Chapter 4 actionable Capable of serving as the basis of a lawsuit. an actionable claim can be pursued in a lawsuit or other court action. actual malice The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. actual malice is required to establish defamation against public figures. appropriation In tort law‚ the use by one person of another person’s name‚ likeness‚ or other identifying characteristic
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1. I. Cause in fact‚ sine qua non R. To prove the defendant negligent‚ one has to prove that the plaintiff’s injuries would not have happened if the defendant did not place their foot on the accelerator before being rear-ended. Evidence needs to be shown that if the defendant did not move his car slightly‚ his car would not have been pushed out further into oncoming traffic and thus hitting and injuring the plaintiff. A. Because Burg’s foot was off the accelerator at the time of impact‚ it
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1) SCHROEDER V LUCY On what contractual grounds could he sue? Schroeder can sue on contractual grounds of unconscionable since the prenuptial agreement was acquired through misrepresentation and duress (Clarkson‚ Miller & Ross‚ 2015). Thus‚ Schroeder can sue on not given an opportunity to get his separate permissible counsel or read the agreement before signing it. Moreover‚ Schroeder can sue on no complete disclosure on Lucy’s debt or assets‚ and fraud since Lucy did not keep her promise to buy
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Free Consent: Free consent of all parties is another essential element. Consent means that the parties must have agreed upon same things in the same sense. Consent is said to be free if it is not obtained by coercion‚ undue influence‚ fraud‚ misrepresentation or mistake. (Section 14) 6. Lawful Object: Object means ‘the purpose of entering into a contract’. For the formation of a valid contract it is also necessary that the parties to an agreement must agree for a
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Attention! Calling all journalists! Are you aware of the rules of ethics? Do you follow them? Make sure you do! If not‚ you may end up like Janet Cooke. Janet Cooke is a former journalist from Toledo‚ Ohio. Her career unfortunately came to an end after she failed to follow the rules of ethics. On September 28‚ 1980 the story Jimmy’s World‚ was published in The Washington Post. This story written by Janet Cooke was about a little boy from Southeast Washington being a third-generation heroin addict
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Tort of negligence Legal obligation on persons to exercise reasonable care not to cause harm to others in specified circumstances. In order to establish liability for the Tort‚ the victim has to show: 1. He is owned a duty of care by the tortfeasor; 2. The tortfeasor has beached that duty of care AND 3. The victim has suffered resulting damage Duty of care: The “Neighbor Principle” to establish whether or not a duty of care is owed in the context of the Tort of negligence. First one has to establish
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persons of respectability and high social status in course of their occupation”. A white-collar criminal belongs to upper socio-economic class who violates the criminal law while conducting his professional qualities. For example‚ misrepresentation through fraudulent advertisements‚ infringement of patents‚ copyrights and trade-marks etc.‚ are frequently resorted to by manufacturers‚ industrialists and other persons of repute in course of their occupation with a view to earning huge profits. Other
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Fetscherin‚ Marc‚ and Mark Toncar. "Viewpoint: Visual Puffery in Advertising." Viewpoint: Visual Puffery in Advertising 51 (2009): n Preston‚ I. L. (1998). Puffery and other ‘loophole’ claims: How the law’s ‘Don’t Ask‚ Don’t Tell’ policy condones fraudulent falsity in advertising Preston‚ I. L. (1996). The Great American blow-up: Puffery in advertising and selling (revised edition) Preston‚ I. L. (1989). The FTC’s identification of implications as constituting deceptive advertising "Puffery Laws."
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Introduction to Waste Management In this essay I will discuss Waste Management Inc. Scandal. I will identify what type of company Waste Management is‚ when they became a company‚ how and why the scandal took place‚ who was involved‚ how they were caught‚ the shareholders losses‚ the overall outcome and the status of Waste Management Inc. today. Waste Management is a waste collection and recycling company that was founded in 1894 in Houston‚ Texas. Garbage generally was collected
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corporate governance‚ one group of accountants has been quietly helping corporations and investors alike in rebuilding confidence in financial statements. These are the forensic accountants.” The forensic accountant actively looks for fraudulent transactions and misrepresentations. Such an accountant has a major role to play in this new environment‚ and universities have the responsibility to train future accountants to adequately meet the demands of the business world. This increased interest is because
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