Professional and Design Liability BE0892 Practice Specialisation Professional Liability Liability for injury‚ including bodily or personal injury or death‚ and property damage arising out of the negligent act or omission of a professional‚ ie‚ pharmacist‚ physician‚ attorney‚ architect‚ engineer‚ in performance of their professional activities. How can liability arise? Contract Tort Statute and regulations e.g. Supply of Goods and Services Act‚ Building Regs. Express terms Implied terms
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Amanda Fultz Mark Davis BUL 2131-43 8-19-2013 Liability for Agent’s Contracts You run a successful paper mill and send out your three best personnel to secure new wood pulp sources using due diligence and skill. Applying the agency principles outlined in this chapter‚ answer the following questions. Delilah‚ does not return with wood pulp‚ but brings back three contracts. Acting within the scope of her authority‚ she contracted
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ways‚ gun ownership liability is like that of automobile ownership. You drive your car as safely as possible to avoid accidents that can potentially cause injury or death to oneself‚ one’s family‚ or the public. You do your best to prevent theft of your car by locking it and storing it in a safe place such as your garage. You also take out auto insurance that protects you from its loss and its liability risks. Unfortunately‚ many car owners don’t actively think about liability coverage for their
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Doctrine: Limitations in Establishing Corporate Criminal Liability The identification doctrine is the traditional method by which companies are held liable under the principles of the common law. According to this theory‚ the solution for the problem of attributing the unlawful acts to a corporation for offences that require intention was to merge the identified individual with the corporation. For the purpose of establishing corporate liability‚ a company may be responsible for the wrongful acts of
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forms of business entities available‚ a recent one being limited liability partnerships (LLP)‚ created by the Limited Liability Partnership Act 2000 (LLPA). This act came into force on the 6th of April 2001. As‚ LLP’s have qualities similar to partnerships‚ they are seen as a hybrid between a partnership and a company. An LLP is a ‘corporate body’ with ‘separate legal personality’‚ distinct from its members. Members enjoy limited liability and are not jointly and severally liable for the debts of the
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Vicarious Liability Monday‚ January 12‚ 2015 10:00 PM Vicarious Liability is where one person is held liable for the torts of another. This is usually where an employer is liable for the torts of employee. For the employer to be liable: i) A tort‚ (such as negligence‚ battery or even in breach of statutory duty (Majrowski v Guys and St Thomas’s NHS Trust 2007)) ii) committed by his employee‚ iii) during the course of employment. • Original defendant (employee) must be liable in tort first Prepared
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The issue is whether the defendant Sykt Jebat can be held liable for the damages suffered by the plaintiffs‚ Sam‚ Jojo and Lan under the law of Occupiers’ Liability. Occupiers’ liability concerns injury caused to a plaintiff as a result of defective condition of the land‚ building and premises. In order to establish occupiers’ liability‚ the occupier must have a sufficient degree of control over the premise. Lord Denning in Wheat v Lacon & Co Ltd (1966) held that “whenever a person has a sufficient
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The Elements of Criminal Liability ACTUS REUS & MENS REA "Actus non facit reum nisi mens sit rea"‚ or "an act does not make a man guilty unless his mind be also guilty (Burgess‚ 2004‚ p.8)." In criminal law‚ for an individual to commit a crime‚ there must be present two elements. They are: Actus Reus (meaning guilty act or omission); and Mens Rea (meaning guilty mind). Actus Reus is the guilty act or omission in the commissioning of a crime. In short‚ it is what the offender does
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Running head: PRODUCT & PRODUCT MARKETING Rochelle Russell Unit 2 Individual Product Products & Product Marketing MGMT422-1103A-09 Triangle Solutions Product There are several people that love to take pictures of their families or special events and put them in scrapbooks. The new product that I am proposing is a photo paper that already has a background scene on it and individuals can still print their picture on top of it to make it look even more special. Mostly everyone
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second defendant would be Dale’s supervisor. The supervisor recorded a pass on an exam that dale did not take. The exam Dale failed to write was based on the video that Dale did not watch. The third defendant would be Wal-Mart; Wal-Mart assumes liability because they could be at fault for not properly training staff. Bob would want to take action on Wal-Mart because they have the “deepest pockets” and would most likely be the only defendant with enough money to pay out compensation. Wal-Mart would
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