30th May Thursday 11-12 (replacement) 1b) Negligence misrep – For this‚ the common law negligent misrep is followed- i.e. that is duty of care‚ “special relationship” ‚ breach of standard of care‚ causation‚ and remoteness. 1c) Duress is pressure exerted by one person to coerce (influence someone to do smth) another to contract on particular terms. The main types are duress of the person “actual or threatened violence or unlawful imprisonment”‚ duress of goods “wrongful detaining‚ damaging or
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Employee Monitoring and Legal Liability 1. Employers can bear legal responsibility if they do not adequately monitor their employees. This is why sometimes extreme measures are taken to keep track of employee’s computer usage. There is a case from New Jersey several years ago in which a company was held liable by an appellate court because an employee transmitted child pornography from his workplace computer. The court ruled this way because the employer had a policy which stated that all email
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MGMT 310 Hot Coffee Essay 3-31-13 Hot Coffee This film was very interesting to watch. It made me realize how many frivolous lawsuits that have occurred. The Stella Liebeck case was huge example. Yes I understand she suffered third degree burns and had to be hospitalized for a week or so to recover but it could have possibly been prevented. The right thing to do would be to be careful when handling the cup of hot coffee. The cup itself says to be careful and why would anyone put a cup of
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Insurance is a means for persons and businesses to protect themselves against the risk of loss. An individual who purchases automobile insurance may be reimbursed by the insurer if his or her car is stolen. Insurance is crucial to personal‚ business‚ and estate planning. Insurance is defined as a contract whereby one party undertakes to identify another against loss‚ damage or liability arising from an unknown event. It is a means of transferring and distributing risk of loss. The risk of loss
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BUS 115 – Business Law Module 2- Courts and Alternative Dispute Resolution Case 3-3 “Discovery” Should a party to a lawsuit have to hand over its confidential business secrets as part of a discovery request? Why or why not? What limitations might a court consider imposing before requiring ATC to produce this material? The party to the law suit should hand over information during the discovery phase. However‚ discovery is allowed only if the information is relevant to the claim or defense
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registered under the law (if any) for the time being in force for the registration of such documents‚ and is made on account of natural love and affection between parties standing in a near relation to each other. In other words‚ an agreement made on account of natural love and affection is binding if the following requirements are present: It is expressed in writing; It is registered (if applicable); and The parties stand in a near relation to each other --- Tan Soh Sim‚ Chan Law Keong & Ors v
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Contract of the Encyclopedias Kaplan University Ls311-04 Business Law Unit 4 Professor Strauss Case Scenario Carrie offered to sell a set of legal encyclopedias to Antonio for $300.00. Antonio said that he would think about her offer and let her know his decision the next day. Norvel‚ who overheard the conversation between Carrie and Antonio‚ said to Carrie‚ "I accept your offer..” Carrie gave Norvel the books. The next day‚ Antonio‚ who had no idea
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What is a contract? A contract is an agreement enforceable by law. 2. What is an agreement? An agreement is an arrangement between parties that creates legal obligations between them. Generally an agreement is said to be arrived at when an offer or proposal made by one person is accepted by another‚ with the intention of creating mutual obligations between them. 5. What are the essential features of a contract? Minimum two parties :- Atleast two parties are needed to enter into a contact
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a commercial building‚ damages of $1000 are payable. The completion is delayed by 20 days due to the fault of the contractor. How much can the innocent party claim if the actual loss suffered is $22‚000? Do you think generally‚ it is wise for a business to always have a liquidated damages clause? 2. At Your Service Pte Ltd is a big company which provides various travel related services‚ including overseas tour packages which are designed in-house. Tom‚ a customer‚ had booked a special in-house
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form. One way of creating a system to do this is by using the MBO. MBO stands for management by objectives (Cascio‚ 2005). This process is well know because it sets up goals for employees to achieve. Another method is the work planning and review analysis. This is similar to MBO but used as a periodic review. It incorporates both supervisors and employees to identify goals‚ problem solve and plan (2005).
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