Aspects of contracts and negligence in business Task 1 and 2 Unit 5 Lecturer: Mrs. Eunice Wahito Done by: Kaunain Assaria Table of contents Validity of contacts………………………………………………………………………….3-4 Types of contacts………………………………………………………………………….....5-7 Elements of a contract……………………………………………………………………....7-10 Consideration……………………………………………………………………………….10-11 Warranties and conditions…………………………………………………………………12-14 Law of tort……………………………………………………………………………………..15 Fault principle………………………………………………………………………………16-17
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Negligence falls under civil law as the plaintiff is entitled to seek monetary compensation from the defendant by reporting the incident or filing a complaint or case to the Australian Health Practitioner Regulation Agency (AHPRA). Plaintiff refers to the
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Liability based on negligence because there clearly a failure to exercise the degree of care that a reasonable‚ prudent person would have exercised under the circumstance. +No assumption of risk because the plaintiff knew and appreciated the risk created by the product defect and the plaintiff voluntarily assumed the risk‚ even though it was unreasonable to do so. -Kolchek will be UNABLE to sue Porter but is able to sue Great Lakes.
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with people being convicted. Mr. Stevenson eventually comes to the conclusion that America tends to condemn the most vulnerable of us. He also concluded that‚ just because you may be African American you have a higher chance of being incarcerated. In life‚ there will always be someone that can jump higher or fun faster‚ but that also means that there is always someone that is below us. We always want to be better than someone if we admit it or not. Mr. Stevenson concluded that we condemn the most
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The poem I have chosen was Sous-entendu written by Anne Stevenson which is a poem written from a women point of view‚ which show how men see women. The way we get a to see that see how men perspective women as object because they often want more then an emotional connection. The poem describes a typical womanizer. The first stanza does a good job in showing how men tend to create a relationship with some women‚ and how they see that as naïve. I like how the poet‚ counter argues that women are not
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On the 30th of January 1933‚ Hitler became chancellor. Many historians say that this was due to the depression‚ however others claim that there were a variety of factors‚ including the Nazi propaganda and the political situation in 1932-3‚ which aided Hitler’s rise to power. The Depression was a result of the 1929 Wall Street Crash in the USA. When the depression hit Germany‚ it hit hard. Germany was asked to repay the money given to them on loan‚ and fast. As a result of this‚ businesses went bankrupt
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Development of Equity Introduction Before the Norman Conquest of 1066‚ there was no common law system‚ law was written in codes influenced by Roman law and created by local kings. Shire courts and hundred courts were responsible for law enforcement. The legal system was mainly based on custom and tradition by the intervention of god. The law was often reformed‚ being how the king wanted it to be. The Lord Chancellor‚ who was the chief legal administrator of the kingdom and the king‚ made their
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Cahermurphy‚ Kilmihil‚ Co. Clare‚ Ireland. 4th March 2010. Complaints Section‚ Cadbury’s‚ Bermingham‚ UK. Dear Manager‚ I am writing to inform you of a dreadful incident that occurred due to your company’s negligence. Yesterday was my 14th birthday and I was having a wonderful birthday party. That is‚ until disaster hit! I was munching contentedly on my Cadbury’s cream egg when suddenly I bit down on something hard. I heard a cracking noise and immediately
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of tort claim does the neighbor have? Who are the possible defendants? ------------------------------------------------- The Tort Claim the neighbor has is negligence and product liability. The possible defendants are Mary‚ the manufacturer‚ the distributer‚ the wholesaler‚ and the retailer. The neighbor would sue Mary for negligence because Mary should have never taken off the guard. And the neighbor would sue the manufacturer‚ the distributer‚ the wholesaler‚ and the retailer for product liability
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This problem concerns clinical negligence by omission for failing to diagnose Jane for meningitis and encephalitis. For the hospital to be held vicariously liable for the actions of its doctors‚ Jane must prove misdiagnosis was carried out negligently and directly caused the injury. Lord Bingham said‚ ‘For the purposes of analysis‚ and for the purpose of pleading‚ proving and resolving the claim‚ lawyers find it convenient to break the claim into its constituent elements: the duty‚ the breach‚ the
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