A brief introduction of People’s Republic of China’s Tort Law Student Name: QIAN‚Xin Group: MLM09-01 Student Number:0892439 Table of Contents Background The Tort Liability Law of the People’s Republic of China (‘Tort Law’) which was passed on December 29‚ 2009‚ came into effect since July 1‚ 2010. It is believed that more and more public affairs could damage civil benefits as a result of the rapid development in china’s economy and society. As the response
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The law places a limit upon the extent to which the defendant is liable for the loss which occurs from his breach of a duty of care to the plaintiff‚ once it is established that the loss sustained by the plaintiff is one recoverable in negligence. The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law. The test is carried out to protect the defendant in breach of their obligations from unusual or unexpected claims
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Recognizing and Minimizing Tort & Regulatory Risk Plan The purpose of the Recognizing and Minimizing Tort and Regulatory Risk Plan to explain how regulatory risks and common torts describe specific measures on how an organization can manage and minimize each individual risk. The preventive‚ detective‚ and corrective measures for each are explained below. The situation in the Business Regulation Simulation is that Alumina Inc. was involved in some regulatory issues and Alumina Inc. social responsibility
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September 16‚ 2006 Worksheet 1 EMPLOYMENT TORTS Employer’s Liability 1. Introduction The basis of the liability of an employer for negligence in respect of injury suffered by his employee during the course of the employee’s work is twofold: 1. He may be liable for breach of the personal duty of care which he owes to each employee; 2. He may be vicariously liable for breach by one employee of the duty of care which that employee owes to his fellow employees. The action against
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Plan for Minimizing and Managing Tort Liability Arising out of Regulatory Risks Regulatory risks are risks associated with the failure to comply with a whole host of governmental regulations. Such risks impact a company’s existing assets‚ earnings‚ and often‚ reputation. In the context of tort liability arising out of non-compliance of government regulations‚ it is in every company’s business interest to allocate resources to identify those risks‚ and to implement action plans to avoid
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This case is in regards to the tort of negligence‚ with the central issue being causation. With the evidence provided‚ it is necessary to determine whether Vera and PC Webster are owed a duty of care and subsequently have any claims. Firstly‚ the ’but for’ test is to be applied‚ in which the courts ask: ’but for the defendant’s action‚ would the damage have occurred?’ The courts have accepted that drivers automatically owes a duty of care to every other road user ‚ including pedestrians. Jack’s
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a. The application of English Law in our legal system. English Law is part of Malaysian law. The definition of law in Article 160 of the Federal Constitution includes ‘the common law in so far as it is in operation in the Federation or any part thereof’. That qualification concerns the extent to which English Law is applicable in Malaysia. First‚ we will discuss on the meaning of ‘sources’. Historical sources is the factor which influenced the development of law in religious and custom. Law
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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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may apply (repose‚ limitations) 5. Survival action: an action the decedent had before his death that is brought by his executor/administrator on behalf of the estate 6. Felony-Merger Doctrine: CL does not allow recovery for an act that was both a tort and a felony‚ but it is allowed under modern US law 2. Selders v. Armentrout a. Facts: 3 minor children killed in a car accident b/c of D’s negligence b. Issue: How should damages for wrongful death be calculated? c. Damages i. Traditional Rule:
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* A tort (in French‚ meaning “wrong”) is a wrong or injury to another than a breach of contract I. Introduction to Tort Law * Tort Law’s primary objective is to provide compensation for injured parties. * Secondary objective is that it discourages private retaliation by injured person’s and their friends * Third objective is that it satisfies our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating those
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