s peculiar sensitivity was known to the tortfeasor: Bunyan v Jordan)

-          Conditional treat

(If the words of the threat make it clear that the P is in no danger of imminent contact, there can be no assault as there can be no reasonable apprehension of force: Tuberville v Savage)

(may be an assault if the offered alternative is obedience to an unacceptable command: Police v Greaves)

(iii)  The sufficiency of Mere Words

-          Words along can be sufficient, a matter of circumstances (Taylor J) (Barton v Armstrong)

-          A conditional threat is till an assault if the alternative offered is obedience to an unacceptable command (Police v Greaves)

(iv)    Fault

(off the highway: D bears the onus of proving the lack of fault)

(on the highway: P has to prove both direct interference ad that the D was as fault)

(c)    False Imprisonment: a direct and complete deprivation of a person’s liberty without lawful excuse (Myer Stores v Soo)

(i)     Direct Interference

(ii)    Restraint in all directions

-          The deprivation must consist of a comprehension limitation of freedom in all directions

-          Since escape was open to him in all directions except the particular route blocked off by the seating enclosure (Bird v Jones)

-          No Reasonable Means of Escape

(For there to be total restraint in all directions, there must be no reasonable means of escape: R v Macquaire)

(If the means if escape is not apparent and is not known to the P, there is no reasonable means of escape: Burton v Davies)

(iii)  Physical Restraint not Necessary

-          Mere Words

(Restraint may arise from mere words if those words amount to an assault, that is, a threat of imminent harm.)

-          Assertion of authority

(Restraint may be procured by assertion of legal authority: Symes v Mahon, Harnett v Bind)

-          Knowledge of Imprisonment

(Knowledge of the restraint is not an essential element of false imprisonment: confirmed by: Murray v ministry)

(iv)    Fault

(off the highway: D bears the onus of proving the lack of fault)

(on the highway: P has to prove both direct interference ad that the D was as fault)

(v)                Lawful Authority

-          Right to release governed by contract

(if the person enters a place voluntarily but the right to release is governed by some licence or contract, in such circumstances there is consent to the restriction: Herd v Weardale Steel Coke and Coal Co Ltd)

-          Power of arrest

(Under the common law, an officer may make an arrest without a warrant if there are reasonable grounds to believe that the P has committed a felony.)

(If the police officer who has made a lawful arrest then delays in charging the P beyond a reasonable time: Jones v Harvey)

(Civil arrest: it is lawful under the common law for a person o make a civil arrest to prevent breaches of the peace: Coupey v Henley Whale v Webster)

-          Prison authorities (p.49)

-          Statutory authority (p.49)

Remedies

(1)   Self-help: A person whose bodily integrity is interfered with is entitled to take reasonable steps o protect themselves (Fontin v Katapodis)

(2)   Damages:

Negligent Misrepresentation

Cases

Problem Solving

ESTABLISHING DUTY OF CARE

Reasonable Foresight – Not enough need to satisfy other factors

Representation – Oral, written, advices vs information, opinion, silence, duty to correct.

Special relationship between P and D: Mutual Life & Citizens Assurance Co Ltd v Evatt

1. Assumption of responsibility by the giver of the advice: Tepko Pty Ltd v Water Board. Whether D knows or ought to know he was being trusted. Speaker possess special skills, must be of serious or business nature: Mutual Life. If speaker has financial interest in the advice may provide responsibility: Day v Ost.
2. Reasonable reliance by receiver. Intended reliance not absolute require but significant factor: Esanda Finance Corporation Ltd V Peat Marwick Hungerfords. Special skill is a factor only. Client v Professional establish reliance: Oullen v Gutteridge, Hankins & Davey Pty Ltd. No duty of care if the advice was provided in casual or social context: Mutual Life. Advice must be of serious nature.
3. Disclaimer concerning the liability of the advice. Not always 100%, only a factor: Hedley Byrne & Co Ltd v Heller & Partners Ltd.

BREACH OF DUTY

The standard of care would be that of a reasonable person, where professional in civil acts do not apply to advice and information, whether breached is a question of fact. Damage must be reasonably foreseeable upon breach.

REMEDIES

Damage resulting from the negligent misrepresentation arises from the plaintiff entering into the transaction. Consequential lost may be recoverable if not too remote.

LIMITATION

P has Onus

6 years for PEL. Limitation of Action act 1974 (Qld)

3 years for personal injury.

Deceit Fraudulent Misrepresentation

TITLE TO SUE

Misrepresentation of fact: Pasley v Freeman (objective test).

• Whether a reasonable person would have understood the misrepresentation: Krakowski v Eurolynx Properties Ltd
• Can be written or oral or conveyed by conduct: Horsfall v Thomas
• Silence of mere failure to disclose the truth cannot amount to misrepresentation: Peek v Gurney. Silence must be qualified, setting up truth and ignore false still amounts to misrep: Curtis v Chemical & Dyeing Co
• Misrepresentation of law does not amount to deceit: Eagles field v Marquis of Londonberry.

The representor had knowledge of fact (Scienter)

• Carelessness not efficient to satisfy: Angus v Clifford
• Motive of representor is not relevant: Langridge v Levy
• If a statement is true but later become false, the representor must tell representee: Davis v London & Provincial Marine Insurance Co.
• A principal cannot be held liable for agent’s deceit unless he is conscious: Armstrong v Strain
• Principal liable if authorise agent to release false information: Cornfoot v Fowke
• Employer liable for employee’s deceit: Anglo-Scottish Beet Sugar Corp v SUDC.

