Ch. 7: Negligence: Elements of a claim: 1. D owed a duty of care to the P 2. breached that duty 3. Breach was the actual & proximate cause of the injury. Duty & Breach of Duty: 1. Person must act as a reasonable person would’ve in the situation 2. P must establish that defendant failed to act as a reasonable person would’ve 3. Defendant owed duty to plaintiff if he was among those who would foreseeably be at risk of harm from the behavior 4.Breach of duty: actions compared to those of a reasonable
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CONTEMPORARY LAW REFORM ISSUE: SPORT AND THE LAW (Word Count: 1012) Sport is an important part of Australian culture with a long history dating back to the 1800’s. We have progressed immensely since then and we now have numerous of professional sporting leagues in Australia for example; the A-League‚ Rugby League and AFL. Sport has always been Australia’s pride and passion as we have competed in many international levels including the Olympics and the Commonwealth games. ‘Sport law’ is there
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Business Law Midterm Chapter 1 - Nature of Law and Legal Rights * Legal Rights: rights (legal capacity to require another person to perform or refrain from performing an act) and duties (obligation of law imposed on a person to perform or refrain from performing a certain act) coexist. * Individual right: any statutes‚ ordinances‚ or court decisions cannot violate the rights given in Constitution. * The Right of Privacy: Fourth Amendment (only search under reasonable suspicion) and protecting
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TUTORIAL WEEK 3 TOPIC: APPLYING THE LAW LEARNING OBJECTIVE: 1. To understand how laws and the legal system are used to solve legal problems A. COMMON LAW AND THE DOCTRINE OF PRECEDENT 1. The three meanings of the term common law 2. The concept of equity. 3. The doctrine of precedent; the concept of stare decisis a. binding precedent b. persuasive precedent c. ratio decidendi d. obiter
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BA 3301 Test 1 Review Chapter 1 Equity vs. Legal Action * Court of Equity – the court will hear what is fair‚ and the outcome is based on factors not contract terms. * Equity – seeks a remedy when there is no available remedy at law. Deals with fairness in justice‚ usually stemming from natural law. Injunctions‚ court orders‚ restraining order. Civil action. * Court of Law – “black letter law” you did or did not do something. * Legal action – action typically for money damages
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History CIA 3 -Law Commissions of India- -Between 1834 and 1947- The Law Commission An overview Reforming the Law For Maximising Justice in Society and Promoting Good Governance under the Rule of Law. -Motto of the Law Commission of India The law commission of India is an executive body of experts in the field of law established by the government of India. Its function is to work for legal reform. The first Law Commission was established
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Business & Company Law – ’11-’12 – Question 1 Introduction: Whenever a contract is to be formed‚ there are certain elements which should meet the requirement in order for it to be established. They are offer‚ acceptance (agreement)‚ consideration and intention. * Definition: Agreement – Is formed when an offer is made and accepted. * Communication: Must be communicated * Except in the case of a unilateral contract. * Two types of Communications: * Instantaneous
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under the law this contract was not valid. Steve the salesperson was completely liable under the law for entering a contract with an underage minor. As a car company representative there is protocol which must be used when entering into any contract and a major part of protocol is to ensure that both parties are of legal age at the time of sale. Another possibility that may be a remedy for this situation is for Car Company to take legal action against Jeff‟s legal guardians. Under the law any minor
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Tort law is defined as a body of rights which are applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. Since businesses have high amounts of money which can provide them with multiple lawyers‚ it makes it almost impossible for an average customer to not only defeat but even have a fair fight in court. Tort law protects the customer’s best interest and provides them the highest level of justice in these types of cases. Although
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