faith and fair dealing in the banking relationship. Having to compare and contrast the differences between intentional and negligent tort actions. I’ll discuss the tort action of “Interference with Contractual Relations and Participating in a Breach of Fiduciary duty” and‚ if the bank I’ve chosen were to behave as JP Morgan did‚ would I be able to prevail in such a tort action. Lastly let’s discuss how banks have protected the software that allows for online transaction to occur through automation
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What is negligence? Negligence is a legal concept in the common law legal systems mostly applied in tort cases to achieve monetary compensation for physical and mental injuries. Negligence is a type of tort. "Negligence" is not the same as "carelessness"‚ because someone might be exercising as much care as they are capable of‚ yet still fall below the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls
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Business Regulation Simulation Torts can be purposeful or negligent‚ but ultimately result in some kind of damage. Within the business simulation from Harb‚ we could identify possible torts as a team. The torts we identified were: unsafe water causing leukemia‚ infliction of emotional distress‚ and the possibility of defamation of character. Many factors can contribute to the Enterprise Risk Management process; however‚ it is necessary to minimize the risks and organization encounters. The Enterprise
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By Florida State University September 9. 2014 History of Torts The Anglo- American tort goes back to the action for trespass to property or to that person. The late 18th century was when this first was observed the distinction between that which is unintentional and injuries that are willfully inflicted. Negligence was distingue as a different tort. The basic idea is today is that a breach of duty constitutes a tort. In American there are courts that treat unjustified and willful
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JPMorgan Chase Leg 100 Buss Law 1 Aug 11‚ 2013 In the summer of 2012‚ JPMorgan Chase‚ the largest leading U.S. bank‚ announced trading losses from investment decisions made by its Chief Investment Office (CIO) of $5.8 billion. The Securities and Exchange Commission (SEC) was provided falsified first quarter reports that hidden this massive loss. Discuss how administrative agencies like the Securities and Exchange Commission (SEC) or the Commodities Futures Trading
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Has WIRETIME‚ Inc.‚ committed any torts If so‚ explain. Scenario WIRETIME‚ Inc. (Janet) Has WIRETIME‚ Inc. committed any torts If so‚ explain. In this case Janet is working for BUGusa‚ the contract she signed will be valid for 2 more years. In the contract it states that Janet is not to work for any competitors wither it is if she breaks the contract by leaving the company or if she is fired. Both Janet and WIretime are guilty of breaking the contract. The Tort that has been committed is known as
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B: TORT AND CONTRACT What is a tort Tort = Civil Wrong Person who commits a tort = tortfeasor Claims for tort – made in the civil court Person who brings action = claimant Person who is sued in tort actions = defendant (previously plaintiff) Remedies in Tort Usually financial compensation Can seek an injunction prohibiting or restricting a persons tortious conduct. Important because.. Regulates the way individuals live and co-operate in society. Tort distinguished from crime Usually
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different types of legal protections and situations brought before BUGusa‚ Inc. Scenario: WIRETIME‚ Inc.‚ Advertisement WIRETIME‚ Inc. committed a defamatory tort which is “a civil wrong where one party has acted‚ or in some cases failed to act‚ and that action or inaction causes a loss to be suffered by another party” (Melvin‚ 2011‚ p. 208). A tort was committed because WIRETIME‚ Inc. made a statement that will hurt the reputation of BUGusa‚ Inc. The statement made is “a false and defamatory statement
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Section 8 lays out the powers of the federal congress. If not laid out‚ then it is reserved to the states (10th amendment) -Discrimination in Employment for example is a federal law State Law (ex. Tort law‚ contract law) - There are over 50 different contract laws. Every state has own contract/tort lsaws. CONSTITUTIONS: g Constitutions are government charters. g They create and empower the various branches of government. g In addition‚ they establish the rights and obligations of persons
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English law is made up primarily of Civil and Criminal Law. Civil Law is concerned with the the Laws of Tort and Contract. Civil law can be defined as that area of law which is concerned with private disputes that occur between individuals or between individuals and organisations and where a proceedings in court is initiated by the aforementioned. In contrast‚ criminal law seeks to punish those that has done wrongs against the community. For example‚ a person who decides to take the life of someone
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