The representor intended reliance

• Statement doesn’t need to be made directly to plaintiff: Langridge v Levy.
• Representation to earlier owner cannot be invoked by a subsequent purchaser: Gross v Lewis
• No need specific individual to rely on
• Disclaimer cannot protect fraud

Reliance by plaintiff

• The plaintiff must have acted to his detriment in reliance upon the representation: Horsfall v Thomas
• A representee’s knowledge of falsity may, but not necessary defeat the claim.
• No defence that P had means at his disposal to check the accuracy of representation: Pearson & Son Ltd v Dublin Corp.
• Plaintiff must establish that he had relied upon the misrepresentation: Magill v Magill
• The representation need not to be sole inducement but must be contributing factor: Gould v Vaggelas

Damage

• There must be damage caused upon reliance: Briess v Woolley.
• Doubt as to whether it must be foreseeable: Gould v Vaggelas

REMEDIES

• Compensatory damages: Smyth v Reardon
• Measure by lost suffered by deceit, also consequential lost: Doyle v Olby Ltd
• For purchaser: Difference in value between the price and market price: Holmes v Jones
• Loss of profit claimable: East v Maurer
• Physical injury, psychological injury and distress may be recovered if requirements of causation and remoteness are met.
• Aggravated damage may be available : Archer v Brown
• Exemplary damages may also be available: Musca v Astle Corp Pty Ltd.
• Contributory negligence not relevant in fraud: Standard Chartered Bank v Pakistan National Shipping Co.

LIMITATION

Commences upon the discovery of the fraud

Statutory for Misrepresentation

Trade Practices Act 1974 (Cth) s 52 – Prohibits a corporation in trade and commerce from engaging in conduct that is misleading or deceptive or is likely to mislead or deceive.

Corporation – Person who carry on business under a corporate structure, and in some circumstances, to incorporated individuals, an individual engaged in misleading or deceptive conduct in promotional activities or one who use telephonic services + emails etc.

Trade or Commerce – Also includes professional activities under fair trading legislation in QLD.

Misleading or Deceptive Conduct – Assessed objectively, silence may be actionable: TPA s 4(2)

Disclaimers – Ineffective to a claim under s 52 of the act, unless is evidence that the plaintiff did not rely on the misleading statement: Lezam Pty Ltd v Searbridge Australia Pty Ltd

Fair Trading Act 1989 (Qld) – Works for person.

REMEDIES

Trade Practices Act 1974 (Cth) s 82

• Stress remedy for common law but not bound by those principles: Murphy v Overton Investments Pty Ltd
• Court usually applies the principles for tort when assessing damage under s 82: Gates v City Mutual Life Assurance Society Pty Ltd
• Exemplary damage not available: Nixon v Philip Morris Ltd
• S 82(1B) allows court to reduce damage for a claimant’s own lack of reasonable care.

LIMITATION

P has Onus

6 years: s82(2)

Pure Economic Loss

Relational Loss

Physical damage caused to property resulting pure economic loss is recoverable: Caltex

Defective Buildings

Builder liable for damages done to consequential owners: Bryan v Maloney

Liability for Professionals

Duty of care exists between client and professional: Groom v Crocker. Duty under both contract and tort law may be owed: Astley v Austrust Ltd.

Vulnerability: is to be understood as a reference to the plaintiff’s inability to protect itself from the consequences of a defendant’s want of reasonable care.

ANSWERING PEL PROBLEM

1. ISAAC method
2. Identify all relevant facts:
3. Parties
4. Interests of parties
5. Relationships between parties
6. Identify the damage suffered
7. Classify damage – Physical, Consequential, PEL
8. Duty of care
9. If physical / Consequential Damage
10. Duty: Authority: Donoghue v Stevenson
11. PEL
12. Identify which category of case is relevant Eg: relational loss
13. Use Multi-Factor Approach
14. Multi-Factor Approach
15. Argue by analogy to decided cases
16. Caltex Oil
17. Fortuna Seafoods
18. Ball v Consolidated Rutile
19. Christopher v Fiji Gas
20. Identify Similar Cases:
21. Identify factors additional to foreseeability the courts have identified as relevant to finding a duty.
22. Compare & contrast them and the various individual judgements to your facts
23. Similarities and differences
24. Policy considerations
25. Breach – s 9 & 10 of CLA
26. The risk was foreseeable
27. The risk was not insignificant
28. A reasonable person in the position of the person would have taken the precautions.
29. the probability that the harm would occur if care were not taken;
30. the likely seriousness of the harm;
31. the burden of taking precautions to avoid the risk of harm;
32. the social utility of the activity that creates the risk of harm.
33. Damage – S 11 & 12 CLA
34. Factual Causation
35. Scope of liability
36. Defence
37. Remedies
38. Defendant only responsible for the amount of damage considered by the court to be just and equitable having regard to the extent of the defendant’s responsibility for the harm: Reinhold v NSW Lotteries Corp.
39. The court can consider liability to other party not presented in the proceedings.

Pure Psychiatric Damage

Chester v Waverley Corporation – NO duty owed to mother seeing her son’s body, duty owed if she was actually present when he was drowning.

Same rule to negligence governs psychiatric damage: Tame v NSW, wether duty of care is owned will be determined on the basis of whether pure psychiatric damage was a reasonably foreseeable consequence of the defendants’ negligent act or omission.

ANSWERING PSYCHIATRIC PROBLEM

1. Identify Parties
2. Identify Jurisdiction
3. Identify damage suffered: psychiatric injury, consequential psychiatric damage, grief
4. Identify Limitations (3 years)
5. If harm is actionable:
   1. Grief not actionable: Coates v SGIO
   2. May be actionable as a novel duty: Tame v NSW
   3. Duty of care
      1. Consequential psychiatric damage: work through duty, breach, damage, defences, remedies as recovery is allowed: Nader v Urban Transit Authority.
      2. Pure psychiatric damage: Multifactor approach: Scope of duty does not extend to person who give distressing news: Quayle v NSW
         1. i.                Reasonable Forseeability
            1. Normal fortitude(normal person)
            2. Direct perception
            3. Sudden shock
            4. Expert evidence no decisive
            5. Goes to relationship (close and loving relationship, relationship between plaintiff and victim must be special)
            6. Must be reasonable
            7. ii.                Nature of relationship
               1. P and D
               2. P and injured party
            8. iii.                Control and vulnerability
            9. iv.                Coherency (decision must be consistent of prev cases)
            10. v.                Indeterminacy (floodgates)
   4. Breach of Duty
   5. Damage
   6. Defences
   7. Remedies

Public Authorities

ROAD AUTHORITIES

Historical immunity for a highway authority: Buckle, Gorringe

Case Brodie abolished immunity – Decide by ordinary principle of negligence

Civil Liability Act s 37 reinstated immunity, exception: knowledge of risk, negligence in repair. S 35 and 36 applies if falls out of s 37.

