1 Table of Contents Introduction .......................................................................................................................... 2 The Hierarchy of Courts in Mauritius .................................................................................... 3 The Judicial Committee of the Privy Council (JCPC) ........................................................ 3 The Supreme Court ................................................................................
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Chapter 12 Torts The Basis of Tort 1. The Purpose of Tort Law a. Damages Available in Tort Actions Compensatory damages (including special damages and general damages) : compensate or reimburse the plaintiff for actual losses Special damages: compensate the plaintiff for quantifiable monetary losses. General damages: compensate individuals (not companies) for the nonmonetary aspects of the harm suffered‚ such as pain and suffering. b. Punitive Damages: Only when the defendant’s conduct was particularly
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Employment-At-Will Doctrine Law and Ethics in the Business Environment The concept of employment-at-will holds that both employer and employee have the mutual right to terminate an employment relationship anytime for any reason and with or without advance notice to the other. Specifically‚ it holds that an organization employs an individual at its own will and can‚ therefore‚ terminate that employee at any time “for a good cause‚ for no cause‚ or even for cause morally wrong‚ without being
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Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts‚ the requirements for this are duty‚ breach of duty by the defendant‚ causation and injury(Stuhmcke and Corporation.E 2001). However‚ this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence‚ duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care
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Employment-At-Will Doctrine Texas is an “employment-at-will” state. Generally‚ employees without a written employment contract can be fired for good cause‚ bad cause‚ or no cause at all. In an at-will situation‚ either the employer or employee may terminate the employment relationship at any time‚ with or without warning‚ and with or without cause‚ unless there is an existing agreement with express terms and conditions covering its termination.1 Of course‚ the employment-at-will doctrine is not without
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Doctrine of Competence-competence The proper allocation of responsibilities between courts and arbitral tribunals for resolving disputes concerning arbitral jurisdiction – disputes about whether the plaintiff’s claim ought to be decided by an arbitral tribunal or a court – has been one of the most complex and controversial question of modern arbitration law. Although there is broad agreement on one general proposition that arbitrators are empowered to rule on their own jurisdiction and then proceed
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Tort Scenario Paper Crystal Cunningham‚ Robert Harrison‚ Billie Miller‚ Tyler Pierce‚ and Jennifer Sorensen University of Phoenix Business Law BUS415 Page Beetem May 30‚ 2011 Scenario One What tort actions do see and the identity of potential plaintiffs? Intentional battery - (Plaintiff‚ Malik v. Ruben) Malik can file a claim against Ruben for pushing him. Ruben would be liable for any physical harm sustained due to the physical contact. Unintentional negligence- (Plaintiff‚ Malik
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INTRODUCTION “Assault” and “battery” in the context of tort law are viewed as separate offences unlike in viewpoint of criminal law where the two are typically components of a single offence. In this essay‚ the writer will discuss ‘assault and battery as understood in tort law. To properly exhaust these two torts‚ it is best to evaluate them separately according to their definitions and the help of their related case laws. Assault and battery are intentional torts meaning that in these two offences‚ the tortfeasor
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Kennedy’s presidency the United States was seriously concerned with stopping the spread of communism throughout the world and there where hot spots that sparked the Kennedy administrations attention. Containment was the United States foreign policy doctrine that proclaimed that the Soviet Union needed to be contained to prevent the spread of communism throughout the world. This containment policy meant that the United States needed to fight communism abroad and promote democracy worldwide. During President
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This paper will discuss the hypothetical scenario and case problem 4.4 and its implications on unintentional tort or negligence. It can be found on page 124 of our textbook Business Law Today: Essentials‚ written by Roger LeRoy Miller and Gaylord A. Jentz. As read in the case‚ “Kim went to Ling ’s Market to pick up a few items for dinner. It was a rainy‚ windy day‚ and the wind had blown water through the door of Ling ’s Market each time the door opened. As Kim entered through the door‚ she slipped
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