Tort Law Reading Notes Week 1 Mon Sep 8 Damages pp697-729 - aim of damages: restore plaintiff to position he would have been had the wrong not occurred o as this is impossible in cases of personal injury‚ monetary compensation is used o total amount is the amount that will release the target amount over the given span of years - assessment is a matter if calculation‚ not impression (SCC 1978) - 3 probs: o 1) what kinds of items must a defendant compensate
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unless specifically provided in the various professional regulatory or other laws‚ the following terms shall be understood to mean: a) Accredited Professional Organization (APO) refers to a professional organization which may now or hereafter be accredited by the Commission. b) Board refers to a Professional Regulatory Board (PRB) created by law‚ decree‚ or other issuance pursuant to law to regulate a specific profession
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Helen Palsgraf‚ Respondent‚ v The Long Island Railroad Company‚ Appellant. Court of Appeals of New York Argued February 24‚ 1928 Decided May 29‚ 1928 248 NY 339 CITE TITLE AS: Palsgraf v Long Is. R.R. Co. [*340] OPINION OF THE COURT CARDOZO‚ Ch. J. Plaintiff was standing on a platform of defendant ’s railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station‚ bound for another place. Two men ran forward to catch it. One of the men reached the
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The Nature of Insurance came about to offset any loss that an individual or those engaged in business may suffer through the occurrence of some unforeseen event. To offset this loss the commercial world developed the contract of insurance. In return for a fee the individual‚ or the business enterprise‚ would be indemnified for the loss suffered on the occurrence of the event insured against. Contracts of insurance cover a wide field such as life assurance‚ personal accident public liability‚ damage
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Business Law Introduction A business consists of trade of any profession or vocation. Business law looks at the formation of the business and the contracts plus legislations within it. The body of a business has rules and regulations that business law enforces enabling it to govern the transactions between business entities. In relation to that is commercial law. Marketing‚ Bankruptcy‚ contracts and trade in general are all under commercial law. In this assignment I will be assessing that
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Criminal Law Notes Chapter 3-4: Corpus Delicti: 1) Act/Omission & 2) Criminal Agency Temporary Insanity does not apply in California. You must prove that you cannot understand right/wrong at the time of the act‚ and that you did not understand the nature/quality of the act. Must also prove insanity‚ otherwise you are considered sane. People who cannot commit a crime (PC 26): 1) Children under 14 2) Idiots – Mental Incapacity 3) Ignorance or mistake of fact 4) Unconsciousness of Behavior
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Question: In Baptist v. Sampson‚ the Texas Supreme Court did not agree with the appellate court that holding hospitals liable for the negligence of ER doctors should be a non-delegable duty. Explain why you agree or disagree with the Supreme Court. Under what theory can a hospital be held liable for the conduct of emergency room physicians who are independent contractors? You should be able to answer question three in no more than 2-3 pages. You need to discuss the theory of liability‚ what the
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Course: Business Law. (BUS205) Assignment Title: Introduction to Law and Contracts Assignment #: Module One Case Should Yahoo have been forced to turn over Justin Ellsworth’s email to his parents? One in our shoes would venture to say “No”. Yahoo took a very firm stand backing its privacy acts that all account holders are entitled to as email address holders by saying nothing but “No”. I‚ in my opinion will say that Yahoo acted with legal responsibility in backing
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Law 12 2012/2013 Criminal Quiz Summary Notes CRIMINAL LAW I know it’s illegal‚ but is it a crime? Many things are illegal: jay-walking‚ speeding‚ or setting up a clothes line outside to dry your laundry (in West Vancouver)‚ but they aren’t necessarily crimes. What then makes something a crime? Criminal Law Criminal law deals with offences committed against society (often these appear to be against individuals). The purpose of criminal law is to keep order in society and deter the committing
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body of laws governing compensation in tort law has substantially transformed from its common law origins. In the course of what many have advocated in the name of "tort reform‚" more than half of the United States have revised‚ or attempted to revise‚ one or more aspects of tort liability and damage principles to a greater or lesser degree. Tort law is‚ of course‚ constantly evolving; everyday in courts across the country‚ judges‚ attorneys and jurors are making and reshaping the law. Despite
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