OTHER PUBLIC AUTHORITIES

Governed by s 34~36 of CLA.

PROBLEM SOLVING

l   Apply CLA, then examine cases in common law.

n   Nagle (1993) – P injured when diving into Basin, public was encouraged to use basin, high court decided that there should have been warning signs.

n   Vairy (2005) – P injured when diving into water from rock platform, P Lost.

u  There had been previous accident 15 years ago

u  Warning neither necessary nor reasonable.

u  Council will have to take care of 27km of coast and also lake areas – not reasonable.

u  Obviousness of risk is not determinative but relevant. Recreational activity neither invited nor encouraged.

n   Mulligan (2005) – Injury when diving from standing point, P lost. Refer to Vairy.

OTHER NOVEL CASES

Start with CLA then apply cases on general principles of novel duties: Graham Barclay Oysters, Stuart v Kirkland-Veenstra.

Graham Barclay Oysters – State and council not liable for contaminated oysters.

Stuart v Kirkland-Veenstra – Police not liable for suicide.

ANSWERING PUBLIC AUTHORITY PROBLEM

1. Identify parties
2. Jurisdiction
3. Limitation (3 yrs)
4. Is it liability of public authority as public authority?
5. Does it fall with s37 CLA?
   1. YES: Immunity
   2. NO – Treat road cases re general principles below
   3. Duty
      1. Section 35 – identify principles relevant to determining duty
      2. Case Law – General principles of novel duties,
         1. i.                Policy decision
         2. ii.                Reasonable foreseeability
         3. iii.                Control and vulnerability
         4. iv.                Nature of relationship
         5. v.                Coherency (esp re enabling statue)
   4. Breach of Duty
      1. S 35 – identify principles relevant to determining breach
      2. S 36 Lowers standard of care
      3. Case Law – General Principles
   5. Damage
   6. Defences
   7. Remedies

Vicarious Liability

Employer is liable for the tortuous conduct of an employee during the course of employment: Broom v Morgan. An employer is not liable for negligence by an independent contractor: Quarman v Burnett. Deciding whether the relationship is employee or individual contractor is a matter of law the court must conclude: Narich Pty Ltd v Commissioner of Pay-roll Tax.

Employee or Individual contractor?

Control Test

l   The person was employed to do work for the employer: Hewitt v Bonvin

l   The person engaged was subject to the control of the employer as to the manner in which the work was undertaken

Multi-facet Test

The current approach of the courts in determining whether a worker is an employee involves consideration of a range of factors: Stevens v Brodribb Sawmilling Co Pty Ltd; Hollis v Vabu Pty Ltd.

Special Cases

Hospital Staff – Doctors, radiologists, matrons and nurses have now been held to be employees: Roe v Minster of Health

Armed Force – Members of the armed force are not servants of the crown: Commonwealth v Quince, unless engaged in ordinary civilian-type activities in time of peace: Groves v Commonwealth.

Police – Police and states are jointly liable under Police Service Administration Act 1990; Australian Federal Police Act 1979.

The commonwealth may be liable for tortuous acts of its public servants: Oriental Foods Co Pty Ltd v Commonwealth. However, if the employee was carrying out an independent duty the Commonwealth won’t be liable: Little v Commonwealth

Borrowed Employees – Employer retaining control will be liable, original employee has to prove transfer of control: McDonald v Commonwealth.

Course of Employment

The incident must occur in course of employment otherwise the employer is not liable: Owston v Bank of NSW. Matter of fact and depends on circumstances: Bugge v Brown.

Wrongful Mode

An act or omission is still considered to be in the course of employment even if it is either wrongful mode of committing an authorised act or a wrongful act actually authorised by the employer: Bugge v Brown.

Personal purposes

Frolic doctrine – If the employee takes opportunity during employment to use time or resources for personal purposes the employer is not liable: Storey v Ashton. If the employee is engaged in both personal and business at same time the employer may still be liable: Century Insurance Co v Northern Ireland Road Transport Board.

Prohibition by employer

An express prohibition by the employer of a wrongful act will not necessarily be a defence to the employer if the employee’s act was still a mode of doing what the employee was employed to do: Canadian National SS Coy v Lockhart.

Intentional Torts

Employer may be found liable when employee conduct intentional torts: Lloyd v Grace. If the act is done in employer’s interest and is incidental to the performance of work, the act will be within the course of work: Lloyd v Grace. If it’s for the employee’s own interest, the employer will not be vicariously liable: Deatons Pty Ltd v Flew.

Care or control of children

Employer is liable for acts done by employees to children: Bazley v Curry. Depends on the connection with employment

There has been lack of clear guidelines for vicarious liability regarding intentional torts.

Non-delegable Duties of Care

Common law imposes non-delegable duty upon a defendant who has undertaken to control people pr the property of another who is vulnerable: Kondis v State Transport Authority. The term non-delegable refers to the inability of the defendant to delegate liability, not the actual task: McDermid v Nash Dredging & Reclamation Co Ltd.

Employers

Employer owes a duty of care to employees and the duty is non-delegable: Kondis v State Transport Authority. If an employer owes a non-delegable duty, the employer will not be liable for the collateral negligence of its contractors: Padbury v Holliday & Greenwood Ltd.

