deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. actual malice is required to establish defamation against public figures. appropriation In tort law‚ the use by one person of another person’s name‚ likeness‚ or other identifying characteristic without permission and for the benefit of the user. assault any word or action intended to make another person fearful of immediate physical harm—a reasonably
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Question 1 Explain in which way an agency may be terminated by operation of law. (3marks) Answer: An agency is created by express appointment when the principal appoints the agent by express agreement with agent. This express agreement may be an oral or written agreement between the principal and the agent. There are four factors can cause the termination by operation of law. i. Agency is terminated by frustration In Marshall v Glanvill‚ Glanvill who is a firm of drapers appoints
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Case Study 4.7 1. Assume you were the member of the panel that presided over the academic misconduct hearing involving Zane Cobin. Given just the information provided in the case‚ how would you have voted at the conclusion of the hearing? Defend your answer. Answer: If I were one of the members in the panel at the conclusion of the hearing I would acquit vote for Corbin. Cobin shows a lot of efforts in order to win the up church medal. . 2. Again‚ assume you were a member of
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Legal stability helps ensure that citizens and businesses can manage their affairs efficiently (Lindquist & Cross‚ 2010). The order of the legal system helps to guarantee that all cases will be heard equally. Legislatures create laws that protect citizens and business‚ and when these laws are broken‚ the court system is used to reprimand the offenders. The court system is organized into two court structures‚ the federal system and state system (Kubasek‚ Brennan‚ & Browne 2009). There is a specific
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other law‚ or by order of the court. The maximum penalty is disbarment. 4- Under what circumstances should a lawyer terminate his representation of a client? If the representation will result in violation of the Georgia Rules of Professional Conduct or other law‚ the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client‚ or the lawyer is discharged. 5- What does it mean for a lawyer to act as an advisor? A lawyer may refer not only to law but to
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Impact of Different Types of Contracts The agreement was binding. The Court of Appeal distinguished the case of Balfour v Balfour (HPH 202) on the grounds that the parties were separated. Where spouses have separated it is generally considered that they do intend to be bound by their agreements. The written agreement signed was further evidence of an intention to be bound.. In this case of husband and wife is a domestic agreement‚ they jointly owned a house. Husband left to live with another
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if management thinks it’s warranted.” Profits remain high‚ but no bonus is paid. If the employees sue‚ would a court enforce the promise? The fact that a promise has been made does not mean the promise can or will be enforced. Under the common law‚ a primary basis for the enforcement of promises is consideration. Consideration usually is defined as the value (such as cash) given in return for a promise (in a bilateral contract) or in return for a performance (in a unilateral contract) Something
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Sterling computer has entered into a partnership with NoBugs a microchip processing computer. The collaboration was developing into a something successful until an incident put a strain in the business relationship. Some month ago Sterling computer has had several of their computers explode shortly after customers install them. Upon an investigation which was conducted by Sterling researchers have discovered evidence of NoBugs’s microchips aggravating a dormant defect in their computers‚ causing
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ii. Stakeholder One: Congress (Democratic Party) Since Democratic Party is the one who proposed this law‚ most Democratic senators supported the medical device tax law. Obviously‚ this law will make the implementation of Affordable Care Act become more easier. The Affordable Care Act will be successfully only when government has enough money. Moreover‚ although many medical device manufacturers asserted that this tax is harmful to their businesses‚ these senators think that this tax just a small
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Question 1 The issue of this question is whether Scott and Kyle can bring legal action against Wayne for what they feel is a breach of contract. Under the law governing offer and acceptance‚ a valid offer has been made through an advertisement. In order for an offer to be accepted‚ the party must entirely accept the offer. The rules governing acceptance has to be positive not passive. Silence does not forms acceptance. The general rule of acceptance is that the acceptance must be received by
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