Section A Question 1) a) In the case of Donohue v Stevenson[1]‚ Donohue won the case. The ratio decidendi in the case was that the liability of negligence did not depend on the contractual relationship and that Stevenson owed the duty of care to Donohue as a manufacturer‚ not to cause foreseeable injuries to the users of the products. As there was an owed duty‚ Stevenson failed to practice the appropriate standard of care and in turn‚ the negligent act had caused the injuries to Donohue. Therefore
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NEGLIGENCE DEFINITION A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions‚ but can also consist of omissions when there is some duty to act (e.g.‚ a duty to help victims of one’s previous conduct). OVERVIEW Primary factors to consider in ascertaining whether the person’s conduct lacks reasonable care are the foreseeable likelihood that the person’s conduct will result in harm
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A place I would like to live would be Tennessee on Norris lake. I think that would be the best place to live because when you’re on the lake you’re calm and relaxed‚ you don’t have a care in the world you can wake up whenever you want and go down to the lake and swim‚ or take the boat out and tube. I would want to live anywhere where there is a lake just because there is so much to do while being relaxed while having fun‚ Just being able to be out in the sun and the water whenever you feel like it
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The different between negligence and fraud is intention. The critical issue in this case study is the responsibility of auditor. Should Ernst & Ernst be civilly liable for defrauded investors of First Securities Company of Chicago under Securities Exchange Act of 1934 under Rule 10b-5. According to Securities Exchange Act of 1934 under Rule 10b-5‚ plaintiff which was the defrauded investor Hochfelder needed to prove that Ernst & Ernst intentionally manipulate the escrows investors
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arguments put forward by President Wilson and Senator Norris I believe President Wilson made a better case‚ albeit by a small margin. The reasons I believe this are the following: first‚ Wilson touches on how Germany broke it`s word after promising to stop unrestricted submarine warfare‚ and resumed unrestricted warfare against neutral ships. Senator Norris makes an argument for this as well stating that the British have also violated international law by mining waterways. However‚ no major incidents
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specifically states that an arrest warrant must be based on probable cause and supported by oath or affirmation (Hall‚ 2014). It further stipulates that people to be seized must be specifically addressed in the warrant (Hall‚ 2014). In a 1980 case law‚ Payton v. New York‚ an arrest warrant allows an officer to enter a home to effect an arrest as long as there is reason to believe
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7-Felthouse v Bindley (1862) 11 CBNS 869 (CCP) Summary: • “For a contract to come into existence‚ the offeree had to communicate his acceptance of the relevant offer to the offeror.” • This means that for a contract to come into play it has to be a bilateral agreement. One party cannot decide to enter someone else in a contract. Also‚ the case implies that changes in a contract nullify prior acceptances- if the contract changes‚ you need to agree the terms again. The Case: • F[elthouse]
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Jessica Norris Persuasive Speech Speech Outline Specific Purpose Statement: To Persuade my audience not to speed. Introduction I. When speeding you will eventually meet a cop or the grave. II. Speeding is a cause of many car accidents and I am here today to tell you the fines and result statistics of speeding. III. I have done extensive amounts of research and talked to cops about speeding therefore I am qualified to give this speech. IV. Everyone has either seen a car
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The article "Nursing Home Neglect" is about ways someone working in a nursing home can prevent negligence from happening. Negligence is failure to do a task or a failure to do a what a reasonable and careful person would do in certain situations. These types of incidents are increasing. The article is also about how you can prevent it from happening and the warning signs of negligence. In this article‚ they go into depth on the different types of neglect. There are different primary types of neglect
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d. Elements of Negligence The four elements of negligence must be present in order for a plaintiff to recover damages cause by negligence. These are duty to care‚ breach of duty‚ injury‚ and causation. In duty of care‚ there must be an obligation to conform to recognized standard. In breach of duty‚ there must be a deviation from the recognized standard of care and there must be a failure to adhere to an obligation. In injury‚ there must be actual damages. And lastly‚ in causation‚ the departure
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