It must be established that the work itself gave rise to the risk, if the orderniary performance of the work would not create a reasonably foreseeable risk to the plaintiff, the negligent performance of that work is generally not enough to impose liability. When the work is one of exceptional danger, the standard of care is increased: Burnie Port Authority v General Jones Pty Ltd.

Schools

School authorities owe a non-delegable duty of care to students: Commonwealth v Introvigne.

Hospitals

Hospitals owe a non-delegable duty to their patients: Samos v Repatriation Commission. The duty applies to not only residents of the hospital but also outpatients: Roe v Minister of Health.

No duty is owed if a specialist uses hospital’s facility for a private patient: Ellis v Wallsend District Hospital.

Occupier of premises

Owner of building owes duty for the occupier of the building: Burnie Port Authority v General Jones Pty Ltd.

Occupier of land need to ensure that animals on the property were properly contained: AD & SM McLean Pty Ltd v Meech.

Landlords

Duty of landlords is delegable. Duty imposed would be discharged upon delegation of a task to a competent party: Northern Sandblasting Pty Ltd v Harris

Characteristics of Non-delegable duty

The categories are not closed, if the special relationship can be argued to impose a special duty to ensure care is taken, the duty owed may be classified as non delegable in the circumstances: Keichhardt Municipal Council v Montgomery. However, the case failed in high court as the duty is found to be delegable.

Scope and breach of duty

If a duty is non-delegable, the defendant has a duty to ensure that reasonable care is taken: Kondis v State Transport Authority. If the duty is recognised as non-delegable and there is no evidence of fault on the part of the defendant, there is no liability: NSW v Lepore; Samin v QLD.

ANSWERING NON-DELEGABLE DUTY PROBLEM

1. Identify parties
2. Jurisdiction
3. Limitation (3 yrs)
4. Is there non-delegable duty?
   1. Recognised?
   2. If not, will it be recognised?
   3. If there is non-delegable duty, what is it? Ie. Duty to ensure care taken, cant be delegated etc.
   4. Has there been breach?
      1. Negligence of third party, or
      2. Negligence of person who owes the non-delegate duty.
   5. Damage
   6. Defences
   7. Remedies

Breach of Statutory Duties

Plaintiff must establish that a private cause of action in tort is available under the statute which the plaintiff claims the defendant breached causing the plaintiff harm: Josephson v Walker. The plaintiff must also establish that:

l   The statutory duty was imposed upon the defendant

l   The harm suffered by plaintiff was of a kind which the statute enacted to prevent.

l   The plaintiff was a person for whose protection the statute was enacted

l   The defendant breached the statutory duty

l   The plaintiff’s harm was caused, both factually and in law, by the defendant’s breach of statutory duty.

Typical case: O’Connor v S P Bray Ltd.

A private cause of action

Whether there is a private action = q of law: O’Connor v S P Bray Ltd.

Factors(P386):

l   Pre-existing state of the law and the legislative history of the statute in question

l   Whether the person upon whom the statutory duty is imposed already subject to a common law duty

l   The purpose and subject of the statute

l   The level of detail specified in the statute in regard to complying with the statutory duty. Eg ‘to take all practicable precautions’ was too broad and not specified: Storozuk v Commissioner for Railways

l   Whether the statute is intended to protect the public generically or a more specifically defined class of person. Low chance if it’s public: Schiliro v Peppercorn Child Care.

l   Weather the statute provides for a penalty to be imposed. If there isn’t there is strong inference that a civil action is available. If yes, there is a presumption that no other method of enforcement is available. The presumption can be rebutted.

n   The nature of damage for which penalties are imposed: Dairy Farmers Cooperative Ltd v Azar. Damage for property: Nalder v Commissioner of Railways. And PEL: Inland Revenue Commissioners v Goldblatt

n   The nature and adequacy of the penalties

n   The subject matter of statute

Delegated legislation such as “Award” that was empowered by another act does not cause private action: Byrne v Australian Airlines Ltd.

The duty was imposed on defendant

A person cannot maintain a civil action for breach of statutory duty unless the statute imposes the duty on the defendant: Darling Island Stevedoring & Lighterage Co Ltd v Long. In this case, the act is aimed at the person in charge of the ship, not his employer. Whether vicarious liability applies will depend on whether the statute specifies the persons upon whom the statutory duty is imposed, or leave open the class to include those are responsible for the conduct of others: Progress & Properties Ltd v Craft(Lift falling, sued operator and his employer).

The duty was intended to prevent that harm

A person cannot maintain a private action unless the damage is a kind which the statute intended to prevent: Gorris v Scott.

The plaintiff was a person for whose protection the statute was enacted

A civil action will not lie unless the plaintiff is one of the persons for whose protection the statute was passed: Lochgelly Iron and Coal Co Ltd v McMullan.

Breach of the statutory duty

The plaintiff must prove that the statutory duty is breached. This is a question regarding the construction of the state to determine whether a particular duty is absolute, involving strict liability or whether negligence must be proved:

Not absolute: Waugh v Kippen

Absolute: Galashiels Gas Co Ltd v O’Donnell.

Did the breach cause plaintiff’s injury?

Wrongful Death

Relatives can bring action for deceased: Supreme Court Act 1995 (QLD) s17

An action cannot be brought unless the deceased could have brought an action at the time of death: British Electric Railway Co v Gentile.

The deceased will not have right of action if:

l   The deceased voluntarily incurred the risk: Williams v Birmingham Battery and Metal Co

l   The deceased contracted out of the benefit: Birss v R

l   The deceased had accepted compensation before their death, thereby satisfying the cause of action through accord and satisfaction: Read v Great Eastern Railway Co.

l   The deceased recovered damages for personal injuries prior to death: Brunsden v Humphrey.

Causation

Both the injury and death must be caused by the defendant.

There must be evidence of dependency upon the deceased, not merely a relationship: Campbell v Li-Pina.

