Contributory negligence is not a complete affirmative defence. It is an ‘incomplete defence’ because it does not seek to absolve the defendant of all liability. By invoking Article 2179 (NCC)‚ the defendant accepts that the proximate cause of the injury was his act‚ but he seeks to lessen hisliability by proving that the plaintiff had failed to act in such a way that would have prevented a greater injury. If so‚ there is a need to present evidence of the plaintiff’s negligence—not as proximate cause
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Northwest Brands‚ Inc.‚ is a small business incorporated in Minnesota. It’s one class of stock is owned by twelve members of a single family. Ordinarily‚ corporate income is taxed at the corporate and shareholder levels. Is there a way for Northwest Brands to avoid this double-income taxation? Explain your answer. I believe so‚ the Northwest Brands can stay clear from double-income taxation by electing to be treated as an S corporation
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etc... Intellectual property can be created by you or you can pay someone to create it for you. Intellectual property is protected by trade secrets‚ patents‚ trademarks and copyright laws. Each of these laws covers a specific type of intellectual property. History of Intellectual Property Law Intellectual property law dates at least as far back as medieval Europe. In those times‚ “guilds‚” or associations of artisans in a particular industry‚ were granted authority by the governments to control the
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Legal studies Introduction Negligence is a failure to take reasonable care to avoid causing injury or loss to another person (Law Hand Book‚ 2013). Negligence can be used when a party has experienced loss or damage from the wrongful actions or omission to act of another individual. This principal can be found in The Civil Liability Act 2003(Qld). The following report will examine the tort of negligence While analyzing the case study of Mr. Jones vs Blue Board Production and will provide an evaluation
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Acme Fireworks Margaret E. Bridges Brian Lahargoue BUS 311 Business Law 1 Growing Acme Fireworks There is much to consider when expanding a business. How will you make‚ market‚ and distribute your product. Are you willing to take full liability for your product and understanding the legalities of what happens if your product is defective? Once that has been established‚ it’s important to make sure that your business dealings are in order. The strength of the contract and what
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remedy when there is no available remedy at law. Deals with fairness in justice‚ usually stemming from natural law. Injunctions‚ court orders‚ restraining order. Civil action. * Court of Law – “black letter law” you did or did not do something. * Legal action – action typically for money damages such as a tort or breach of contract action. Criminal charges. Sources of Contemporary Law * United States Constitution – supreme law of the land. Any law that conflicts with it is void.
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in the entertainment business providing models and dancers for the industry. In the meantime‚ they entered into a contract of employment with Tyra. Tyra is to act as their event manager. The terms of the contract states that Tyra will be paid RM10‚000 a month and will continue to work with the company once the company has been formed‚ for a period of three years. Three months later‚ a company known as CayoteUgly Bhd (CUB) was formed. CUB’s MOA expressly states that the business of the company is to
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CB561 Business Law Module Guide Campus: Medway Campus Terms: Autumn and Spring Level: 2/3 Credit: 30 Assessment: 70% Exam; 30% Coursework Convenor: Mrs Sue Tarrant Contact Hours 40 hours of lectures; 20 hours of seminars (approximately) Method of Assessment 30% coursework (1 timed assignment and 2 written assessments); 70% written examination Synopsis The law affects our lives in many ways. In the business world you will find that‚ amongst other things‚ it impacts on how businesses
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DISTINGUISH BETWEEN SALE AND AGREEMENT TO SELL DOCUMENTS OF TITLE TO GOODS CONDITIONS AND WARRANTIES DOCTRINE OF CAVEAT EMPTOR RIGHTS OF UNPAID SELLER DELIVERY – RULES REGARDING DELIVERY SALE BY AUCTION Introduction Originally‚ the law relating to sale of goods was contained in Chapter VII of the Indian Contract Act‚ 1872. The same was repealed and re-enacted by the Sale of Goods Act‚ III of 1930. Definition (Section 4) A contract of sale of goods is a contract whereby the seller
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Business Law 101 9A 4/19/2012 Chapter 4 – p99 Question: 4.5 Does Whittens “work: satisfy the requirements for a claim grounded on negligence? Yes‚ the plaintiff alleging claims that Whitten’s work was “substandard‚ not to code‚ unsafe and not done in a [workmanlike] manner. Whitten failed to act with duty of care and breached his contract by doing bad work. The tort of negligence occurs when someone suffers injury because another’s failure to live up to a required duty of care. Negligence
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