TRESPASS TO LAND BUKIT LENANG DEVELOPMENT SDN BHD v. TELEKOM MALAYSIA BHD & ORS [2012] 1 CLJ FACTS The plaintiff purchased a land from Oakfield Enterprises Sdn Bhd through a sale and purchase agreement dated 15 May 1996. The plaintiff was aware at that time of the presence of squatters on the land. Following the said purchase‚ the plaintiff commenced eviction proceedings against the squatters and succeeded in obtaining judgment where the court ordered that the squatters surrender vacant possession
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Recognizing and Minimizing Tort and Regulatory Risk Plan Karla Ann Lewis Individual Assignment Professor James Eisneman University of Phoenix December 14‚ 2010 Recognizing and Minimizing Tort and Regulatory Risk Plan This regulatory risk plan will recognize the most common torts and risks that are associated business regulation simulation that the learning teams of this course studied. This risk plan will also include how regulatory risks will be identified and analyzed through preventive
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Tort Reform: The Destruction of the Civil Court System “If it ain’t broke‚ don’t fix it”. This informal maxim can be applied to countless situations‚ from car maintenance to business practices. It can also be applied to the idea of tort reform and its effect on the civil court system in the United States. ‘Tort reform’ commonly refers to “proposed changes to common law civil justice systems that would place limits or caps on tort litigation or damages to be awarded to a plaintiff” (“Tort Reform
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1. Which torts protect against the intentional interference with persons? The torts that protect against the intentional interference are the following: Assault which is an intentional‚ unexcused act that creates in another person a reasonable apprehension or fear of im-mediate harmful or offensive contact. Battery‚ that is an unexcused‚ harmful‚ or offensive physical contact intention¬ally performed. False imprisonment is the intentional confinement or restraint of another person without justifi¬cation
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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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defendant? There are three prerequisites must be present before the tort of negligence can arise: a duty of care must be owed by one person to another; there must be a breach of that duty of care; and damage must have been suffered as a result of the breach of duty. (FoBL‚ 2005‚ p70) In addition‚ another element must be satisfied to prove negligence is the causation. This essay will analysis Rebecca v. ‘Zorba’s’ with these four issues. IRAC Process No. 1 Does ‘Zorba’s’ Restaurant own a duty of care to
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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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IRAC Assignment Summary Iggy spent too much time drinking beer and playing darts‚ and result in spending too little time at the library studying. His parents want to know his Fall 2011 grades‚ and concern about whether stop supporting Iggy money. Issue The issue here is whether Iggy’s parents are entitled to the information strictly related to his grades. Rules According to FERPA: Once a student reaches 18 years of age or attends a postsecondary institution‚ he or she becomes an “eligible
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Definition: A tort‚ in common law jurisdictions‚ is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act‚ called a tortfeasor. Tort is derived from the latin word “Tortum”. Although crimes may be torts‚ the cause of legal action is not necessarily a crime as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit
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employer can be held liable for the torts of his/her employees. And after that I will focus on some of the reasons why one person is held liable in certain situations for the torts committed by another person. And then I will finally finish the essay with a conclusion at the end. Vicarious liability is where one person is held liable for the torts of another‚ even though that person did not commit the act itself. For an employer to be held liable for the tort of her/his employees‚ three conditions
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