For claimants to child, it will fail unless the parents can prove that the child had made a contribution to the parents’ welfare and was exacted to continue such expectation. Taff Vale Railway Co v Jenkins

Damages that can be claimed

The loss must be more than nominal: Oym v Great Northern Ry Co, and not merely speculative: Barnett v Cohen. It can be pecuniary: Berry v Humm or non-pecuniary: McKenna v Avior Pty Ltd.

Assessment of damage p370

Limitation is from the date the action arose and is 3 years. LAA QLD

Survival of cause of action

Succession Act 1981 QLD s 66

Pecuniary Damages are awarded to compensate the pecuniary losses to the estate from the time of the injury until death. Therefore compensation is awarded for any medical, hospital, and related expenses incurred prior to death. In addition, the deceased lost of earning capacity until the date of death is compensated.

Limitation is 3 years

Private Nuisance

Private nuisance action is concerned with protecting a person’s right to the quiet use and enjoyment of their possession of land free from unreasonable interferences: Sedleigh-Denfield v O’Callagahan. The plaintiff must prove actual or impending damage to the possession of a recognised interest in land: Hunter v Canary Wharf Ltd.

Title to sue

-          Owner or tenant of the land: Malone v Laskey, owner or tenant’s family cannot sue: Oldham v Lawson. Plaintiff may sue in continuing interference which existed before taking possession of the land(permanent damage only): Bliss v Hall.

-

Other than quiet use of land the following also considerable:

-          Right of support of land: Sutherland Shire Council v Becker

-          Right of light: Colls v Home and Colonial Stores

-          No odour: St Helens Smelting Co v Tipping

-          No noise: Haddon v Lynch

-          Right of Air: Commonwealth v Registrar of Titles for Victoria.

-          Riparian rights: Grant Pastoral Co Pty Ltd v Thorpe’s Ltd

-          Right of way: Hender v Gohl

Recurrence

Not necessary recurring: British Celanese v Hunt. However, necessary if seeking injunction or relation to enjoyment of land: Chief Baron Pollock , Bamford v Turnley.

Who can be sued?

The occupier of the land causing nuisance can be sued: Laugher v Pointer. This also applies when the occupier gives consent to another person to do stuff on the land. The occupier will not be liable for nuisance created by a person without permission on the land: L’Estrange v Brisbane Gas Co.

Occupier will not be liable if he doesn’t know and doesn’t ought to know the nuisance: Torette House Pty Ltd v Berkman.

Situation will be different if the occupier has knowledge or ought to know the nuisance: Sedleigh-Denfield v O’Callagahan. Also liable if not step is taken to stop natural process: Owners of Strata Plan No 13218 v Woollahara Municipal Council.

Landlord and tenants

Landlord is only liable if authorised nuisance by tenants: Peden Pty Ltd v Bortolazzo.

A land lord might be liable if the nuisance existed before leased out: Roswell v Prior

Non-Occupier of land

A trespasser can be liable for nuisance created: Southport Corporation v Esso Petroleum Co Ltd.

Types actionable

Material damage to property

-          Nonfeasance: failure to act

-          Misfeasance: damage caused by plaintiff’s act

Interference with enjoyment

-          Must be both unreasonable and substantial interference: Munro v Southern Dairies Ltd.

n   Unreasonable:

u  Locality: activities may be reasonable in business area not in residential area: Sturges v Bridgeman

u  Time: loud noise may be unreasonable at night and reasonable during day: Halsey v Esso Petroleum Co Ltd.

u  Duration

u  Nature of the activities

u  Availability of alternatives

u  motive

Onus

Plaintiff has to establish interference

Defences

-          Statutory authorities

-          Plaintiff’s own fault

-          Prescription

-          Plaintiff’s abnormal sensitivity

-          Consent

Remedies

-          Self help

-          Injunction

-          Damages: damages to chattel

How the new technology impacts the world

Ever since electricity was first introduced, the total worldwide energy consumption has been increasing each year. Relevant issues such as global warming, fossil fuel depletion and energy security arise as the result of the overwhelming energy consumption. Making homes, vehicles, businesses and electronic devices more energy efficient has been a hot research topic. Some examples include car manufacturers introducing energy efficient vehicles and technology firms that introduce motherboards which can indirectly reduce carbon emissions. Energy conservation is now integrated into our everyday life. Energy conservation may result in increase of financial capital, environmental value, national security, personal security, and human comfort.

Let’s look at how we buy electricity today it’s like sticking to a budget in a store with no prices. Your electricity company sends you a bill at the end of the month with very few details. Most people don’t know how much electricity their appliances use, where in the house they are wasting electricity, or how much the bill might go up during different seasons. Currently, there is no applicable method for domestic households to effectively monitor their energy usage. No one would have any idea how much energy they have used before the electricity bill arrives. Individuals end up not being able to control their energy consumption accurately due to lack of measuring devices. Overuse of high power consumption appliances happens repetitively due to users not acknowledging its relatively high energy consumption.

Google sets its mission to “organize the world’s information and make it universally accessible and useful,” and they believe consumers have a right to detailed information about their home electricity use. With introduction to Google’s PowerMeter, energy conservation is said to come to a new generation. A famous quote from Lord Kelvin “If you cannot measure it, you cannot improve it” has been overwritten by Google’s “You can measure it, you can improve it”. Everyone can now make smart choices on electrical appliances, saving energy and money with minimum effort.

A wide range of access method is said to be available for Google’s PowerMeter, it can be accessed via several ways other than only on a local computer. Users can access the PowerMeter readings anywhere with internet, even on mobile phones. Action against unwanted energy spikes can now be handled and monitored in real time. Each household can effectively reduce their electricity usage by a significant amount when Google’s Powermeter is installed.

In conclusion, Google’s PowerMeter is a revolutionary product that plays a huge role in energy conservation. The employment of Google’s PowerMeter into domestic household should be implemented as soon as possible.

