TORTS – INTENTIONAL TORTS PRIMA FACIE Battery is the (1) intentional infliction of (2) a harmful or offensive (3) contact. Offensive includes acts damaging to a “reasonable sense of dignity.” No knowledge of contact is required. (Rationale: protection of personal integrity. Freedom from intentional and unpermitted contact. Offensive harm included b/c of mental injuries). ▪ To have a claim of battery‚ there must be a claim of fault‚ negligence‚ or wrongdoing on the part of
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in the business of receiving deposits (liabilities) and to issue debt securities on one hand and create or invest in assets on the other hand during these transactions banks incur costs for their liabilities and earn income from their assets. Asset – liability management is therefore very critical for the sound management of the finances of any organisation that invests to meet its future cash flow needs and capital requirements. An efficient asset-liability management requires maximising the bank’s
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GROUP ASSIGNMENT 8: Tort of Negligence Issue 1: Chew’s Losses - $300‚000‚ Anxiety‚ Medical bills and the Closure of his stall. Suing Chew under misrepresentation A special relationship between Chew and Don [Hedley Byrne v Heller] Representor has reasonable grounds to believe his statement was true. Is a term; as Chew would not invest in the bonds if not for Don’s words. Sue for negligent misrepresentation (Using “But-for” test to assess damages) Suing under the Tort of Negligence‚ Chew has
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Tort Law Report Terms of Reference This report is about the function of Tort Law and the responsibilities of an employer as an owner of work premises and work when working on a building site as well as legal responsibilities as an employer for his employees and their actions. The following areas have been researched: 1. General tortuous liability and contractual liability 2. Liability applicable to the owner of premises 3. Vicarious Liability and Health and Safety
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potential liability (negligence or other torts) of the various parties in the scenario involving but not limited to Bobby‚ ACE Sports‚ the nurse‚ the surgeon and City General. (Avoid simply restating the facts/scenario. Incorporate them into your discussion.) 2. Be sure to discuss the elements of negligence as they apply to each party separately‚ and also discuss the application of EMTALA. 3. Define comparative negligence and discuss its application to the analysis of liability. 4
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This is a case analysis with the help of my good friend Jewel Kristian Taino of DLSU-MBA taking Strategic HR. Background and Facts of the Case ARISE is a Destination-for-a-day spa that provides service with an emphasis on the health benefits of a spa treatment‚ fitness and well-being. The spa opened in May 11‚ 2009 which was founded by Kristen Chambers‚ a devotee of spa treatments herself. The business originated from a company named ABROAD‚ an international travel company in 1999 which was then
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work after he received and read the employee manual. This implied that he agreed with the terms of the employment manual. 2. In part of the case not included here‚ the court notes that Mr. Woolley died “before oral arguments on this case.” How can there be any damages if the plaintiff has died? Who now has any case to pursue? The executor of Mr. Wolley’s estate could continue the lawsuit and proceed with the case in the name of the plaintiff. If any damages were awarded they would be distributed
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Review June‚ 1997 W. Page Keeton Symposium on Tort Law MIXED THEORIES OF TORT LAW: AFFIRMING BOTH DETERRENCE AND CORRECTIVE JUSTICE Gary T. Schwartza Copyright (c) 1997 Texas Law Review Association; Gary T. Schwartz Introduction Currently there are two major camps of tort scholars. One understands tort liability as an instrument aimed largely at the goal of deterrence‚ commonly explained within the framework of economics. The other looks at tort law as a way of achieving corrective justice between
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certain circumstances a person who is not at fault can be held liable for the delict of another. This usually occurs in partnership‚ agency‚ motor car accidents and employment‚ these are instances where there is a special relationship between the person held accountable and the person who committed the delict which provides allows for the former to incur the liabilty. The object of this assignment is to explain the principle of vicarious liability and show which instances it applies to. Reference
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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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