To: Reader From: Re: Sherman Antitrust Act Facts John Davison Rockefeller was the founder of Standard Oil Company in 1870 and ran it until he retired in 1897. Standard Oil gained almost complete control over the oil refining market in the United States by underselling its competitors. Rockefeller and his associates owned dozens of corporations operating in just one state. The Sherman Antitrust Act was enacted on July 2nd‚ 1890 which prohibits activities that restrict interstate commerce
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Week 7 Breach of the Duty of Care Negligence Duty of care Established or novel duty? Is it a non-delegable duty? What is the scope of the duty? Breach of duty What is the relevant standard of care? Has the standard been breached? Damage Is it recognized by law? Was the breach a necessary condition of the harm? Is the harm within the scope of the defendant’s liability? Breach of Duty The fault part of the negligence action An act or omission of the defendant A failure to act as a reasonable person
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The Act decriminalises company law. There are very few remaining offences such as the falsification of records‚ publishing of false information‚ refusal to respond to a summons and similar matters‚ which relate to the administration of justice in terms of the Act. Any such offences must be referred by the Commission to the National Public Prosecutor for trial‚ in the Magistrate’s Court. The Act generally uses a system of administrative enforcement in place of criminal sanctions to ensure compliance
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Essay on Duties of a Good Citizen A citizen is a member of the community or a state enjoying certain privileges and performing certain duties He looks after security and the well being of the community and the community looks after his safety and security. He works for the welfare of the community or the state of which he is a permanent member. As a member of a civilised state he is expected to discharge his duties well and to enjoy the privilege granted by the state. In short‚ his rights and his
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Tort Reform As with most debates fought in the popular press‚ there is some truth on both sides. At the center of this controversy is the way the legal system handles disputes or torts. A tort by definition is not just actions resulting in physical injury. Slander‚ fraud‚ and trespass are also torts. However‚ most of the argument on tort reform‚ concerns cases involving physical injury‚ medical malpractice and product liability. America is the most sue happy society in the world. We take our private
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‘The director of a company owes a fiduciary duty to the company’. Do you agree with this statement? Introduction A company is a distinct legal entity created by statute. Companies have many of the same legal rights and obligations as do individuals. They can own and sell property‚ they can hold profits or acquire debts‚ they can enter into contracts and sue or be sued‚ and governments can tax them. Companies are advantageous primarily because they become legal entities that are separate and
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justify their actions based on their own perception of duty. A strong example of one of them is Antigone. In the play‚ Antigone experiences a series of moral tests. She has to choose whether to abide by the laws of Thebes or take her own path and follow moral laws and obey the gods instead of the King Creon. She chooses to go against Creon and follow her own moral laws and bury her brother. All though later punished for her denial of the law‚ Antigone ultimately made the correct decision. In Ancient
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contract or not. Does party X has the duty to disclose the material facts to party Y? To what extent and in what circumstances must party X disclose such information? Unlike many other legal systems‚ the English law has taken the traditional perception that parties to a proposed contract generally have no duty to disclose information to each other.1 Each party must evaluate their own judgment in deciding whether to enter into a contract and it is not the duty of either one of the parties to notify
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Duty of care is the legal obligation that reasonable care must be taken to avoid acts with a reasonably foreseeable outcome of injuring another person. The concept of ‘duty of care’ was first recognised in Donoghue v Stevenson [1932] AC 562 where it was established that a duty of care is created via proximity‚ or a relationship between the defendant and the plaintiff. This is known as the ‘neighbour principle’ ‚ which relies on combination of proximity and a reasonably foreseeable risk of harm
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RIGHTS AND OBLIGATIONS OF AGENT UNDER THE LAW OF AGENCY Introduction The law of agency is based on the maxim “Qui facit per alium facit per se” i.e. he who does an act through another does it by himself. The concept of representative capacity is the totem of agency. In the hustle and bustle of everyday life it sometimes becomes impossible to do everything ourselves and hence it becomes necessary to employ people to perform our acts. The person employed is the agent and the contract by which
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