Sustainability of Google‘s PowerMeter

The general meaning of the term sustainability refers to the ability to maintain a certain state or process. Nevertheless, sustainability has become a complicated term that can be applied to almost every facet of life on Earth, particularly the many different levels of biological organization, such as; wetlands, prairies and forests and is expressed in human organization concepts, such as; eco-municipalities, sustainable cities, and human activities and disciplines, such as; sustainable agriculture, sustainable architecture and renewable energy. In information technology, it refers to how a technology sustains in the long run. This can include impact of waste management, recycling, future replacement, resource consumption, economy changes and culture changes on the technology. IT products with a long lifespan is said to have high sustainability and otherwise medium to short sustainability. Some products are said to be infinite sustainable because of their extra long lifespan.

Modern IT systems rely upon a complex mix of people, networks and hardware; therefore, green IT was introduce to address increasingly sophisticated problems. Green IT refers to energy efficiency regarding technology products, such as end user satisfaction, management restructuring, regulatory compliance, disposal of electronic waste, energy use, telecommuting, and return on investment. The goals are similar to green chemistry; reduce the use of hazardous materials, maximize energy efficiency during the product’s lifetime, and promote recyclability or biodegradability of defunct products and factory waste.

Google‘s PowerMeter should sustain as long as human employs electricity as the main source of energy. However, Google ‘s PowerMeter might no longer be needed if a way to generate unlimited electricity is discovered, i.e. solar panels with each house that are strong enough to cover electricity usage of each individual households. As the energy resource never runs out, the need to measure and control energy consumption would not be deemed necessary.

The wastes produced from Google’s Powermeter shouldn’t affect its sustainability, as there’s practically no waste generated from this technology. It is a very software-based product rather than hardware. As a general evaluation, the product Google’s PowerMeter has a high sustainability and should last through out generations.

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The Freljord is an unforgiving place, a mountainous land covered in snow and ice. Travel, especially in the winter, can be very dangerous. The elements often claim even those who have spent their entire lives there. The boy known as Nunu is one of those who fell prey to such tragedy. One day when he was a young child, Nunu rode on his father’s back as they returned from a trapping expedition in the mountains. An unexpected blizzard came upon them, forcing them to seek refuge in a cave. The tempest lasted for days. Nunu’s father had to leave to find food, but never returned. Eventually the blizzard cleared and the young child lay dying on the mountainside. Fortunately, this was the land of the yetis, powerful beasts with whom Nunu’s father had secured an arrangement for safe passage. A young yeti boy named Willump found Nunu and brought him home. From then on, Nunu was raised by the yetis. When the League of Legends was formed, the yetis knew they needed a champion. Riding his brother Willump, Nunu became that champion.

Ah yes, Nunu, one of the tank mages in the game. It is very hard to decide whether you would want to go full tank with Nunu or full AP. Although it is best to have a mix of both, in some games you have no choice but to go full out tank, and other games you have to go full AP. The thing that makes Nunu a hero is his ulti- the big white circle of rape. A very big problem with this ulti is that it requires a decent amount of thought process. This ulti need chanelling so you have to know when to hit it, otherwise you will just be stunned, prisoned or taunted out of it. The cooldown of the ulti is not that bad really, but it would not hurt to get just one cooldown reduction item. In some games, you would have to sacrifice yourself to be the focus of the other team when you pop your ulti. Other times, there are tanks that will drag the attention of the enemy and then you must rush in and ulti rape with a lot of AP. If your opposing team has a lot of crowd control heroes, it would be best to go more on tank. If the have just a couple, then going all out mage AP will really, really really hurt them. Mage, tank or both- that’s Nunu for you. Vlad IS  mage-tank- you, however, can choose.

Stats

Always remember that Nunu is support. There are some games where you just manage to rape and then you can pretty much become mage assassin. You rely on your abilities- your melee attack does almost no damage at all.  Your job is to increase your DPS’s attack and movement speed, ulti in groupfights, throw snowballs at any faggot escapers and eat minions. Pretty simplyeh?

Consume - The Yeti takes a bite out of target minion, dealing heavy damage to it and restoring his own health.

Takes a bite out of target minion, dealing 500/600/700/800/900 true damage and restoring 125/180/235/290/345 (+1) health.

Cost   60/60/60/60/60 Mana     Range 100

Well, you pretty much just eat a minion. You get back a decent amount of health and you deal a lot of damage to the minion. Very good for laning early on but pretty useless late game. Don’t forget to gobble up a minion nearby in a fight if you are low on health. Barely costs any mana mid to late game.

Blood Boil - Invigorates an allied unit and Nunu by heating their blood, increasing attack speed and movement speed.

Increases an allied unit’s attack speed by 25/35/45/55/65% and movement speed by 11/12.5/13/14.5/15% for 15 seconds. Nunu also gains the effects of Bloodboil if casted on an allied unit.

Cost   50/50/50/50/50 Mana    Range  700

If you got a DPS, spam this ability to him. Also use it frequently on yourself- it does not cost much to use, the bonus speed is a plus. But please prioritize this ability on a DPS instead of yourself- you are a tank.

Ice Blast - Nunu throws a ball of ice at an enemy unit, dealing damage and slowing their movement speed for 4 seconds.

Nunu throws a ball of ice at an enemy unit, dealing 85/130/175/225/275 (+1) magic damage and slowing their movement speed by 40/45/50/55/60% and attack speed by 25% for 4 seconds.

Cost   75/85/95/105/115 Mana    Range   550

Very very good for chasing down opponents. Another very good spam ability which only costs 115 mana at most. 40-60% slow is nothing to joke about; more so if it is for 4 seconds and only about a 6 second cooldown.

Absolute Zero - Nunu begins to sap the area of heat, gradually slowing all nearby enemies. When the ability ends, he deals massive damage to all enemies caught in the area.

While channeling for 3 seconds, slows nearby enemy units’ attack speed and movement speed. After channeling, enemies caught in the area are dealt 625/875/1125 (+2.5) magic damage.

