QWeek 2 Question One: What are the elements of negligence? How does an intentional tort differ from negligence? Provide examples. How does the strict liability doctrine apply to the practice of accounting? Provide examples. Key elements of negligence: Duty of Care: This element is about the care and concern that every human being with a sound and rational mind should show towards their fellow human beings. Breach of Duty: failing to meet your agreed upon obligations Harm: Causing harm or damage
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policy‚ together with the Newark Firefighters Union and the Newark Fire Officers Union‚ brought action against the City of Newark. Issue: Did the City of Newark violate the Equal Protection Clause; Title VII of the Civil Rights Act of 1964 and the New Jersey Civil Rights Act. Rule: Equal Protection Clause Analysis: The city argues that it has three somewhat interwoven compelling interests in implementing the diversity policy. First‚ it argues that is has a compelling interest in eliminating de
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Kyrie Irving Dr. Gharbegain Rwad 3/22/12 Despite the fact that lying is harmful in various ways‚ at some point in each of our lives we have lied‚ some may be more than other but we all tell a little lie once in a while. In the article ’’Lying’’ Tim Mazur talks about the possible consequences that one can for lying and also mention various reason what may cause some to lie. Tim Mazur believes people lie to maintain relationships‚ please others‚ avoid awardness and punishment. From my perspective
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formal. At other points in this essay‚ the tone is informal and somewhat persuasive. "Thirteen families sued the Topeka school board‚ claiming that to segregate children was harmful to the children and‚ therefore‚ a violation of the equal protection clause of the Fourteenth Amendment." This is an example of a formal tone in the essay because it discusses how African Americans were fighting for their rights and
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Has WIRETIME‚ Inc. committed any torts? If so‚ explain. Because Janet resigned and accepted the offer of WIRETIME‚ Inc. she committed a tort. A non-compete clause is a serious contract that can lead to severe punishment and fines. No matter if Janet was fired or if she quit‚ if she works for a competitor within the 2-year non-compete clause contract‚ illegal action has been committed and she will be punished one way or the other. If she would of resigned‚ and then waited 2 years to employee with
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According to an article written in the New York times titled “When the Guy Making Your Sandwich Has a Noncompete Clause” Jimmy john’s is a 2‚000 location sandwich business that hires little to no skill
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Many employers now require that employees‚ as a condition of being hired‚ sign employment contracts that contain non-compete or non-solicitation provisions. A non-compete provision prohibits the employee from starting a business in competition with their current employer (or perhaps also prohibiting the employee from going to work for a close competitor). A non-solicitation provision prohibits the employee from contacting the customers of the employer in hopes of taking their business away from the
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than the wishes of the majority. I believe that the wishes of the majority are more important than those of the individual. A strong‚ central government should be involved in unifying the American people as one. 2. Citing the Necessary and Proper Clause of the Constitution‚ Congress has decided to make a national system of education. What are your feelings about this? To better the country‚ it is “necessary and proper” to establish a national system of education. The Constitution should be interpreted
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violence. Listening to him and understanding our company point of view about recruiting the chemist within my group. Clarifying it may be a critical error because he did not sign a non-disclosure agreement and maybe he had a non-compete agreement/clause with the former employer. Remembering him with Pepsi cola experience when Quaker’s new firm competitors hire a high level executive was working in Pepsi to operate with them
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of Restrictive Covenant‚ a clause that adds limitations to the employment or sale contract. These agreements protect the business by restricting the other party from performing similar work for a specific period of time within a certain geographical area. First used in the nineteenth century‚ and common today in certain professions‚ noncompete agreements sometimes have an uncertain legal status. Courts do not always uphold them. Generally‚ courts evaluate such clauses for their reasonableness to
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