ART 1163 Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family‚ unless the law or the stipulation of the parties requires another standard of care. Specific or determinate – identified by tis individuality. Cannot substitute Generic or indeterminate – refers only to a class or genus [genus nunquam perit: genus never perishes] Duties of debtor in obligation to give a determinate thing 1. preserve the thing a. diligence
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reasonable person Proximate cause Thin Skull Rule Res Ipsa Loquitor- “ the thing speaks for itself”. Was in the defendants control‚ plaintiff did nothing to provoke the accident and had no prior knowledge of the danger. Negligence Per Se Strict Liability- the defendant will be found liable if injury occurs even through precautions were taken or injury was not
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and conditions of the contractual agreement ("the Contract") between DELL and the selected bidder ("the Contractor") will include provisions as set forth in this section‚ and will cover the following issues: Responsibilities‚ indemnities and liabilities of the Contractor(s) and DELL Conditions concerning the termination of the contract(s) Clear deliverables and acceptance procedures Payment terms tied to the satisfactory completion of the work Training and post implementation support Allowance
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Shared function or identity community – has common interests unrelated to geography (the African-American community‚ a community of scholars‚ the USC community‚ etc.) No Shared Space Shared Space Few Common Interests #1 Society #3 Limited Liability (i.e. suburbs) Common Interests #2 Personal Community #4 Ethnic Enclave b.ii.2.a. Society: few common interests and no shared space; we have few things in common and know little of each other’s experience. We can’t really count on getting
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injuries and lawsuits. That is why a many businesses surrounded by sports that involve kids‚ like indoor parks‚ bouncy castles‚ cheerleading & gymnastic have liability waivers that must be completed either by the adult whom is 18 years or older or by the parents or legal guardians for those under the age of 18 years of age. These waivers warn the individual or parent or guardian of the different types of inherent risks‚ and that injury may occur‚ plus the different types of injuries such as minor
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primarily liable by becoming holder (Section 90): If the maker of a note or the acceptor of a bill becomes its holder at or after its maturity in his own right‚ The Negotiable Instruments Act‚ 1881 4.5 instrument is discharged. By express waiver: When the holder of a negotiable instrument at or after its maturity absolutely and unconditionally renounces in writing or gives up his rights against all the parties to the instrument‚ the instrument is discharged. The renunciation must be
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Case Study: Star Technologies 1. Explain why "industry knowledge" is so important to an audit engagement team Identify risk factors commonly posed by companies in high-tech industries. Industry knowledge is so important because it helps auditors identify areas that need special attention where errors and fraud might exist. Auditors are then able to evaluate the reasonableness of the accounting estimates made by management. It will also help them evaluate the accounting principles used by
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SERGIO F. NAGUIAT‚ doing business under the name and style SERGIO F. NAGUIAT ENT.‚ INC.‚ & CLARK FIELD TAXI‚ INC.‚ petitioners‚ NATIONAL LABOR RELATIONS COMMISSION (THIRD DIVISION)‚ NATIONAL ORGANIZATION OF WORKINGMEN and its members‚ LEONARDO T. GALANG‚ et al.‚ respondents. FACTS: Naguiat is the president and a stockholder of Clark Field Taxi‚ Inc. (CFT). Due to the phase-out of the US bases in the country‚ Clark Air Base was closed and the taxi drivers of CFTI were separated from service.
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corporation incorporated under the laws of the State of Wisconsin‚ U.S.A.‚ having its principal place of business at 405 East Forest Street/Suite: 15‚ Oconomowoc‚ Wisconsin‚ U.S.A.‚ (hereinafter referred to as "Company") and Greenfoot RUS Limited Liability Company‚ a company registered under the laws of the Russian Federation‚ having its principal place of business at Krasnoputilovskaya st. 69‚ St. Petersburg‚ the Russian Federation (hereinafter referred to as "Distributor"). Appointment of Distributor
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Contracts II Outline Fall 2005 Professor Jean Powers Cited to Crandall & Whaley’s Contracts‚ 4th Edition I) Damages (227) A) Introduction (227) 1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled. 2) No action on a contract need be present for damages to be proper. An executory contract will suffice. B) Measuring Expectation Damages (229) 1) Expectation = Expected Value + Costs – Expenses Mitigated 2) Repair Theory – Damages should
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