their decision unanimous? 5. Ratio/Principles Applied = what principles of law did the court lay down as the basis for deciding the case? Were there any qualifications or restrictions or dissensions to the principles stated by the court? 6. Reasoning = what was the underlying rationale given by the court for adopting the principle or principles which it applied? 7. Critique of the Case = Is the case still good law? To what extent has it been interpreted/applied in subsequent cases? Has it
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and consent by the other so to act”. A party who employs another person to act in his behalf and subject is called a Principal. A party who agrees to act on behalf of another is called an Agent. Agency is governed by a large body of common law known as agency law. Eg: A real estate broker who is employed to sell a house. 2. What are the duties of a Principal to its Agent? A Principal owes following duties to its agent: * Duty to compensate: A principal owes a duty to compensate an agent
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Three Ways Medical Negligence Can Lead to Injuries to a Baby or a Mother Birth injuries to a child or the mother can happen through no one’s fault‚ but there are situations where an injury could have been prevented. Through negligence on the part of a doctor or hospital staff‚ a child is harmed. This injury can have an impact throughout the child’s life. A parent may be entitled to compensation for the increased medical and child care expenses due to this injury. The following are three situations
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MANDATES Piec vs. Caisse d’economie polonaise (p. 59) (MIDTERM 2) Grandma = Stephania Wojcicka Bad Boy = nephew Tadeusz Wojcicki Niece (Margaret Wojcicka) is executor of will |Facts |Three mandates: | | |Gma goes on extended trip‚ gives power of attorney for banking matters to Bad Boy | | |Niece has
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TABLE OF CONTENTS INTRODUCTION This assignment will strive to outline points of law including identifying key vitiating factors‚ including duress and undue influence and illegality as well as forms of discharge of a contract and remedies for that. It will also apply these laws to the cases provided to illustrate the application of these laws. Vitiating factors represent some sort of defect in the formation of the contract. Examples of this are that the contract is based
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Negligence‚ duty and Breach of Duty. To constitute a legal action against some one’s negligence‚ several requirements to be fulfilled. First one is that there must exist some duty of care towards the plaintiff by the defendant. The second one is that the defendant should breach such duty of care imposed on him. The third one is that the negligence done by the defendant should be the cause of the harm resulted to the plaintiff. The fourth one is that the harm should have some monetary value.
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appropriate medications and councils patients regarding their medications. Occasionally‚ there are cases where pharmacists are held liable for negligence by dispensing improper dosage of medication prescribed by the doctor or may have written the wrong instructions to go with the medication. Being an important role in the health care industry‚ pharmacist negligence could cause a patient detrimental harm‚ such as; allergic reaction‚ sever health risks‚ or even death. Therefore‚ it is very important for
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When it comes down to the basics strict liability actions and negligence actions go hand and hand. When the elements and defenses come into play the actions may differ‚ however‚ where one might not apply the other might apply depending on the extent of care taken by the tortfeasor. Negligence is defined as the failure to exercise reasonable care to avoid injuring others or the property belonging to others. This would be if somebody does not exercise the amount of care that a reasonable careful
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Employment Law: Employment Rights Essay Semester II Assignment Alan O’ Mahony – 09684905 Critically evaluate the effectiveness of the relevant provisions of the Employment Equality Acts 1998-2011 (and their predecessors) in eliminating pay discrimination on the ground of gender within the workplace and thus reducing the gender pay gap. __________________________________________________________________________ Traditionally gender discrimination was rife and accepted in most aspects of society
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In my opinion‚ Tort reform will benefit both the patients and the medical practitioners‚ but it is more favorable for clinicians and health providers. It will benefit the patients because of its promised to reduced health care cost and better health care access. Tort reform has the potential to attract more physicians to continue their practice. According to the report‚ through tort reform‚ patients have greater access to specialists in high-risk fields of medicine‚ and more emergency room doctors
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