------------------------------------------------- Dear 2013 Commercial Law Students: ------------------------------------------------- ------------------------------------------------- To provide you with some guidance in relation to preparing answers to legal problems‚ below are the following: ------------------------------------------------- ------------------------------------------------- - A past exam question in this course‚ which was also set as an assignment in a previous year;
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battery A negligent battery is committed when there is a negligent‚ direct‚ and unlawful contact or without consent to another’s person. Prima facie‚ the injury suffered by Ivan was a direct injury negligently conflicted through the carelessness and negligence of the parking attendant. It would be reasonably foreseeable that someone might be standing under the shutter door. However‚ there has not been any precedent to support the view of negligent battery‚ or the interrelationship of fault and trespass
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Negligence kills Carelessness is the main reason for any accident. If a person drives rashly on road one or two may get injured or killed. When a building is constructed with out following any norms it would result in the death of few people. Where as if an event is organized lack of precautionary measures that may lead to the loss of many lives. Even after witnessing number of fire accidents in the city the concerned authorities fail to implement the existing policies for safety of the public
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NEGLIGENCE: THE EMPLOYER’S DUTIES Employers Liability in Negligence • May be personally liable to employees who injure themselves. • May be personally liable to employees who are injured by another employee or sometimes by an independent contractor employed by the employer. • May be vicariously liable if one employee is injured by another employee. NOTE: • Employees may also be able to recover from statutory workers compensation schemes. • Employees’ rights at common law may be restricted
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persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when directing my mind to the acts or omissions which are called in question”. * Foreseeability: For an action in negligence to succeed‚ it must be foreseeable that the act (or omission) of the defendant could cause harm to the plaintiff. The test is one of “reasonable foreseeability”‚ which is an “objective”. * Proximity: There must be some relationship between the
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t is important to distinguish unfair dismissal from the common law remedy for wrongful dismissal. The latter is a civil law remedy essentially based upon breach of the contract of employment. From the point of view of the employee‚ there are significant deficiencies in this civil law relief as a remedy. Because an employer is generally entitled under the terms of the contract to dismiss upon giving the appropriate period of notice as stipulated by the contract‚ damages will often be limited to the
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Aspects of Contract and Negligence for Business Table of Contents Introduction 3 CONTRACT BEGINNINGS 3 MAJOR CONTRACT ELEMENTS 3 CONTRACT FORMATION 5 CONTRACT TERMS AND REMEDIES 6 CONTRACT EXEMPTION……………………………………………………………………………………………………………………………………………8 NEGLIGENCE PRINCIPLES………………………………………………………………………………………………………………………………………….9 NEGLIGENCE DEFENCES………………………………………………………………………………………………………………………………………….11 VICARIOUS LIABILITY 1 NEGLIGENCE REMEDIES 13 EMPLOYER LIABILITY‚ HEALTH
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In this type of negligence special skill is required by the wrong doer‚ i.e. the professional is one‚ who prefers to have some special skill. Any doctor who has established a relationship of professional attendance with a patient and who has undertaken to bring a reasonable degree of care to his course of treatment‚ when fails to undergo such degree of care and skill then he may have shown medical negligence. A professional impliedly assures the person dealing
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Newco Project Company Due Diligence Checklist Five primary legal issues need to be analyzed before investing in the Newco Project Company. The following legal due diligence checklist will help assess the viability of the company:  Chemical‚ fertilizer‚ and pesticide poisoning and damage  Liabilities of accidents towards employees‚ renters‚ and bystanders  Potential for illegal workers  OSHA-related litigation  Meditation and arbitration conflict resolution
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Assignment #1 Case Study: Davis v. The Board of County Commissioners of Doña Ana County Joseph Boltersdorf Dr. Patricia Drain Business Employment Law January 24‚ 2011 1. What was the legal issue in this case? In the opinion of Judge Richard C. Bosson‚ the legal issue in this case was to‚ “…decide whether an employer owes prospective employers and foreseeable third persons a duty of reasonable care not to misrepresent material facts in the course of making an employment recommendation
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