Using the IDEA structure for Criminal Law application questions – example answer. In response to questions from the Jan’ ’10 exam. 1bi) “Discuss the criminal liability of Ashok for the incident at the traffic lights.” * Identify and Define Ashok could be criminally liable for the common law offence of assault; an assault takes place when the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful violence. * Explain Actus Reus and Mens Rea The actus reus
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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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Employers 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
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Issue #1 The issue is whether the UCC applies to the offer made by Fountain Products. Rule The UCC governs transactions in goods‚ which are all things that are tangible and movable at the time of identification to the contract for sale‚ and the common law governs transactions involving services provided by professionals. When there is a mixed contract involving both goods and services‚ most courts use the predominate factor test to determine if the contract is predominately for a good or a
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Professional Liability There have been many changes in how healthcare is delivered today as opposed to how it was delivered decades ago when our parents were young. Many years ago there was a close relationship between a doctor‚ patient‚ and pharmacist. There was a considerable amount of trust given to the healthcare professional. They took the time and patience to make sure that their patient received the highest quality of care. Today‚ the healthcare industry is not as personable
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liable. Nurses may also be liable if they failed to check on the activities of Mr. Jones for several hours. He may have been placed on suicide precautions‚ which means he would require constant supervision. Gerardi‚ D. (2007). Elopement: Spotlight case. Retrieved from
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The Exclusionary Rule and Civil Liability Mark McCormick Kaplan University CJ-299 Professor Donna Yohman August 30‚ 2014 In 1914‚ Weeks v. United States was decided by the Supreme Court. In Weeks‚ the Court made a landmark decision relating to illegal search and seizure by law enforcement called the Exclusionary Rule. The Exclusionary Rule provided that evidence “illegally seized by law enforcement officers in violation of a suspect’s right to be free from unreasonable
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Learning Team B Reflection: Week 3 IRAC Brief Learning Team B: Rhea Carson‚ Elspeth Flynn‚ Matthew Cable‚ Dusty Henson‚ Joseph Spurling LAW531 October 21‚ 2014 Janice Scott IRAC: Kirtsaeng v. John Wiley & Sons Case Kirtsaeng v. John Wiley & Sons Issue Whether first-sale doctrine codified in 17 U.S.C. § 109(a) is applicable to John Wiley & Sons copyrighted works manufactured and bought abroad‚ resold in the United States by Kirtsaeng without the owner’s permission. Is this a violation of the Copyright
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to land to enhance the land in some way.” Nikolas James‚ Business Law‚ 2012 (1st) Edition (p. 444). Fittings are objects attached to land or buildings that are not Fixtures. The Case Law relevant to fixtures and fittings is the case of Australian Provincial Assurance Co Ltd Vs Coroneo (1938) 30 SR (NSW) 700. The case involved the selling of a theatre and the court was to decide which assets were fixtures and which were fittings. The court decided that a switchboard & projector were permanently
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A liability hazard or risk emerges from any activity obliging somebody to pay remuneration for another’s misfortune. However this originates from break or breach of some legitimate commitment. Liability tenets or rules are those figured in delict. There are a few basis utilized by insurers as a part of underwriting liability protection these incorporate the accompanying beneath. Causation Basis By utilizing the causation basis the occasions that cause the misfortune or loss must occur amid the time
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