activities that are a risk to others and to restore the injured party to the position he or she was in before the injury. Definition of tort- intentional or unintentional injury to victim’s body‚ mind‚ property‚ and pocketbook. Essential elements of negligence (4) 1) a duty of care owed by the defendant‚ 2) breach of the duty of care‚ 3) injury to the plaintiff‚ 4) proximate cause between the breach and the plaintiff’s injury 8 intentional torts- Assault‚ battery‚ trespass‚ conversion‚ false imprisonment
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TYPE OF SPEECH: INFORMATIVE SPEECH TOPIC: Child Abuse Facts for Parents PURPOSE: The purpose of this paper is to reveal the shocking features of child abuse that exposes various factors responsible for physical‚ sexual‚ emotional and neglect abuse of children which haunts and shatters their physical and emotional world. AUDIENCE: PARENTS BODY OF THE PAPER Child abuse is very widespread and familiar happening. In today’s situation‚ it has become
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Midterm Essay Tort Law Torts and Defenses FACTS: Teenage Son has borrowed parent’s car one evening. First‚ he dropped by his girlfriend’s house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine‚ and your son‚ not one to be intimidated‚ yelled out the window that he would run over her father if he did not get out of the way. The father‚ who doggedly stood his ground until the last
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Table of Contents Introduction Accountants’ Liability to the Client and Third-Party A) Breach of Contract B) Ordinary Negligence (Accountant Malpractice) C) Fraud a. Constructive Fraud (Gross Negligence) b. Actual Fraud Accountants’ Liability under Common Law for Third-Party A) The Near-Privity Doctrine B) The Restatement Doctrine C) The Foreseeability Doctrine D) The Balancing-Factors Doctrine Accountants’ Liability under Statutory Law Third-Party A) Securities Act of 1933 B) Securities
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defendant regardless of the defendant’s level of culpability. True False 4. Strict privity is the relationship of parties who enter into a contract together. True False 5. The restatement of torts extends liability for ordinary negligence to "foreseen" third parties who may not be explicitly known to auditors. True False 6. The Private Securities Litigation Reform Act deals with lawsuits in both federal and state courts. True False 7. Legal liabilities of
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Tutorial letter 202/1/2014 The Educator as Leader Manager and Administrator Department of Educational Leadership and Management This tutorial letter contains important information about your module. EDLHODM Semester 1 2 CONTENTS Page no 1 SECTION B: INTRODUCTION TO SOUTH AFRICAN EDUCATION LAW…………………………..….3 2 EXAMINATION PAPER: SECTION B: INTRODUCTION TO SOUTH AFRICAN EDUCATION LAW ...6 3 MEMORANDUM OF ACTIVITIES INCLUDED IN THE STUDY GUIDE…………………..…………......8 4 A FINAL
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Liability and breach of statutory duty Employers liability have both a common law and statutory aspect. Common law = found in tort of negligence. Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability) Common Law Basic duty owed at common law by an employer to an employee is founded on the tort of negligence. Authority derives from: Wilsons and Clyde Coal v English [1938] AC 57 Employers have the duty at common law to take reasonable care for its
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Valdez v. J. D. Diffenbaugh Co.‚ 51 Cal. App. 3d 494‚ 124 Cal. Rptr. 467 (1975). Negligence has four causes of actions that all must be proven for there to be negligence. The elements of a cause of action for negligence are 1) a legal duty to use due care‚ 2) a breach of that duty‚ 3) a reasonably close causal connection between that breach and the plaintiff’s resulting injury‚ and 4) actual loss or
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The Dustin Soldano v. Howard O’Daniels case models the common dispute between negligence and a party’s responsibility in an event. Likewise‚ chapter 1 of the Legal Environment textbook features Kuehn v. Pub Zone‚ a case that demonstrates a different scenario but the same battle of negligence and liability. The commonalities between the two cases support one another in the demonstration of the judges’ decisions as well as contribute to later common law. In the beginning of chapter 1‚ Beatty asks
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A. Introduction Joe (“J”) is attempting to sue Dazzle Dry Cleaners (“D”) for compensation for the loss occurred due carelessness of D. D will defend itself likely by proving exclusion clause as a part of the terms of its contract with J. In order to advice J it necessary to determine whether the clause has a contractual effect. Secondly it is necessary to determine the terms of the contract and analyse if creation of such clause protects the party relying on it from the consequence of breach
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