"Duty to act tort law" Essays and Research Papers

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    Family Law Act 1975

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    In 1975‚ the Australian Government introduced the Family Law Act 1975 (Cth) in order to uphold a balance between spouses and de facto partners in regards to supporting and maintaining each parties legal rights. However‚ in recent years this legislation has caused growing disharmony between parental figures‚ with the rights of perspective fathers as well as existing ones‚ being neglected in the court of law. Major societal concerns have come to light in regard to a father’s legal rights under the

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    Companies Act Chapter 81:01:- "No association‚ society‚ body or other group consisting of more than ten persons may be formed for the purpose of carrying on any trade or business for gain unless it is— (a) incorporated under this Act; (b) Formed under some other written law; or (c) A partnership" According to the Companies Act Chapter 81:01‚ a “shareholder”‚ in relation to a company‚ means a person described in section 107(1); which states that a shareholder is: (a) a person who is a member

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    IRAC - Torts

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    To: Judge Wannabe From: Suzi Homemaker Re: Jim Peters Negligence Lawsuit Date: September 22‚ 2014 SUMMARY OF FACTS Melissa Gilbert of Gravel is Us of Cleveland Ohio‚ has a contract with the State of Ohio do road repairs on I-90. Gravel is Us closed down the road and commenced dynamiting procedures. The company posts a guard and one sign on the highway to make sure that no cars enter the area. The guard fell asleep on the job; Jim did not see the sign and drove into the dynamiting zone where he suffered

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    how the Magnuson –Moss warranty act comes into this situation. The "lemon law" is a subdivision of this act. The Magnuson-Moss warranty act‚ when tied with the ‘lemon law‚ ’ helps a person of the purchased new car‚ ensure that they will have the rights to have a properly functioning car. The following will explain what exactly this law is and how it is applied to the state of Nebraska. What exactly is the Magnuson-Moss Warranty Act? Cartalk explained that the act can be defined as the following

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    Tort and Regulatory Risks

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    Tort and Regulatory Risks This paper will address preventative‚ detective‚ and corrective measures for a company to manage regulatory risks. We will also review common business torts that occur in many businesses today. According to Jennings: Tort comes from the Latin term tortus‚ which means “crooked‚ dubious‚ twisted.” Torts are civil wrongs‚ actions that are not straight but twisted. This paper will also describe specific measures to manage torts and other regulatory risks that are identified

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    Directors Duties 1 Types of directors: Ordinary‚ de facto‚ shadow directors and non executive directors. Table A section 80 is the cornerstone of corporate governance. Gives the directors powers to act as they see fit for the benefit of the company. Directors have a FIDUCIARY relationship with the company – trust and confidence. The distinguishing obligation of a fiduciary is the OBLIGATION OF LOYALTY. Shadow directors – not appointed by the board – have a decisive say in managing from a distance

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    Torts Breakdown of Elements

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    Intentional torts‚ negligence‚ and strict liability ASSIGNMENT Explain the general differences between intentional torts‚ negligence‚ and strict liability. Additionally‚ explain the elements of intentional torts and negligence and provide working examples to illustrate each. FACTS 1. Intentional torts are actions with the purpose or intention to injure another person or that person’s property. The person inflicting the harm is called a tortfeasor. Intentional torts require

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    Business Law(Trademark Act)

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    The draft Trade Marks Work Manual herein set out describes the various procedures and practice in the administration of the Trade Marks Act‚ 1999 which will serve as a useful guide to the officers of the Trade Marks Registry (particularly new incumbents) and also users of the system and in ensuring uniformity of practice. Indeed section 98 of the Trade Marks Act gives statutory recognition to “practice of the Trade Marks Registry” as an important aspect in determination of legal proceedings on

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    Torts Study Guide

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    TORTS EXAM 2 STUDY GUIDE NEGLIGENCE • Negligence: The failure of individuals to appreciate the risks caused by their conduct. • Synonymous with carelessness did not intend to cause harm to Plaintiff • To determine whether negligence exists‚ must ask: 1. Was the Defendant’s conduct unreasonable? 2. Did the Defendant cause the Plaintiff’s injury? Elements of Negligence: 1. Duty by the Defendant to the Plaintiff 2. Defendant breached the duty of reasonable care 3. Defendant’s actions were

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    Torts 1 Outline

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    Tort Law Generally Standard of Care * (SoC) -Harm is required for a tort & is about vindicating individual rights & redressing private harms Motion to Dismiss/Demurrer: Filed by ∆‚ says to the judge that even if all the facts are taken as true‚ there’s no case Motion for Sum Judg: Usually motion by ∆‚ submit mostly after new facts arise from disco; filed w/ notion that facts are undisputed & that legal rules applied to facts would find for moving party (judge only) Object to Evidence & Offer

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