Tort Liability and Contract Liability A tort is a legal term for "a wrong." The "tort law" is composed of state statutes and court decisions that gives one the right to sue someone who causes harm to them‚ whether it’s a drunk driver‚ a corporation that manufactures a defective product‚ a credit card company that overcharges you‚ or a government bureaucrat that breaks the law or a school official such as a teacher or principal. The law of the state in which the school is located determines a school’s
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Liability of Negligence When a person is said to be liable for an action under the law‚ it means that they are responsible in some way for the outcome that results either in the law of a nation to be violated which comes under criminal liability‚ or in an injury to other individuals that is considered to be a civil liability. The main requirement for a liability happens to be intent1‚ which says that‚ an individual is not responsible for something that they did not mean to do. However‚ the Law of
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DEFENITION: STRICT LIABILITY RYLANDS V FLETCHER CASE i. FACTS ii. DIAGRAMATICAL REPRESENTATION iii. JUDGEMENT iv. EFFECTS OF THE CASE v. EFFECTS OF THE CASE IN INDIA vi. CONCLUSION vii. ESSENTIALS EXCEPTIONS BIBLIOGRAPHY STRICT LIABILITY • A person may be liable for some harm even though he is not negligent in causing the same or does not intentionally cause it or is careful or has taken steps to prevent the same. • e.g.‚ The defendant is liable to the neighbor
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two principles of criminal liability which have to be relied upon in order to determine the guilt or innocence of the accused person. Therefore the aim of this essay is to discuss the two principles of law for criminal liability with reference to the Penal Code Act‚ Chapter Eighty Seven (87) of the Laws of Zambia and Zambian decided cases. In order to effectively do this‚ the essay will begin by generally talking about the two principles of law for criminal liability which are the “Actus reus”
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Employers Liability and breach of statutory duty Employers liability have both a common law and statutory aspect. Common law = found in tort of negligence. Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability) Common Law Basic duty owed at common law by an employer to an employee is founded on the tort of negligence. Authority derives from: Wilsons and Clyde Coal v English [1938] AC 57 Employers have the duty at common law to take reasonable
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Liability for Omissions The law has historically been reluctant to impose a general liability for omissions as opposed to positive acts. This means that there is no general duty of care in tort to act in order to prevent harm occurring to another. In Smith v Littlewoods Organisation‚ Lord Goff stated clearly that “the common law does not impose liability for what are called pure omissions”. Similarly‚ in Yuen Kun Yeu v A-G of Hong Kong‚ Lord Keith stated that people can ignore their moral responsibilities
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Criminal Liability Essay Criminal liabilities are conditions of being actually or potentially subject to a legal obligation. Liability means legal responsibility for one’s acts or omission‚ also when acts which harms society‚ and which are prosecuted by the government. Sometimes certain negligence can lead to criminal liability. Liability needs to be distinguished from the following concepts: * culpability (purposely‚ knowingly‚ recklessly‚ negligently) - infers intent * capacity
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Teacher Liability University of Phoenix AED/201‚ Week 5 Erin Witt February 5‚ 2012 Your Results for "Classroom Management " | Print this page | Book’s Title: | Introduction to Teaching: Becoming a Professional | Book’s Author: | Kauchak | Location on Site: | Home > School Law: Ethical and Legal Influences > Reflect on This > Classroom Management | Date/Time Submitted: | February 6‚ 2012 at 4:05 AM (UTC/GMT) | | Summary of Results | All 3 questions in this activity
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Running Head: Strict Liability Torts Strict Liability Torts (Product Liability) Adil Elatillah LEG 300 Professor: Queen Meheux Spring 2012 Strayer University Strict Liability exists in the criminal context as well as civil‚ it is a legal responsibility for any damages and losses caused by a person or organization due to the act which is defined a fault in the criminal law term. Strict Liability‚ especially product liability is well known in tort law‚ of course criminal law and the
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Topics in Criminal Law May 25‚ 2010 Abstract Strict liability crimes require no culpable mental state and present a significant exception to the principle that all crimes require a conjunction of action and mens rea. Strict liability offenses make it a crime simply to do something‚ even if the offender has no intention of violating the law or causing the resulting harm. Strict liability is based philosophically on the presumption that causing harm is in itself blameworthy regardless of the
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