Doctrine: Limitations in Establishing Corporate Criminal Liability The identification doctrine is the traditional method by which companies are held liable under the principles of the common law. According to this theory‚ the solution for the problem of attributing the unlawful acts to a corporation for offences that require intention was to merge the identified individual with the corporation. For the purpose of establishing corporate liability‚ a company may be responsible for the wrongful acts of
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Adams v Lindsell (1818) The defendant wrote to the claimant offering to sell them some wool and asking for a reply ’in the course of post’. The letter was delayed in the post. On receiving the letter the claimant posted a letter of acceptance the same day. However‚ due to the delay the defendant’s had assumed the claimant was not interested in the wool and sold it on to a third party. The claimant sued for breach of contract. Held: There was a valid contract which came in to existence the moment
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* Intentional Torts – involve intentional‚ rather than merely careless conduct; assault/battery‚ invasion of privacy‚ false imprisonment‚ trespass to land & the interference with chattels. * It is enough if one intends to do the act even if they did not intend to do wrong or cause damage b/c the law wants to protect property interests. ASSAULT AND BATTERY * Assault – occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent;
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DEFINITION: A tort is a civil wrong beyond a breach of contract for which the law provides redress. A. The law of torts focuses on private right of redress. The aggrieved party sues in tort to recover damages for the harm caused by her defendant. Contrast this to criminal law where the State‚ through government-employed prosecutors‚ pursues the action and extracts the punishment. B. LAWS come from 3 sources: i. Constitution ii. Statutory Law iii. Jurisprudential (or common law) TORT LAW comes
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In Liability‚ by Lorde develops the central conflict when you cause damage it’s your fault by using "Says he made the big mistake of dancing in my storm. Say it’s poison." But most of all maybe the breakup was her fault. She might’ve caused the problem because she’s famous which probably caused her to not spend enough time with her boyfriend. Lorde uses a metaphor to describe how her relationship was like in the past. (FIX) In fact‚ in Verse 1 she says‚ "I do my best to meet her standards
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concept of torts and the risk management process. This may help you identify how an organization can minimize the tort liability risk for a company. The readings analyze intentional torts and negligence with the intentional torts against persons‚ as well as examples of cases that address this issue. You study unintentional tort (negligence)‚ and you discuss the seminal case of Palsgraf v. The Long Island Railroad Company. The readings also address strict liability and product liability. This information
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Florida A&M University School of Business and Industry The Ethical and Legal Issues of Product Liability Courtney Jordan April 18‚ 2015 BUL 5323: Legal Issues and Environment Introduction Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. This includes the manufacturer of component parts
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September 16‚ 2006 Worksheet 1 EMPLOYMENT TORTS Employer’s Liability 1. Introduction The basis of the liability of an employer for negligence in respect of injury suffered by his employee during the course of the employee’s work is twofold: 1. He may be liable for breach of the personal duty of care which he owes to each employee; 2. He may be vicariously liable for breach by one employee of the duty of care which that employee owes to his fellow employees. The action against
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In my opinion‚ Tort reform will benefit both the patients and the medical practitioners‚ but it is more favorable for clinicians and health providers. It will benefit the patients because of its promised to reduced health care cost and better health care access. Tort reform has the potential to attract more physicians to continue their practice. According to the report‚ through tort reform‚ patients have greater access to specialists in high-risk fields of medicine‚ and more emergency room doctors
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Glycolysis Regulation Task 3 (D4) Glycolysis is the breakdown of glucose into a compound called pyruvate. A net of two ATPs are produced as the process uses two ATPs and produces four. Glycolysis consists of ten chemical reactions; each reaction is catalysed using a different enzyme. Oxygen is not required during glycolysis so it is considered anaerobic respiration. Glycolysis must be regulated so that energy is produce only when required. During glycolysis there are three enzymes that catalyse
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