out all the decorations on that circuit. Joey sues Mr. Jones for negligence. Please answer the following questions in approximately one paragraph each based on the courseware and what you learned in class. There is no need to research or use case law to answer these questions. 1) For purposes of liability Of land occupiers‚ what class of entrants is Joey considered part of? What are the rights of this class of entrants? What special rule or doctrine could potentially lead to Mr. Jones’ liability
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issues to be discussed. The first issue is what have Don breached his directors’ duties under the act in good faith and best interest of the company as well as disclosure personal interest. The second issue is possible remedies for Bryan while he has been conducted unfair and oppressive. ISSUE 1: WHAT HAS DON BREACHED? Fiduciary duties to disclose personal interests Directors are under both fiduciary and statutory duties to avoid conflicts between their personal interests and the interests of the company
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The law of negligence has the potential to impose wide liability on defendants. The approach of the courts has traditionally been to try control the scope of allowable claims in negligence and to limit their bounds while balancing the rights to compensation of plaintiffs and the rights of defendants not to be disproportionately burdened. Elias CJ’s quote raises an interesting question about the emphasis of the courts in the formula they have developed to test actionable negligence. Similarities
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The Custom Duty in India is one of the most important tariffs. The custom duty in India is regulated by the Customs Act of 1962. The main purpose of the custom duty in India is the prevention of the illegal export and import of goods. The rates of the custom duty levied on the imported and exported goods are assigned in the Custom Act‚ 1962. The Acts under the custom duty in India: * Foreign Trade (Exemption from application of Rules in certain cases) Order‚ 1993 * Customs Act‚ 1962
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Duty of care- when caring for people that are able and capable of doing things on their own but are in your care. If there is a basketball session and the floor is not dry or hasn’t been dried properly and a child slips and has an injury the person that is caring for the child in the session can be sued for negligence. It’s the duty of the carer to make sure it’s safe to play in a certain activity. Higher duty of care- is for people that are less able of doing basic things daily on their own (young
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Directors’ duties in Australia are designed to promote good governance and ensure that directors act in the interests of the company – including putting the company’s interests ahead of their own (A Guide to Directors’ Duties and Responsibilities‚ 2008). In the case of OHS Solutions Pty. Ltd. in order to give advice it must first be known what are the duties and responsibilities of a director and officer. There are three sources of law in which directors’ duties are enforced: the common-law (judge made)
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tort paper on nuisance Nuisance Nuisance is a common law tort. It means that which causes offence‚ annoyance‚ trouble or injury Under the common law‚ persons in possession of real property (land owners‚ lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn’t include visitors or those who aren’t considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment‚ either by creating smells‚ sounds‚ pollution or any other hazard that
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a few things you should know... like the term ’Duty of care’......it means providing care and support for individuals within the law and also within the policies‚ procedures and agreed ways of working of your employer. It is about avoiding abuse and injury to individuals‚ their friends and family and their property. A negligent act could be unintentional‚ careless or intentional that results in abuse or injury. A negligent act is breaching the duty of care. If an individual has evidence that you
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LAW Torts 1 – Negligence: elements of liability Objectives The law of tort has already been mentioned in other topics in a comparative sense. After studying this topic you should be able to: • discuss the nature of tort law; • explain the various interests protected by tort law; • describe the three essentials of the tort of negligence; • apply the test of reasonable foreseeability in relation to the duty of care; • explain the circumstances in which a duty of
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Duty of Care The concept of ‘duty of care’ is doing all you can‚ at all times to ensure that you act in the best interest of the patients. Putting those that we care for at the centre of all our actions and ensuring the safety of what we do for them. During practice duty of care means we must care out task at our own level of competence‚ not higher. Ensure that our actions do not break the laws‚ even if it means saying that you don’t feel that you should be doing something that your senior nurse
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