------------------------------------------------- Question 1 Based on the question‚ the issue in the question is will there be a contract of sale of goods act 1895(SA) under s 1? Hence‚ the law is s 1 where a contract of goods is a contract whereby the seller transfers or agrees to transfer the property the goods to the buyer for a money consideration based on the case Toby Construction Products Pty Ltd v Computer Bar Sales Pty Ltd. The application is under s1 sale of goods act there is a contract form between me and Mandela where I have
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To: Judge Wannabe From: Suzi Homemaker Re: Jim Peters Negligence Lawsuit Date: September 22‚ 2014 SUMMARY OF FACTS Melissa Gilbert of Gravel is Us of Cleveland Ohio‚ has a contract with the State of Ohio do road repairs on I-90. Gravel is Us closed down the road and commenced dynamiting procedures. The company posts a guard and one sign on the highway to make sure that no cars enter the area. The guard fell asleep on the job; Jim did not see the sign and drove into the dynamiting zone where he suffered
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Wal-Mart because they have the “deepest pockets” and would most likely be the only defendant with enough money to pay out compensation. Wal-Mart would be vicariously liable for Dales actions. b) The causes of action taken on Dale are the tort of false imprisonment‚ the tort of assault and battery‚ and negligence. If the customer‚ Bob‚ has not stolen any goods there is no justification for holding Bob. Bob was intentionally restrained against his will‚ and there was no lawful reason to do so. This restraint
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LA110 Torts and Litigation I Week 4 Homework Assignment Part 2 Assignment: Answer all questions in paragraph format. Chapter 9 page 143: Review Questions 1 - 15 1. A vicarious liability is one person or a third party‚ may be found liable for the act of another or shares liability with the actor. 2. Imputed negligence is places upon one person responsibility for the negligence of another. 3. A respondent superior is a master liable in certain circumstances for the wrongful acts of his
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PA-310 Unit 1 Causes of Action Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others. Tort law only requires 4 elements to be shown. The first one is that the tortfeasor owes the injured party a duty to do something or not to do something; two is that tortfeasor breached the
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The aim of tort law is to compensate the claimant and to deter defendants’ discuss whether the rules of causation and remoteness of damage fulfil this aim. The rules of causation state that the claimant has to prove that the defendants breach of duty was the factual cause of material damage‚ when considering the facts of Barnett v Chelsea & Kensington Hospital Management Committee (CKHMC) where the claimants husband became ill after drinking tea which had arsenic‚ when taken to hospital‚ the doctor
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lied to by the government and their parents during the 1910s and World War I. With the reintroduction of the car‚ the youth rebelled against their parents and standards previously created. Other minorities also began to change. The women of the 1920’s wanted more rights‚ which they received when Congress amended 19th Amendment to the Constitution in 1920. When women gained the right to vote‚ they had more freedom than ever. Another aspect people do not think about in the Roaring Twenties was the innovation
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Wilson & Clyde Coal Co. Ltd V English (1938). Common law duties were then set to provide and maintain: Safe place of work‚ safe means of access/egress Safe systems of work Safe appliances‚ equipment and plant Competent and diligent people - selection‚ training and supervision THE TORT OF NEGLIGENCE - breach of common law legal duty of care to exercise reasonable care towards others‚ resulting in loss‚ damage or injury. Key defining case - Donoghue V Stevenson (1932). Three
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logan 2e 00 fmt 2004-1-6 12.38p Page i North Carolina Torts logan 2e 00 fmt 2004-1-6 12.38p Page ii logan 2e 00 fmt 2004-1-6 12.38p Page iii North Carolina Torts second edition David A. Logan Roger Williams University Ralph R. Papitto School of Law Wayne A. Logan William Mitchell College of Law Carolina Academic Press Durham‚ North Carolina logan 2e 00 fmt 2004-1-6 12.38p Page iv Copyright © 2004 David A. Logan Wayne A. Logan All
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INTRODUCTION Determining whether Mr. Fullman has an actionable claim under the Alien Tort Statute (“ATS”) and whether the Fourteenth Circuit has jurisdiction over this matter can be determined by the same answer. If Lansdale can be held liable under the ATS‚ the Fourteenth Circuit has jurisdiction. If suit is barred against Lansdale‚ due to his status as a corporation‚ the Fourteenth Circuit lacks subject-matter jurisdiction and‚ thus‚ the case must be dismissed. The Supreme Court has not determined
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