Deirdre Mulligan‚ the faculty director at the Berkeley Center for Law and Technology. “[This] means the number of instances where we might have a breach is going up.” On the following pages‚ InsideCounsel takes a look at fallout from some major data breaches‚ recent legislative and regulatory developments in data privacy law and ways to prevent a data breach before it’s too late. Data Disasters A “global cyber fraud operation” sounds like something straight out of a James Bond movie. But when cyber
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"all the world"‚ in which case the offeree is regarded as a member of the general public: Carlill v Carbolic Smoke Ball When an offer is made‚ the term of the proposed contract must be communicated to the offeree: Thornton v Shoe Lane Parking However‚ an offer can be made in general terms‚ leaving the precise terms of the contract to be settled later: Master v Cameron The fact that the word ’offer’ is used is not itself conclusive: B Seppelt & Sons Ltd v Commissioner for Main Roads An offer
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Claiming God’s Promises Print Page By Dr. Charles Stanley In the Bible‚ we learn that Sarah was 90 years old when God told her husband Abraham‚ “I will bless her‚ and indeed I will give you a son by her” (Gen. 17:16). Abraham considered this so unlikely that he laughed. But God was faithful to His word. Sad to say‚ our world increasingly places little value on words. We’ve seen politicians retract campaign commitments once they take office. And though people swear to tell the truth in court
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CONTRACT AND RELATED OBLIGATION Prof. Hillman I) Theories of Obligation A) CONTRACT: Agreement with Consideration – Bargain Theory of Consideration Definition: A promise that is supported by consideration because the promisor gets something (extracts) from the promissee in exchange for the promise. Ex: I tell Alice I will sell her my piano for 400 dollars and she agrees. I promised my piano in exchange for something (400 dollars) therefore my promise is enforceable. 1) Bargained
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Breach of Confidentiality Advanced Healthcare has strong emphasis on patient satisfaction‚ convenience and patient privacy. Advanced Healthcare has an EMR and LIS. Advanced Healthcare is a mid-size clinic with an Urgent Care Clinic. The staff in smaller clinics often has multiple functions. The employee involved was a lab tech who generally worked nights and weekends to support Urgent Care. She had access to Electronic Medical Record to be able to search for lab orders. During implementation phase:
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Did Win breach his fiduciary duty to Hailey? Fiduciary Duty Cal Family Code § 721 A husband and wife owe to each other a duty of highest good faith and fair dealing‚ and neither shall take any unfair advantage of the other. The duty is including but not limited to‚ providing each spouse access to records regarding transactions and accounting information‚ concerning the community property. Cal Family Code § 1100 (e) Each spouse has an obligation with respect to the management and control of the
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contract law agreement: objective test of intention to agree offer must be matched by other’s acceptance requirement of certainty of agreement parties have intention to create legal relations enforce promise: consideration promise is contained in a deed promissory estoppel (claimant has relied on defendant’s promise) reliance theory: consistent with the harm principle (prevent harm on others) restitution interest
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Nd Contracts Outline Professor Murray 1. Contract Remedies (Chapter One) What is a contract?- promise or set of promises‚ for breach of which the law gives a remedy or the performance of which the law recognizes as a duty. Types of contracts- a. express: formed by language‚ oral or written b. implied: formed by manifestations of assent other than oral or written language; by conduct. c. quasi: not contracts at all‚ construed by courts to avoid unjust enrichment‚ by permitting plaintiff
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Introduction……………………………………………………………………………………………3 2. Contract………………………………………………………………………………………………..3 3. Government Contract………………….………………………………………………………………3 4. Contracts and Government Contracts…………………...……………………………………………..4 5. Formation of Government Contracts…………………..…………………….………………………...5 6. Doctrine of Executive Necessity in Government Contracts………...………………………………....6 7. Doctrine of indoor management in Government contracts……….………………………………….8 8. Implied Contract with Government……………………………………………………………………8
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BREACH AT X • What are the people‚ work processes and technology failure points that require attention? • What practices led to the security breach in TJX and why did such a smart andprofitable organization as TJX face such a situation? • Was TJX a victim of ingenious cyber crooks or did it create risk by cutting corners? Background a. Describe the company/department History 1. TJX was the largest apparel and home fashion retailer in United States
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