Q.1 Define Tort and explain its essential elements. Distinguish Tort from breach of contract and Crime. Ans. The term “Tort” has been derived from the Latin term “Tortum” which means to twist.It means twisted‚ crooked‚ unlawful‚ or a wrongful act rather than an act which is straight or lawful. Tort may be defined as a “Civil Wrong” which is repressible by an action for unliquidated damages and which is other than a mere breach of contract or breach of trust” Tort is a civil wrong as opposed
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each part relevant to the understanding of responsibility and liability in the company by the company management. Introduction- will provide some information in the relation to the financial information. Why do we need it and how it has been develop across the years? It will also provide the base understanding of why we need the financial report and how he affects the responsibility or the liability of the company management. Liability versus responsibility- will provide some basics understanding
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Contingent liabilities are possible future liabilities that will only become certain on the occurrence of some future events. A contingent liability is less certain than a provision‚ the latter is expected to recognize; however‚ a contingent liability might occur. An entity shall not recognize a contingent liability; nevertheless‚ the company should disclose it‚ as required by paragraph 86‚ unless the possibility of an outflow of resources embodying economic benefits is remote. Where an entity
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OCCUPIERS LIABILITY The occupancy of premises is affected by two statues: 1) The occupier’s liability act 1957. Under this act there is a duty to keep safe and lawful visitors to the premises 2) The occupier’s liability act 1984. Where an occupier may owe a duty to protect trespassers onto the premises. LAWFUL VISITORS A lawful visitor has permission to enter premises. This can be expressed permission of implied. There are four situations covering implied permissions: 1) If the occupier
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breaches his duty of care‚ as long as it can be proved that the defendant’s careless conduct causes damage‚ injury or loss to the plaintiff while the damages are foreseeable‚ the defendant will be liable to negligence. The following shows why ABC ltd is negligent and therefore liable to Johnny and Kenneth. Negligence is behavior that falls below the standard of reasonable‚ prudent and competent people. The careless behavior alone of the waiter would not incur liability to ABC ltd. Only when it leads to
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Controlling the Assault of Non-Solicited Pornography and Marketing‚ otherwise known as CAN-SPAM was established and signed by U.S. President George W. Bush in December 2003. The statement made is called defamatory statement which is “A false and defamatory statement concerning a party’s reputation or honesty‚ or a statement that subjected a party to hate‚ contempt‚ or ridicule. By doing this‚ WHIRETIME‚ Inc.‚ dissemination to a third party which is an “element requires that the statement must somehow
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The Intentional Tort An intentional tort requires intent to commit an act‚ the consequences of which interfere with the personal or business interests of another in a way not permitted by law. It does not have to be an evil or harmful motive behind the tort. As a matter of fact tort law says intent means that the person intended the consequences of his or her act and knew with certainty that certain consequences would result from the act. The tort I will be discussing is assault and battery.
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TDA 2 3.1 Identify the characteristics of different types of child abuse Abuse means any of the following acts which seriously endanger the physical‚ mental‚ or emotional health and safety of the child: The infliction‚ attempted infliction‚ or as a result of inadequate supervision‚ the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or caretaker. The exploitation or overwork of a child by a parent or caretaker. The involvement of the
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BUS 2100 – Business Law TORT REFORM Tort reform is a group of ideas and laws designed to change the way our civil justice system works. It’s designed to make it more difficult for injured people to file a lawsuit‚ make it more difficult for injured people to obtain a jury trial‚ and to place limits on the amount of money injured people receive in a lawsuit. In my opinion it’s just all a load of crap that takes a dump on our already sketchy legal system. It takes the rights of the people out of
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obtained over time. It’s the unifying idea that links together the functional areas of an organization. Therefore an organization cannot operate without a strategy. The essence of strategy is in choosing a unique and valuable position rooted in systems of activities that are much more difficult to match by competitors and therefore translating into sustainable profitability for the organization. Some organizations are successful while others fail. This success might be considered as luck or they might
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