Case Study Case 1 A Sydney tramway passenger was injured in a collision with another tram‚ which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as ‘dead man’s handle’‚ a system in use on Sydney’s trains. This would have stopped the tram and avoided the accident. The device had been rejected by the tramway authorities because it was felt that it could cause drivers
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BROKAW v. WINFIELD MT UNION COMMUNITY SCHOOL DISTRICT BUSINESS LAW 211 A tort is a civil wrong or injury other than breach of contract. A court will provide a solution or action for damages. Sometimes an individual may commit what is considered an assault. A situation involved this athletic event where the tort occurred during the course of play before the whistle has blown. This behavior may result in a penalty and a suspension‚ but it is not compensable by means of the civil liability way
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Drake and Keeler employer could argue the employment-at-will law was the reason for their discharge. According to Lisa Guerin‚ if Drake and Keeler are employed as at-will employees‚ then his or her employer does not need to have a good cause to fire him or her. In fact‚ if Drake and Keeler employer did not make it clear as to what kind of employee he or she was‚ then according to the law he or she is presumed to be hired as at-will. The only way Drake and Keeler can avoid being an at-will employee
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client. He would like to claim for such economic loss of $50‚000. In addition‚ Peter expects to claim for medical expenses of $10‚000 and loss of income of $20‚000 for the duration of the injury. REQUIRED: Advise Peter of his legal rights under the law of torts. (Maximum word length: 1‚000 words) Question 2 (10 marks) On Monday‚ Aaron wrote a letter to Ben offering 300 bags of cement at $100 per bag. On Wednesday‚ Ben received the letter of offer from Aaron and posted a reply letter to Aaron in
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is binding on you the minority shareholder whether you like it or not it is they who control the company ultimately. However Bev and Bob you can take representative action against the Anderson’s for fraud committed against you Bev and Bob as in the case Eastmanco. Ltd. V Greater London where they stultify the purpose for which the company was formed and deprive you the minority shareholder of your existing prospects of obtaining votes. Being a member of ABC Ltd. you can bring representative action
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Project Plan A tourist bureau has asked one of their employees Matthew Law to collect and organise data on Australia’s Beaches. A solution must be developed for Matthew so that each beach can be given a surf rating and can also be rated on its facilities. Through a questionnaire Matthew is to collect and organise data on Australian beaches. System development Cycle stages: A. Understanding the Problem Data was collected and stored about Australian beaches during the data collection process where
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The meeting started at 7:00 pm. The meeting did not start with the pledge‚ Sunshine Law‚ or a prayer. Instead‚ it started when Mayor Sandham walked in and sat down at the head of the table. This meeting was called the open space meeting‚ where the Montville Township Committee‚ Open Space Committee‚ and volunteers attended. This meeting was addressing the issues of JIF‚ an insurance company‚ requiring a waiver to use tools while blazing hiking trails in Pyramid and Turkey Mountain. The need to sign
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original contract was agreed upon does not equate to fresh consideration. As addressed in Roscorla v Thomas‚ assurance was given after the contract was agreed upon and therefore‚ the plaintiff was unsuccessful in court. The same would apply to Bonnie’s case.
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A. Known Facts John wanted to extend his house and built an office from there. He approached Sue after locating an advertisement from the Yellow Pages. As Sue’s price did not seem reasonable‚ John then approached Drawit Pty Ltd‚ which charged a hundred dollar less. John paid a deposit. Later‚ John went to Franks Hardware and Timber Yard. He made known to Frank‚ the sole proprietor‚ the purpose and requirement of the materials and placed an order. John signed a standard form contract
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Commercial Code (UCC) Article 2‚ unless omitted or changed‚ the sale of any goods suggests a warranty by the seller that the goods are of reasonable and average quality. Also that it is fit for the ordinary purposes that the goods are to be used. In this case‚ because the car dealer has omitted personal injuries caused by the car‚ from the warranty provided to Raymond‚ the car dealer would be able to enforce the disclaimer against Raymond Smith. But since Raymond was simply driving the vehicle under ordinary
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