Cost   150/150/150 Mana   Range  550

Damage is indeed massive- 1125 + whatever ability power you have*2.5. A full AP Nunu can pretty much nuke a tank down to nearly half health- for real. The bitchy thing is the 3 second channel. Time this ulti properly, making sure that you will not get out of its channel, and you will rape. Request allies to focus the attention of enemies or you use yourself to grab their attention. This is why you would have to be there every group fight, you will be very much needed. If you have a Galio on your team, then your ulti and his can pretty much nuke your enemies down to almost nothing; an Amumu would not be bad as well but then his ulti does no damage. Galio and Nunu- it cannot get any better than that.

Visionary - Nunu can cast a spell for free after 7 attacks.

Very useful- would ensure that you would never run out of mana. If you DO have mana problems, then something is really wrong with the way you are playing. Your first 2 abilities cost almost nothing and your next 2 don’t cost much at all. Moreover, if you have no mana and your visinoary is on- you can even cast your ulti. You should worry more about cooldown reduction for your snowball and for your ulti instead of mana- Nunu has plenty of mana to spare.

One more thing that you can do with Nunu is to jungle early on. With consume, you can heal yourself very often. Get consume as your first ability and then get a snowball and bloodboil. You can pretty much spam eating minions, snowballs and attack and movement speed. Make sure that you max out the snowball though so that they would hurt as they should come ganking time lvl6. Nunu is only second to Warwick when it comes to jungling early game- tied with Fiddlestix with Amumu in 4th place.

Items

Game’s recommended items

As you can see, pretty much a very tanky build. I would prefer having SOME ap so that you can actually HURT your opponents. However, as mentioned before, this is quite risky especially if you always get stunned the F*** out of it. Getting a purely tank build is the safest way to go and that’s why they are on recommended items. I prefer to have some fun and get a mix of tankiness and ability power, especially if you have Galio or Amumu on your team. After all, we do play for fun now don’t we?

Doran’s ring is a very good starting item. You would definitely have to sell this in the foreseeable future. Like I said, you should maximise your rune pages and get at 100 mana and the rest AP. This 100 mana is good enough to make sure that you still have enough left in you early on to make that one final ability count. The AP is so that your snowballs hurt. You can then get a Ruby Crystal for that extra health to make sure that you don’t die and then you can get your Banshees faster. I don’t recommend getting banshees first. Get the crystal then get  boots  and maybe save up for a giants belt or a Amplifying tome or a blasting wand if you can afford it. Then complete your treads so that you have that itty bit of magic resist on you. You might want to get sorcerer’s shoes if you already have a couple of hybrid tanks on your team. Finish up your catalyst before its passive becomes useless.

So you should have

which will build into banshees, ,  A belt , a tome and a blasting wand . If you pull of your ulti without any disturbance, this would be a better build for you instead of going all out tank. You can build the catalyst into banshees, the wand and the tome can be build into a void staff so that you can deal damage. You can then get another belt and build into Rylais scepter NOT for slow, which will not come in handy since your snowball and ulti are already natural slowers, but more importantly for the balance of health and AP. You can then build your other belt into sunfire and then get a guardian angel for good measure. The mana that you get from banshees if MORE than enough to sustain you the entire game. This would be the ideal build for Nunu, if you are able to handle your enemies crowd control abilities. Rylais is the most questionable item here because you are pretty much DO NOT need its passive, but it is the only item in the game that gives you a balance of health and AP- haunting guise is an early item which you would probably have to sell- so why waste the gold when you are in a rush for time.

If your enemies are heavy stunners and you get stunned too often doing your ulti- go for the full tank build. However, if they are not, take the risk with this build- where you can actually deal some damage.

Runes and Masteries- Runes should either be all AP, or with 100 mana so that you will not run out of snowballs early on. Masteries should be all utilities and the rest if defense.

Summoner spells- Flash would be very useful so that you can  blink to the middle of the teamfight and ulti- better with banshess so that the stunner who is gonna stun you becomes useless. Other would be cleanse to escape from anything.

Ability sequence- early laning would require E Q E W E R..then prioritize R E W Q, as your first ability become pretty much useless late game.

Get a galio to go with you and you will highly increase your chances of winning- nuff said.

As far as yordles are concerned, there is something slightly wrong with Teemo. While he enjoys – and in fact needs – the level of community and companionship inherent to all yordles, Teemo feels it so strongly that he ventures out on his own to destroy the enemies of Bandle City. There is something that switches off in Teemo, so that the lives he ends do not burden him. It seemed only logical to send him to fight in the League of Legends as the champion of Bandle City. He has taken to the League like a duck to water, seeking out the foes of the yordles and extinguishing them with the rare ajunta poison he personally gathers from the jungles of Kumungu. However, the limited company of his own kind wears on Teemo, and cracks are beginning to show in his innocent and chipper fade.

Teemo was arguably one of the most popular heroes when LoL started out. However, he has become less popular because he is pretty damn hard to play with. Do not be fooled by the immensely cute stature, laugh and voice, this dude is not that easy to play. Sure, his abilities are pretty straightforward but somehow, it is quite rare to find a real ownage teemo nowadays than in the days of yore. The one problem teemo has is that he is very susceptible to magic, especially from mages the likes or Ryze. However, Teemo is immensely fun to play with, and with the right skills, you can own.

Stats

Teemo is not that hard to play, but this is the one character with which you have to play with your brains. He is mainly a support character and would need a tank to do all the dirty work. He is not a fighter; he cannot really own 1 on 1 mid to late game, although he is a DPS’s worst nightmare early on. Lets take a look.

Dart - Obscures an enemy’s vision with a powerful venom, dealing damage to the target unit and causing all attacks to miss for the duration.

Deals 80/125/170/215/260 (+0.8) magic damage and causes the target to miss all of their attacks for 1.5/2/2.5/3/3.5 seconds.

