in the Bugusa‚ Inc.‚ link located on the student website to answer the following questions. Scenario: WIRETIME‚ Inc.‚ Advertisement Has WIRETIME‚ Inc.‚ committed any torts? If so‚ explain. WIRETIME‚ Inc. places an ad in a magazine stating that BUGusa devices were low quality and did not work for more than a month. The tort is defamation. Defamation occurs when one party makes a false statement about another. A third party heard or read the statement must be about a particular party‚ and damages
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situation raise and what are the possible legal consequences? Issue 1--duty of care The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1]‚ ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach the duty of care is the main reason to resulting in infringement. 4. Whether
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possible if ‘prescribed by law’ and ‘necessary to democratic society’ * s.6 HRA 1998 – unlawful for public authority (incl. courts) to act incompatibly to ECHR. * Ovey and White (2006) – Court consistently gives protection to publications/speech‚ it views these as central to the protection of other rights. * Lord Steyn in Reynolds – ECtHR proceeds on fact-specific basis. But nevertheless speech more specifically protected than other forms of expression in law on defamation. Chilling
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BUS 2100 – Business Law TORT REFORM Tort reform is a group of ideas and laws designed to change the way our civil justice system works. It’s designed to make it more difficult for injured people to file a lawsuit‚ make it more difficult for injured people to obtain a jury trial‚ and to place limits on the amount of money injured people receive in a lawsuit. In my opinion it’s just all a load of crap that takes a dump on our already sketchy legal system. It takes the rights of the people out of
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definitions of an act and omission. When the actus reus‚ and mens rea of a crime exists – an act is an action that have caused harm to a person‚ or damage to property‚ while an omission is where an action that could have reduced or prevented the harm or damage is not taken when the person in under a duty. However‚ the judges faces difficulty in distinction when (1) the actus reus of a crime does not admit an omission to form the basis of satisfying its criteria (2) the statute law does not express
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Intentional Torts A. A person acts with intent to produce a consequence if: 1. the person has the purpose of producing that consequence; OR 2. the person knows to a substantial certainty that the consequence will ensue from the person s conduct B. Battery 1. An actor commits battery if he acts intending: a. to cause a harmful or offensive contact to person of other or a third person OR b. to cause imminent apprehension of such contact AND c
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The Parents rights and obligations under the Family Law Act (1975) holds parents liable for any innocent in which children under the age of 10 engage in unlawful acts of violence‚ such as breaking into buildings and robbery. The act makes sure that parents are held liable for any innocents that the child engages in. The Family Act Law 1975 section 61B and 61C states that in the absence of court orders to the contrary‚ ‘each parents of a child under the age of 18 years is a guardian of the child
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2. Whether Sam has action in rescuer’s duty against Edmund 3. Whether William has an action in vicarious liability against TCS 4. Whether Sam has an action in vicarious liability against TCS Pleadings: 1. William v Edmund A. Duty of care Foreseeability – there will be accidents if bus isn’t checked properly and if Edmund doesn’t watch the road. Fair just reasonable. Proximity – safety of William depended on Edmunds careful driving B. Breach of duty – Edmund did not check the bus thoroughly
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After reading Civil Liability for Acts of Off-Duty Officers‚ I’ve come to the realization that there are many possibilities and outcomes dependent upon the situations off-duty officers put themselves into. When off-duty officers act upon situations that they would normally face when on duty‚ they are fully liable for the decisions they make. In this specific event‚ as an off-duty officer‚ I witnessed a man and a woman arguing where the man then pushed the woman‚ and I‚ the officer decided to intervene
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(later – the Defendant) according to the Corporations Law of Australia‚ case law and other relevant sources. Executive Summery Sources of Company law in Australia The laws governing director’s duties and responsibilities come from three areas: The Common law Statute Law‚ under the Corporations Act 2001 A company’s constitution Introduction In order to start analyzing the given case‚ it is important to define the ‘law’ itself: … a set of rules‚ developed over a long period
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