IRAC Example 2: Hilift Pty Ltd (Hilift) owns an industrial crane. Hilift employs two crane operators‚ Elwyn and Osman‚ who each work 4 hour shifts. In May 2008 the owner/builder of a new apartment block hires Hilift’s crane and operators for two weeks to lift building materials to the upper floors of their building. At the end of the first shift on the 10 May‚ Elwyn notifies the manager of Hilift that the crane is not performing properly and that it needs looking at. The manager contacts the
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Week 3 IRAC Assignment Micah Flores LAW/421 January 7‚ 2014 Dr. Mark L. Pugatch‚ BS‚ MBA‚ JD Week 3 IRAC Assignment Issue: Has there been a violation of Li’s Constitutional rights? Have there been any tort offenses committed? Whom may Li/Li’s parents file an action against in order to achieve a deep pockets recovery? Rules: Li Intentional infliction of emotional distress False imprisonment Negligence Li’s Parents Respondeat Superior Scienter Mr. Billups Assumption of risk
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Anne Bustamante | Gela Gaffud | Noel Geologo | Kaye Rosario| Karen Umangay Narra v Redmont G.R. No. 195580 April 21‚ 2014 Facts: Respondent Redmont Consolidated Mines Corp. (Redmont)‚ a Filipino corporation‚ wanted to undertake mining activities in Palawan but discovered that the areas it sought to explore were already covered by the Mineral Production Sharing Agreement (MPSA) applications of petitioners Narra Nickel Mining and Development Corp. (Narra)‚ Tesoro Mining and Development‚ Inc. (Tesoro)
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The preliminary issue in the question is fast food restaurant is vicariously liable for the Cathy’s negligence. Since the concerns about the law of tort‚ the following analysis will focus on the possible tortuous liability instead of the potential breach of the contractual obligation and the criminal acts. In principle of vicarious liability‚ to make an employer liable for a wrong committed by an employee‚ the plaintiff must establish that: 1. defendant is an employee ( as opposed to an independent
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Legal studies Introduction Negligence is a failure to take reasonable care to avoid causing injury or loss to another person (Law Hand Book‚ 2013). Negligence can be used when a party has experienced loss or damage from the wrongful actions or omission to act of another individual. This principal can be found in The Civil Liability Act 2003(Qld). The following report will examine the tort of negligence While analyzing the case study of Mr. Jones vs Blue Board Production and will provide an evaluation
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The duty of care has been breached Law 02 the second sttage of negligence You have not started this quiz yet. You have 17 questions to answer. ------------------------------------------------- Top of Form 1. Breah of duty is the second stage of negligence. We can prove if there was a breach of duty by using the ’............’ test * reasonable person * reasonable man * degree of risk * standard of care 2. In this test there is an ’.........................
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IRAC/CRAC What is it? • Issue‚ Rule‚ Analysis‚ Conclusion OR Conclusion‚ Rule‚ Analysis‚ Conclusion • Method for organizing legal analysis so that the reader can follow your argument • Especially helpful in writing exams (IRAC) and legal memos (CRAC). How to do it? As an example‚ we will look at whether someone can sue for battery as a result of inhaling second-hand smoke. The issue we will look at is whether there is contact‚ which is required for a battery claim. Issue
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WEEK 6 IRAC Brief Law/531 November 17‚ 2014 Explanation This paper will explain regulatory compliance requirements for business situations for both domestic and international businesses. It will also evaluate legal risks associated with domestic and international business activity and explain how this can be applied in a business managerial setting. The two cases chosen deal with Facebook and suits that have happened domestically and internationally to show and explain the difference between international
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bonding time between baby and parent if stay together. Another negligence happen is nurse did not do the assessment to the baby due to parent is the first person notice of changes of baby hands but not a nurse in charge. Third‚ the nurse in charge did not take the first action by notice of baby hand already turned bluish and cold to touch which is indicate of lack of blood circulation. Element of malpractice Malpractice is a type of negligence‚ which is a licensed professional‚ fails to provide services
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Unintentional torts arise when an act or omission triggers unintended injury or harm to another person. Negligence and malpractice fall under unintentional tort. Malpractice and negligence are very similar. Negligence is failure to do something that a reasonable person would do in similar circumstances‚ or doing something careless that a reasonable and prudent person would avoid doing (Burckhardt & Nathanial
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