Cost   70/80/90/100/110 Mana    Range 680

A decent blind, this was nerfed because the earlier one started with a 2 second blind and pretty much spelled rape for DPS like Ashe. The .5 difference makes it for viable for a decent fight. This Ability is not that great late game and is useless against mages. Early on against DPS you will almost definitely take them down to 10-15% health but it is really hard for you to finish them off, unlike some other heroes. You would need help from a teamate to be able to kill, remember you are this small thing that just keeps on shooting while nobody pays attention- and in a group fight, with all the effects and visual distractions, your small size really does help.

Move Quick - Teemo scampers around, increasing his movement speed until he is struck by an enemy champion or turret.

Toggle: Teemo’s movement speed is increased by 15/20/25/30/35% until he is struck by an enemy champion or turret.

Cost40 Mana to Activate     Range 20

Does not seem to be as useful as having a longer blind or more poison in your darts, but this ability is quite necessary. Coupled with boots of mobility, your speed becomes unmatchable, you are basically ghosting the whole time. However, with how the game is played nowadays, this ability’s usefulness would depend from game to game. Sure it would get to to places in less than half the time after a good team fight, but then you should be careful to not get hit by enemy champions., otherwise you are just as slow as other people. However, with this ability, you would not have to get teleport or ghost, and you can easily dump your mushrooms everywhere.

Toxic Shot - Each of Teemo’s attacks will poison the target, dealing damage each second for 4 seconds.

Teemo’s basic attacks poison their target, dealing 8/14/21/28/35 (+0.14) magical damage upon impact and again each second for 4 seconds.

Cost   Passive   Range 1

Pretty self-explanatory here. Really good for those enemies with really no health. However, not as effective as ignite. Still, you should be able to take your opponent down to almost nothing, so you can take something more useful than ignite.

Noxious Trap - Teemo places a explosive poisonous trap. If an enemy steps on the trap it will release a poisonous cloud, slowing enemies and damaging them over time.

Places a trap which detonates if an enemy steps on it, poisoning nearby enemies. Poisoned enemies take 350/500/650 (+0.8) magic damage and have their movement speed slowed by 30/40/50% for 4 seconds. Traps last 10 minutes.

Cost  75/100/125 Mana       Range  230

Yes, your mushrooms. Again, it may seem that this does not really help that much, but the initial intention of the game makers was to make this like a spam of vision wards. A good teemo would place these ALL OVER the place. Coupled with your speed, you can easily dump shrooms everywhere. This would give you a very good tactical advantage as you would know where your opponents are. the problem is that These shrooms do not deal that much damage, although it there is a slight chance that you will die stepping on one when you barely have any health left. You should either clump them up if you want to get the kill, or you can put them in places where you know that your opponents would not step on them; they will simply back off if they step on it. So, for example, when you want to dragon, you do not put it at the entrance to dragon where they would step on it and retreat. You put it at the side where they are unlikely to step on it, you then know where they are and then get your teammates ready for a rape gank. This is the reason it is his ulti, an unlimited spam of vision wards and tactical positional advantage.

Another way to use this ulti is to place it in the way of creeps. A couple of shrooms should be able to eradicate a whole group, giving you the gold for all of it. Remember, stepping on these shrooms slows you down-use that to your advantage.

Camouflage - If Teemo stands still and takes no actions for 3 seconds, he becomes stealthed indefinitely. After leaving stealth, Teemo gains the Element of Surprise, increasing his attack speed by 40% for 3 seconds.

Decent for running away or starting a gank. This used to be 5 seconds but then it was quite useless. Instead of fully running away from enemies, you can flash somewhere and then just sit pretty; they would not be able to find you. This is why teemo is quite hard to play, knowing when and how to use these simple passives can spell ownage for either you or your opponents.

Items

Recommended items

These are the game’s recommended items for teemo. I pretty much agree with all of them except the first two. Although for the ring you get mana regen, I would recommend to get a ruby crystal so that you would not have to sell the ring later on and so that you can build frozen mallet more quickly. You would have to rely on runes for the extra mana. I also do not recommend the boots of mobility because you already have more than enough speed with any normal boots plus your W ability. I would recommend mercury treads so that you have SOME magic resist and also have that 40% reduction on crowd control. Since you are weak against mages, this would be more useful and may prove the difference between you escaping with little health or dying. Moreover, your teammates would force you to group up, and rightly so, during the middle to later stages of the game. You would only need the speed to spam your ulti shrooms. The next item to get is the trickiest one of all- they are all needed for teemo. If you feel like you die a bit too fast or need extra health to stay in the battle field, then start off by building your ruby crystal into phage and getting a giants belt . Do not build it up into frozen mallet yet. Try and save up for a BF sword and a  and recurve bow . You can now choose whether you would want to build your mallet first or last whisper . After you build these two up, then go for a trinity force and then the bloodthirster. Frozen mallet should already be giving you enough health to survive. Just stack up attack damage from here on or get a banshees if the opposing team has a fed mage or has numerous crowd control abilities.

I do not recommend going AP with teemo since only your blind and ulti would benefit from it. The poison still does not do enough damage. In team fights, your ulti is pretty useless as you cannot nuke your opponent with it. Thus Attack Damage is the way to go and remember to use your ulti as enemy locators- place them everywhere so that you can bring your teammates for a good surprise gank.

Runes and Masteries- Stack up on Attack speed runes and mana runes- this should give you a decent 32% attack speed increase in the beginning and a good 100 mana for one ability. Stack up offensive masteries and whatever is remaining goes to defense.

Summoner Spells- Flash is really important for teemo and exhaust would be good since it is and extra blind&slow. Exhaust can be used to blind another champion while you blind the one your targeting.

Ability Sequence- Q, E Q W Q R …and then prioritize in this sequence- Q W R E..

Remember your job is to help gank. You are a counter for any DPS they may have but remember that mages can penetrate your anal cavity quite easily. Stay behind the tanks and tell your team to focus the DPS, as they become quite handicapped with your blind. Stay behind the lines.