is to decide whether the defendant owe a duty of care to the plaintiff. The defendant is obliged to take reasonable care to its neighbor. Neighbors are persons who are so closely and directly affected by ma act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question: Donoghue v Stevenson. Thus‚ the damages occurred must be reasonably foreseeable. In this case‚ MHRC and James are neighbors since they
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‘The director of a company owes a fiduciary duty to the company’. Do you agree with this statement? Introduction A company is a distinct legal entity created by statute. Companies have many of the same legal rights and obligations as do individuals. They can own and sell property‚ they can hold profits or acquire debts‚ they can enter into contracts and sue or be sued‚ and governments can tax them. Companies are advantageous primarily because they become legal entities that are separate and
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Achem Pte Ltd (Achem) was in the business of trading in industrial chemicals. The company was founded by Heng and Tan. Both were directors and shareholders of the company. Other than Heng and Tan‚ the other shareholders include Heng’s and Tan’s relatives and some of these relatives were also employees of Achem. Employee turnover was low and every employee was treated as part of one big family. After several years‚ Tan decided to sell his 55% stake in Achem to Union Pte Ltd (Union) because he
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“Most Companies Acts of the region contain a provision requiring directors have to regard to the “interests of company employees in general”. Seemingly introducing a new stakeholder philosophy into company law‚ the precise import and significance of such a requirement remains a mystery.” Discuss. Introduction Company directors are like the shepherds who always try to convince the sheep that their interests and his are one and the same. Alolf Berle and Gardiner Means in Modern Corporation
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elements she will need to prove that she is not guilty is Duty‚ Breach‚ Cause‚ and Harm In this case‚ Patty who would be consider the plaintiff owes the defendant (security guard) nothing at all. She did what any other normal person would do‚ which was leave the store in a hurry due to the fact she had someone important to be. The second tort claim would be breach. A breach is a violation of a law or duty. The defendant must breach his duty to be liable for negligence. In this Patty
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3.3 Contractual Duties: Breach The agreement also was premised one of the main issues regarding the relationship between banks and its potential customers. In such circumstances it is well-known that a number of statutory procurements has been established in order to ensure premium shopper with an exact termination purpose and in regards to the inequalities of the bartering power of the banks. Moreover‚ this statutory procurements are able to save any kind of injurious tern might influence the enthusiasm
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because of the aftermath of the 2013 data breach which affected up to 70 million consumers personal information (Riley et al.‚ 2014). Most of which could have been prevented if they had the principle managerial functions in place. CEO Greg Steinhafel lacked in many of these areas to which led to his ouster at Target. Greg Steinhafel made many bad decisions during his time‚ whether it is a botched expansion into Canada‚ or the mishaps before and after the data breach in 2013 (Reisinger‚ 2014). Before the
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Bobby Rushton Duties and Responsibilities of the Athletic Director: New Canaan Athletic Dept. Mission Statement: NCHS Athletics strives for excellence by providing opportunities for student athletes to participate in programs that are designed to develop meaningful standards of athletic performance‚ leadership‚ commitment to one’s team‚ critical thinking‚ problem solving‚ self-discipline‚ self-confidence‚ scholarship‚ community service and relations and appropriate conduct within the educational
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Did Win breach his fiduciary duty to Hailey? Fiduciary Duty Cal Family Code § 721 A husband and wife owe to each other a duty of highest good faith and fair dealing‚ and neither shall take any unfair advantage of the other. The duty is including but not limited to‚ providing each spouse access to records regarding transactions and accounting information‚ concerning the community property. Cal Family Code § 1100 (e) Each spouse has an obligation with respect to the management and control of the
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TJMaxx System Breach Cormalita Uzzell 319/CIS May 6‚ 2013 Christopher Canter In January 2007‚ TJX Companies‚ Inc. issued a press release announcing that its computer systems had been breached and customer information had been stolen. Reports estimated at least 94 million Visa and MasterCard accounts had been compromised‚ with losses projected at $4.5 billion. What happened to cause the companies breach? What did the company do to insure that this would not happen again? Perhaps the company
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