expansion of constitutional torts in India. TABLE OF CONTENTS Definition of a tort 5 Liability of a state 5 Article 300 6 Evolution of Constitutional Tort 7 Need For Constitutional Torts 8 Ubi Jus Ibi Remedium 9 Injuria Sine Damnum 9 Essentials for Constitutional Torts 9 Differences between constitutional tort and private
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Garden Club Guests and Liability Nicola Grover Professor‚ Theresa Dike November 27‚ 2011 LEG 300 The difference between an invitee and a licensee is the level of duty of care owed to each by the landowner. A person who enters the premises of a landowner by invitation‚ as part of the general public for a lawful purpose‚ would be considered an invitee. The landowner must provide an invitee reasonable care to keep the invitee safe from harm. This means the landowner must be aware of impending
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their members deserve limited liability? Is it fair that LLCs do not pay income taxes? A small business deserve limited liability because it’s used like a risk protection for their business as well as the owners. “It allows owners‚ called members‚ to have limited liability just like corporations’ (Lau‚ 2012‚ p. 367). There are so many new incorporated business laws that a business have to face on a daily basic. LLCs helps small businesses with the amount of liability that they face by decreasing their
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As a result of Lydia’s actions‚ Danielle and Gemma have died. Therefore‚ the extent of Lydia’s criminal liability for their deaths must be explored. Lydia’s culpability for their Murders must be explored before lesser offences of manslaughter can be considered. The majority of law pertaining to Murder is found in the Common Law‚ rather than being defined in statutes like a great deal of criminal offences. Murder‚ as defined by Lord Coke‚ is when a man of “sound memory” at the age of “discretion”
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Course : Bank Management & Financial Services Chapter 4 : Managing and pricing non-deposit liabilities Questions & Problems 1. Compare and contrast Fed funds transactions with RPs? Repurchase agreements (RPs) are less popular than Fed funds and more complex. Both fed funds and Rps are instruments available for short term borrowing. However‚ RP agreements are collateralized loans and thus‚ the lender is not exposed to credit risk as they are with Federal funds transactions. Most RPs
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------------------------------------------------- Mens Rea (Blameworthiness) Introduction Duff = “responsibility is a necessary but not a sufficient condition of liability” An actor is responsible when they are sufficiently blameworthy in causing the harm or committing the wrong = we blame those who have control over their actions (committing a crime is a mental process) * MR is the guilty mind. Note that it is not necessarily a moral/culpable judgment‚ and there can be involuntary MR e.g.
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171). What factors will determine liability? The factors that will determine if the teachers are liable is if the incident was unforeseen and if the teacher was supervising the students as required during recess. Teachers are required to use a standard of care‚ but if they act improperly or failed to act appropriately in this situation they can be held liable. It is stated that "when an unavoidable injury occurs‚ there is generally no liability" (Essex‚ 2012‚ p. 158). But this situation
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Chan Faat goes over to the father and says‚ “Here’s another one for you.” He then punches the father in the face causing a red mark. The police are called and Chan Faat is arrested. Using the 8-part test discuss in full the possible criminal liability of Chan Faat. (60 marks) ANSWER GUIDE A.1. Nobody has died‚ so do not discuss ‘fatal offences against the person’. Discuss only the ‘non-fatal offences against the person’. Chan Faat may be guilty of both Wounding with intent contrary to
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Statutory rape is a strict liability crime. It is defined as “sex between an adult and a minor below the age of consent at the time the offense takes place” (Uslegal.com). This also includes persons who lack the ability of consenting to sex because of physical and mental incapabilities. The Model Penal Code lists Statutory Rape as‚ “male who has sexual intercourse with a female not his wife‚ or any person who engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse
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