TORTS EXAM 2 STUDY GUIDE NEGLIGENCE • Negligence: The failure of individuals to appreciate the risks caused by their conduct. • Synonymous with carelessness did not intend to cause harm to Plaintiff • To determine whether negligence exists‚ must ask: 1. Was the Defendant’s conduct unreasonable? 2. Did the Defendant cause the Plaintiff’s injury? Elements of Negligence: 1. Duty by the Defendant to the Plaintiff 2. Defendant breached the duty of reasonable care 3. Defendant’s actions were
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in Tainan of Taiwan"‚ The Business Review‚ Cambridge‚ vol. 8‚ no. 2‚ pp. 100. With the promoting of the concept of sustainable development and ecological design‚ developing ecological community has become an important policy goal in Taiwan. However‚ how should the concept of ecological communities be promoted to the potential homebuyer’s remains an unanswered research question? This paper explores a marketing approach for promoting the concept of ecological communities. Through an examination of the
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Tort reform refers to the proposed changes in the common law civil justice systems that would reduce tort litigation and/or damages. Tort liability imposes significant cost on society. In 1991‚ US has spent a total of $131.6 billion on tort litigation‚ which is approximately 2.3% of the gross domestic product (GDP)1 Studies have shown that the citizens pay a tort tax of $1200 per individual or nearly $5000 for a family of four. 2 Today‚ tort reform is a contentious political issue and its advocates
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the topic of -- Does the peaceful resistance to the laws negatively or positively impacts a free society? The answer for this question depends on how a person thinks about his /her government. In my opinion‚ peaceful resistance to the laws positively impacts the society. I can give one major reason for my this opinion. If the government makes any law which is not beneficial for the citizens and other people who are living in a country then peaceful resistance to those laws would be a very
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liable bec: (1) he actively managed the business; (2) there was evidence that CFTI obtained reasonably adequate insurance; and (3) there was a corporate tort in this case. Our jurisprudence is wanting to the definite scope of “corporate tort.” Essentially‚ “tort” consists in the violation of a right given or the omission of a duty imposed by law. Simply stated‚ it is a breach of legal duty. PHILIPPINE NATIONAL BANK‚ petitioner‚ vs. THE COURT OF APPEALS‚ RITA GUECO TAPNIO‚ CECILIO GUECO and
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“Contract law and Tort law are like cheese and biscuits‚ different but complementary” (Holyoak 1983). A contract is an agreement between two parties that is legally enforceable. Contract law outlines the duties and responsibilities to one another‚ what a person can and cannot include in a contract and the remedies for breach of their contractual duties. Elements of a contract are offer‚ acceptance‚ intention to create legal relation‚ consideration‚ capacity of the party to contract and legality
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Hammurabi’s code had a great impact on the laws and morals of our own Canadian Legal System. Hammurabi’s code consisted of 282 provisions‚ systematically arranged under a variety of subjects. He sorted his laws into groups such as family‚ labor‚ personal property‚ real estate‚ trade‚ and business. This was the first time in history that any laws had been categorized into various sections. Our own government‚ duplicating this method‚ currently creates specific laws‚ which are placed into their appropriate
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damage to property or equipment‚ or loss of output‚ or all three. DANGEROUS OCCURRENCES - these are events or situations that could harm employees at work in such a way that there is a legal requirement to report them. If something happens which does not result in a major injury‚ but clearly could have done‚ it may be classed as a dangerous occurrence. NEAR MISSES - these are any form of accident which could result in injury or loss but do not. HAZARDS - a situation with the potential to
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Tort Law Generally Standard of Care * (SoC) -Harm is required for a tort & is about vindicating individual rights & redressing private harms Motion to Dismiss/Demurrer: Filed by ∆‚ says to the judge that even if all the facts are taken as true‚ there’s no case Motion for Sum Judg: Usually motion by ∆‚ submit mostly after new facts arise from disco; filed w/ notion that facts are undisputed & that legal rules applied to facts would find for moving party (judge only) Object to Evidence & Offer
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Describe how your two chosen businesses are organisational structures‚ local vs national; structure‚ store structure‚ functional areas and what they do. (p3). Functional areas in a business are basically like departments so that the business can run nicely‚ because if there were not functional areas in a business then the business would not be able to run properly and the business itself would not be able to succeed at achieving its aims and objectives. The functional areas in a business can actually
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