Principles of Liability – Coursework Assessment Two For a contractual agreement to withstand‚ it is crucial that the contract contains the four main components‚ which are; offer‚ acceptance‚ consideration and the intention to create legal relations. A contract is seen as a legally binding agreement between two parties‚ so It is very important for the court to establish a ‘consensus ad idem’; the meeting of minds in order to judge whether a contract exists. Britney’s first meeting with
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"Due diligence" is a somewhat technical phrase used to describe a range of assignments‚ legal obligations‚ reports and investigations which take place in business‚ manufacturing and law. Its most frequently heard version is the one pertaining to business‚ where "duediligence" refers to the steps taken by venture capitalists before investing a round of capital in a startup‚ the ongoing investigation as to how the funds are being distributed‚ or the precautionary steps taken by a larger company in
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Estimated liabilities are a known obligation that is of an uncertain amount but that can be reasonable estimated. Common examples are employee benefits such as pensions‚ heath care and vacation pay‚ and warranties offered by a seller (Fundamental Accounting Principles‚ Chapter 11‚ Pg 437). When a firm sells products or renders services with a warranty‚ the firms has an obligation towards the customer when the warranty is honored. The warranty liability is an estimate of the obligations. Hence‚ a
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Products Liability 1. Construct a fact pattern [an example] to clearly delineate: a. A Manufacturing Defect: A car’s braking system that does not work properly and causes the driver to get into an accident. b. A Design Defect: A type of sunglasses that fail to protect the eyes from ultraviolet rays. c. A Marketing Defect: Prescription drugs advertised as “virtually non-toxic‚” “safe‚” and “free of significant side effects” when they are not. They failed to state
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OCCUPIERS LIABILITY The occupancy of premises is affected by two statues: 1) The occupier’s liability act 1957. Under this act there is a duty to keep safe and lawful visitors to the premises 2) The occupier’s liability act 1984. Where an occupier may owe a duty to protect trespassers onto the premises. LAWFUL VISITORS A lawful visitor has permission to enter premises. This can be expressed permission of implied. There are four situations covering implied permissions: 1) If the occupier
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TOPIC: WHAT IS TORT‚ AND TORTIOUS LIABILITY ? From a legal standpoint‚ a tort is a private or civil wrong or injury (other than a breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). For example‚ when a person violates his/her duty to others created under general (or statutory) law‚ a tort has been committed. Tort law relies heavily on the common law‚ the legal opinions of the Courts‚ general trends in the community‚ and legal scholarship
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Lidia Kujawska HND Accounting Year 2 Graded Unit 2 Development Stage Moorland Brewery plans to expand its production to new lager called Puma. They found buyer for it and right now they need to develop stage of producing new beer. The first calculation must start from cost statement for the new product. Primarily there is need to find out how much ingredients brewery will need to produce 2 litre of lager‚ this amount give company a clue how much they will pay for one mashing of beer.
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! ! ! Liability for Negligence! 1. The Duty! PURE ECONOMIC LOSS ! Neighbour Test (Donoghue v Stevenson): Care must be taken to avoid acts Salient Features Test (Perre v Apand): Neighbour test is not enough in cases of which you can reasonably foresee would be likely to injure your neighbour. Who are pure economic loss to establish a duty of care‚ which caused a need for further persons I ought to reasonably have in contemplation as I take an action/omission. tests to identify
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model is all about being tough on crime and catching the bad guy in any way possible not much attention is put on how the police can help the victim after the person is caught. In the due process model the focus is put on the offender to get a fair trail and a not guilty verdict‚ the victim in the way is put aside. Due to these types of models many victims don’t report their crimes because of fear of being re-victimized as you mentioned‚ but it could also be because they prefer to take their own actions
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Professional Liability There have been many changes in how healthcare is delivered today as opposed to how it was delivered decades ago when our parents were young. Many years ago there was a close relationship between a doctor‚ patient‚ and pharmacist. There was a considerable amount of trust given to the healthcare professional. They took the time and patience to make sure that their patient received the highest quality of care. Today‚ the healthcare industry is not as personable due to the
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