"Apply the elements of the tort of negligence and defences in different business situations using the scenarios given below" Essays and Research Papers

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    There are at least six different types of business you could choose to start: 1. Sole trader – the oldest form of trading there is‚ it’s also the simplest and the most common type of business you’ll find. The clue is in the name – meaning that you are solely responsible for everything the business does and you’re often known as the proprietor. This is the usual form for small shops and businesses that provide services such as beauticians‚ hairdressers‚ photographers‚ gardeners and so on. When

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    Coastal Defences

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    Sea Walls are an example of Happisburgh’s coastal defences. They reflect the energy of the waves back into the sea and work best at high tide. But as the wave backwashes; it erodes the base of the wall. This area weakens and could eventually collapse A sea wall will be necessary at a large beach‚ as the sea wall will come into actions during high tides and storm surges Cost= £2000-£5000 per metre Timber Groynes are mainly used to act against long-shore drift. They do this by interrupting the sediment’s

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    Torts 1 Outline

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    Tort Law Generally Standard of Care * (SoC) -Harm is required for a tort & is about vindicating individual rights & redressing private harms Motion to Dismiss/Demurrer: Filed by ∆‚ says to the judge that even if all the facts are taken as true‚ there’s no case Motion for Sum Judg: Usually motion by ∆‚ submit mostly after new facts arise from disco; filed w/ notion that facts are undisputed & that legal rules applied to facts would find for moving party (judge only) Object to Evidence & Offer

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    Tort

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    clear up any future confusion. Case Questions 1. What objective evidence was there to support the defendants’ contention that they were just kidding when they agreed to sell the farm? There is no objective evidence that this was a joke. Many business deals are transacted in a bar while drinking. The defendants’ did not outwardly make it know that they were kidding‚ the husband even whispered to his wife. 2. Suppose the defendants really did think the whole thing was a kind of joke. Would

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    Negligence Paper

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    Negligence Paper Wrong site surgery has become a frequent incident in health care facilities across the nation. “Research in the US has suggested that wrong site surgery happens every 5-10 years‚ or one in 112‚994 cases” (Edwards‚ 2008‚ p. 168). Recent studies have shown that despite the focus by governing bodies over wrong site surgery in the past few years‚ wrong site surgery continues to happen at an alarming rate of 40 times per week in the United States alone (“Wrong-site surgery still happens

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    Tort Assignment 1

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    Torts Assignment 2011 Semester 2 Fred v Ivan- Battery Battery is committed when there is an intentional‚ direct‚ and unlawful contact or without consent to another’s person. Ivan intentionally made unlawful contact with Fred when he thrust his hands into Fred’s pocket. It was apparent that although the contact was with his pants’ pocket rather than directly to the body‚ the contact did involve some element of forces and that ‘the least touching of another in anger is battery’. Hence‚ the element

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    Police Negligence and Liability 1 Running Head: Police Neglect/Liability Police Negligence and Liability Police Negligence and Liability 2 Abstract The purpose of this paper is to examine factors involved in police negligence and the extent of liability the officers hold. Are police officers held accountable for their misjudgments or reckless behavior when they are at fault? This paper exams relevant cases in which police officers have been

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    Malice in Law of Torts

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    MALICE IN THE LAW OF TORTS I MR. JUBTICE MCCARDIoEn ce complained about the word “ malice ” that it had been the subject of “ a regrettable exuberance of definition.”’ There can be little doubt that this complaint was justified. Despite the well-known division and discussion by Bayley J. of “ malice in fact ” and “ malice in law‚” ’ which can be taken as the starting point of modern analysis of malice‚ other judges have not hesitated to enlarge upon the possible meanings of malice‚ until

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    There are many different scenarios that we face in daily life. A lot of times‚ those scenarios are insignificant and it really does not matter how they turn out and what decisions you happen to make will not really have that much of a significant bearing on your life. However; there are some scenarios that occur by certain choices that we make that could possibly end in very serious‚ and sometimes even legal‚ consequences. In this paper‚ I will discuss three different scenarios and the possible

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    as an industry there is rush of private financers and corporate business units with no medical backgrounds. In the wake of this change the medical professional is becoming totally commercialized and a money generating unit. This change in the industrial sector starts reflecting in shifting the image of the doctor from ethical duty bound personality to a business person in the society. Thus‚ leading to see

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