AND CONTRACT LIABILITIES AND WAYS TO AVOID THEM Potential Torts and Contract Liabilities And Different Ways to Avoid Them Abstract People who do business as a sole proprietor or in a partnership are liable for the torts committed by them and for torts committed by the business and its agents. The best way to avoid tort liability is to set establish their business as a corporation or a limited liability company. A corporation or limited liability company will
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------------------------------------------------- Mens Rea (Blameworthiness) Introduction Duff = “responsibility is a necessary but not a sufficient condition of liability” An actor is responsible when they are sufficiently blameworthy in causing the harm or committing the wrong = we blame those who have control over their actions (committing a crime is a mental process) * MR is the guilty mind. Note that it is not necessarily a moral/culpable judgment‚ and there can be involuntary MR e.g.
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July 4‚ 2012 BAM530 Business Ethics Unit 3 Question #3: Evaluate the concept of strict liability. Strict liability is the legal responsibility levied on a person or company for certain damages or injury even if they were not at fault. Strict liability can even apply even if the person or company did not physically commit any act to cause the actual injury. Corporations can be held liable for the defects of their product even if they did not know about the problem or harm
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The alternative liability theory is most often used when two or more tortfeasors simultaneously commit independent acts of negligence‚ but only one act causes the injury‚ the plaintiff is then relieved from the burden of proof with respect to causation‚ and may sue both tortfeasors without direct proof of causation. However‚ the burden thus shifts to the defendant to exculpate them. Otherwise‚ defendants will be held joint and severally liable. In addition‚ the alternative liability theory has a
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1. Why do their members deserve limited liability? Is it fair that LLCs do not pay income taxes? A small business deserve limited liability because it’s used like a risk protection for their business as well as the owners. “It allows owners‚ called members‚ to have limited liability just like corporations’ (Lau‚ 2012‚ p. 367). There are so many new incorporated business laws that a business have to face on a daily basic. LLCs helps small businesses with the amount of liability that they face by decreasing
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Even though the teachers were outside with the students‚ their attention was not fully present. They can be liable for a breach of duty‚" based on the nature of the activity for which the educator is held responsible. Different activities require different levels of supervision" (Essex‚ 2012‚ p. 171). What factors will determine liability? The factors that will determine if the teachers are liable is if the incident was unforeseen and if the teacher was supervising the students as required
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Criminal Law and Criminal Procedure Course Assignment 23 November 2012 Guidance Note Q.1. Chan Faat has an argument with his father during dinner. They are both drinking beer. Chan Faat drinks about six bottles of beer during dinner. They start arguing about a recent football match which they had been watching. Chan Faat becomes very angry and hits his father on the head with his beer glass. The glass breaks and cuts the father above the left eye causing slight bleeding. Chan’s father goes
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Topic: Liability of Promoters During Pre-incorporation contracts Table of Contents Introduction 3 Research Methodology 6 Research Questions 7 Chapter 1: Promoters and Pre-incorporation Contracts 8 Chapter 2: Fiduciary duty of the promoter 11 Chapter 3: Breach of the pre-incorporation contract and the Liability of Promoters 13 Conclusion 19 Bibliography 20 Introduction A company is an entity which is recognized and created by the law. It can only contract when the law deems it to come into
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As a result of Lydia’s actions‚ Danielle and Gemma have died. Therefore‚ the extent of Lydia’s criminal liability for their deaths must be explored. Lydia’s culpability for their Murders must be explored before lesser offences of manslaughter can be considered. The majority of law pertaining to Murder is found in the Common Law‚ rather than being defined in statutes like a great deal of criminal offences. Murder‚ as defined by Lord Coke‚ is when a man of “sound memory” at the age of “discretion”
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Compare and contrast Language Objectives: Identify and practice comparative language in three forms: comparatives & superlatives‚ similarities‚ sentence connectors Form One: *Comparatives & superlatives 1. Text A is longer than text B 2. Text C is the longest 3. Text A is more informal 4. Text B uses more difficult language 5. Text C is the most academic *See appendix A for grammar rules Form Two Similarities – both‚ each‚ either and neither Text A and text B are both published online Both
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