Anderson’s complaint be dismissed or should she be awarded damages? Why? Recovery of damages in negligence requires proof by a fair preponderance of the evidence that the actor lived a duty of care to the victim‚ which was breached by the actor’s failure. To recover damages‚ the plaintiff must have suffered some loss‚ harm wrong or invasion of a protected interest. Anderson suffered some loss of a protected interest‚ she should be awarded damages. The work that Whitten completed wasn’t done properly
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compensation. The manager says: Well‚ you selected the tent and what’s more the sign at the cashier’s desk clearly states that Rocks Pty Ltd makes no promises‚ warranties or conditions in relation to goods that are sold and is not liable for any damages except replacement of goods that are proved to be faulty at the time of sale. Charlie remembers reading the sign at the time that he bought the ‘X’ tent. Can Charlie successfully claim a breach of the Competition and Consumer Act 2010
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SEATTLE -- In a verdict that could have sweeping consequences for employers and cost Taco Bell Corp. millions of dollars‚ a jury here found the Mexican fast-food chain guilty of intentionally cheating hourly employees out of wages by having them work "off the clock‚" among other things. A spokesman for the U.S. Department of Labor recently reported that off-the-timeclock violations are among the most common complaints against employers by employees. "This judgment sends an important message that
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emergency. The Civil Contingencies Act 2004 defines emergency as ‘an even or situation which threatens serious damage to human welfare‚ the environment or security in a part of the United Kingdom’. Emergencies focus on three types of threat. Those are threats to the environment‚ people’s welfare and security. An earthquake is an emergency because it is unexpected and cause severe damage to environment and properties or lands. It can also severely harm human beings who happen to be in the designated
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------------------------------------------------- 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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This opinion is subject to revision before publication in the Pacific Reporter. IN THE UTAH COURT OF APPEALS ----ooOoo---Layne D. Hess‚ an individual‚ Plaintiff‚ Appellant‚ and Cross-appellee‚ v. Jody Johnston‚ an individual‚ Defendant‚ Appellee‚ and Cross-appellant. ) ) ) ) ) ) ) ) ) ) ) OPINION (For Official Publication) Case No. 20060497-CA F I L E D (June 21‚ 2007) 2007 UT App 213 ----Third District‚ Salt Lake Department‚ 050919801 The Honorable J. Dennis Frederick Attorneys: Paxton R.
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Brad v Ada and Connie v Ada Assault Brad and Connie may have an action of assault against Ana. To obtain damages‚ Brad and Connie have to demonstrate that there was an intentional act or threat that directly places them in reasonable apprehension of imminent contact due to the direct acts of the defendant. In Rixon v Star City Casino Pty Ltd (2001) 53 NSWLR 98 (“Rixon”)‚ assault requires proof of an intention to create in Brad’s and Connie’s apprehension of imminent physical interference but does
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Case Name Continental Airlines‚ Inc. v. McDonnell Douglas Corporation‚ 216 Cal.App.3d 3888‚ 264 Cal.Rptr. 779 [1](1990) Court of Appeals of California. Statement of Facts At Los Angeles International Airport‚ a horrible accident by a continental DC-10 took place On March 1‚ 1978. According to some continental airlines experts the reason behind the accident was “two tires burst on the left landing gear”1. Despite the efforts of the captain to stop the plane‚ it was too late to control a
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that have been put in place. 7. What are overuse injuries and how might these types of injuries by avoided? Overuse injuries are injuries that occur over a long period of time due to a repetitive task which causes minimal damage to the body if done once‚ but causes serious damage when done multiple times. Manual handling injuries‚ noise related injuries‚ stress related injuries as
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occipital lobe processes visual stimulus. Language‚ retrieval of memory and behaviour is administrated through temporal lobe (Martin‚ 2003). Finally‚ the limbic system tends to control emotion as well as short term memory (Martin‚ 2003). Brain damage is the degeneration or abnormal growth of brain cells‚ which can be the result of outer (injury) or inner (disease) influences. Therefore‚ in cases of brain disease there are biological and psychological impairment that causes abnormality in the brain
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