tort is a civil wrong arising from an act or failure to act‚ independently of any contact‚ for which an action for personal injury or property damages may be brought. It deals with situations where a person’s behaviour has unfairly caused someone else to suffer loss or harm. A person who suffers a tortious act is entitled to receive compensation for “damages”‚ usually money payment from the person or people responsible. The tort of negligence is a type of civil wrong where a contract does not exists
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Title II. - CONTRACTS CHAPTER 1 GENERAL PROVISIONS Art. 1305. A contract is a meeting of minds between two persons whereby one binds himself‚ with respect to the other‚ to give something or to render some service. (1254a) Art. 1306. The contracting parties may establish such stipulations‚ clauses‚ terms and conditions as they may deem convenient‚ provided they are not contrary to law‚ morals‚ good customs‚ public order‚ or public policy. (1255a) Art. 1307. Innominate contracts shall be
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beached that duty of care AND 3. The victim has suffered resulting damage Duty of care: The “Neighbor Principle” to establish whether or not a duty of care is owed in the context of the Tort of negligence. First one has to establish that there was factual foreseeability of damage resulting from the negligent act. Factual foreseeability: if the tortfeasor was careless in the way that he went about his affairs‚ the victim would suffer damage from such carelessness. Secondly‚ the must be sufficient proximity
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greatly affected by tornadoes include Arkansas Louisiana‚ Mississippi‚ Alabama‚ Tennessee and Georgia. About 1‚300 tornadoes hit in the U.S. each year. With a total average cost of $500 million in damages. In average of three- Years period‚ roughly five hurricanes strike the U.S. coastline causing annual damage of
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the major earthquake‚ a foreshock shook the area near the towns of Valdivia and Peurta Montt (kids). The four foreshocks that followed had a magnitude of greater than 7.0. The largest earthquake had a magnitude of 7.9 and caused a large amount of damage to the Concepcion area. The devastating earthquake triggered a tsunami just off the coast of central Chile‚ which affected the entire Pacific Basin (usgs). After Chile‚ the tsunami traveled hundreds of miles and caused destruction all around the Pacific
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Cited to Crandall & Whaley’s Contracts‚ 4th Edition I) Damages (227) A) Introduction (227) 1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled. 2) No action on a contract need be present for damages to be proper. An executory contract will suffice. B) Measuring Expectation Damages (229) 1) Expectation = Expected Value + Costs – Expenses Mitigated 2) Repair Theory – Damages should put things in the state that they were specified in
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BUS201 Contract and Agency Law Group Based Case Study Bai Kailin Q0806156 Question 1 A tender is also considered as an offer. Tenders refers to a process by which one can seek prices and terms for a particular project (such as a construction job in this case) to be carried out under a contract. The sealed offers themselves‚ including company information‚ a project outline‚ and a price quote‚ are known as tenders or bids. Since Beng Huay Construction Pte Ltd submitted the most competitive
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history with people being injured for similar incidents. The jury decided to award Mrs. Liebeck two days’ worth of McDonalds coffee sales‚ which was $160‚000 dollars and was awarded $2.7 million dollars in punitive damages‚ but was later reduced to $480‚000 dollars. Punitive damages are damages used to change the behavior of the wrong doer. The case created huge media buzz because the public thought the act was intentional and the Liebeck family was taking extreme measures by filing a lawsuit. This case
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Destruction or damage to the property insured by its own fermentation‚ natural heating or spontaneous combustion or its undergoing any heating or drying process cannot be treated as damage due to fire. For e.g.‚ paints or chemicals in a factory undergoing heat treatment and consequently damaged by fire is not covered. Further‚ burning of property insured by order of any Public Authority is excluded from the scope of cover. 2. Lightning: Lightning may result in fire damage or other types of damage‚ such
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importantly‚ this paper investigates the engineering component of Katrina and describes what could have been done within this field to prevent the majority of the economic damage done. Introduction A disaster is “a natural or man-made hazard resulting in an event of substantial extent causing significant physical damage or destruction‚ loss of life‚ or drastic change to the environment.” (“Disaster”‚ 2012) According to this definition‚ Hurricane Katrina is
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