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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Business Law - Exam #2 - Chapters 5-7 True/False Indicate whether the sentence or statement is true or false. _T___ 1. Some torts are crimes. __F__ 2. The victim must actually suffer offensive contact before he or she can succeed in a cause of action for assault. __T__ 3. A battery occurs only if the victim suffers actual physical harm. __T__ 4. Slander involves the oral communication of defamatory language. __T__ 5. Oral defamatory statements must be communicated to a third party
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Ch. 7: Negligence: Elements of a claim: 1. D owed a duty of care to the P 2. breached that duty 3. Breach was the actual & proximate cause of the injury. Duty & Breach of Duty: 1. Person must act as a reasonable person would’ve in the situation 2. P must establish that defendant failed to act as a reasonable person would’ve 3. Defendant owed duty to plaintiff if he was among those who would foreseeably be at risk of harm from the behavior 4.Breach of duty: actions compared to those of a reasonable
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1. What is law? (There are 6 functions) A body of rules of action or conduct prescribed by controlling authority. Six functions: keep the peace‚ maintain the status quo‚ preserve individual rights‚ protect minorities against majority‚ promote social justice and provide for orderly social change. 2. What does jurisprudence mean? What does common law mean? Jurisprudence is the philosophy of law. Common law is judicial decisions that don’t involve interpretations of statutes‚ treaties‚ regulations
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agreement is made when there is an offer with the intent to be bound by the offer‚ reasonably definite terms‚ and communication of offer to offeree by offeror. The offer could be terminated either by revocation‚ rejection‚ expiration‚ or operation of law. Brian can argue that there was no agreement to begin with‚ and thus there was no contract. There was no offer made (the advertisement in the LA Times for the seminar was not an offer but an “invitation to negotiation”)‚ and reasonably definite terms
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AB1301 Business Law 2012/13 Semester 1 TABLE OF CONTENTS CHAPTER 3: OFFER AND ACCEPTANCE ........................................................................................... 1 3.1 Offer ........................................................................................................................................... 2 3.2 Acceptance ................................................................................................................................ 3 3.1 Electronic
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an offer. According to section 13‚ "Tow or more persons are said to consent when they agree upon the same thing in the same thing in same sense." Thus‚ consent involves identity of minds in respect of the subject matter of the contract. In English Law‚ this is called ’consensus-ad-idem’. Contract act sec 14‚ is the which has been obtained by the free will of the parties. No pressure in the form of coercion fraud undue influence‚ mistake and misrepresentation in
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Negligence: The duty of care Introduction The tort of negligence has a role in providing compensation for those who have suffered through the actions of another. A negligent act can be summarised as failing to do something that should be done or doing something that should be carried out in another manner or not at all. When determining if an act is negligent‚ a number of basic principles are called upon in order to establish whether a duty of care is owed and if so‚ by whom. Reasonable Man In
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Medical Negligence‚ Malpractices‚ Law and Bangladesh Perspective Back in 1992 there were hardly any private medical hospitals in Bangladesh. Standard of medical treatments were comparatively lower than now it is but it was at least at the standard as expected from the available expertise and technologies. This is 2012‚ and it is expected that the standard of medical treatment would grow up significantly. During 80’s- 90’s we used to see news of malpractices of so called ‘doctor’ only in villages
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Law firms are usually hesitant to take on clinical negligence cases as they would incur very large pre-action costs before the likelihood of the success of the claim can even be determined. Therefore‚ many claimants are usually unable to make an SFA with a solicitor‚ especially if the claim is of low value. Therefore‚ many claimants are unable to purse their claim and have no access to
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