Junyi Zheng Course MGNT3145 Professor.Toson Date 06/23/2013 Facts Mitsubishi has a contract with Crown Door Company which requires Mitsubishi to sell twelve boxcar loads of plywood to Crown and Mitsubishi should import the wood from Taiwan and deliver it to Crown’s plant in Atlanta.Mitsubishi shipped the wood from Taiwan to Savannah.However‚ in Savannah‚as the railroad was negligent in loading the train which caused the cargo to shift during the trip‚finally the wood got damaged. Issue The
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Scott entered into a unilateral contract with Hume. Scott used the large signboard to offer $1000 to the ballplayer who hit a homerun over the sign. This is a promise for an act. Hume completed the performance of the act by hitting the homerun over the sign and therefore the unilateral contract between them was formed. Perry and Scott do not have a contract. The offer that he is intending to collect on was never actually offered to him as Otis did not change the sign in the allotted time frame
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TORTS CAN – FALL 2010 - GOOLD Lecture 1: Introduction to the Law of Torts Tort= area of law that deals with wrongdoing. Criminal=public wrongs‚ tort=private Tort= law concerned w/ rights & remedies associated with legal relationships between individuals. - What is wrong with this definition of torts? Fails to take into account key aspects of tort law. Three ways to define torts: (1) Areas of law recognised by courts as torts (e.g. the subjects in the syllabus) (2) Area of law concerned
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States justice system‚ a tort is best defined as an injury or loss that was committed deliberately or negligently by a single person or an entity (Crane). The history of tort law can be traced back to the initial trespass of property or person‚ but it was not until the 18th century that the distinction between intentional and unintentional acts was made (Columbia Electronic Encyclopedia). In recent years‚ tort law has become the center of scrutiny through the increase in tort costs‚ insurance liability
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Business and Consumer Law Final Exam Notes Chapter 5: An Introduction to Contracts Contract Law: A deliberate and complete agreement between two or more competent persons in writing supported by mutual consideration‚ to perform an act. It is enforceable in court. Agreement: composed of an offer to enter into a contract and acceptance of the contract. Complete: the agreement must be certain. Deliberate: both parties must want to enter into a contractual relationship. Voluntary: The agreement must
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Tort Law A tort is a civil wrong arising from an act or failure to act‚ independently of any contact‚ for which an action for personal injury or property damages may be brought. It deals with situations where a person’s behaviour has unfairly caused someone else to suffer loss or harm. A person who suffers a tortious act is entitled to receive compensation for “damages”‚ usually money payment from the person or people responsible. The tort of negligence is a type of civil wrong where a contract
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I. What is Law A. Law 1. Set of Rules 2. Created by Government 3. Enforced by Government B. Jurisprudence 1. Philosophy of Law II. A. Law as Power 1. Under color of authority B. Legal Positivism 1. Law is what law says C. Legal Realism 1. Who is in position to enforce D. Natural Law 1. Humans have rights regardless of law III. Three Factors for Free Market System 1. Law 2. Rule of Law A. Law is generally and equally applicable to everyone B. System of published
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Charles Dong LBS Prof Calderon Legal Assignment Two Enforceability of the Pet Clause in the Lease Rafi should have the right to keep Roscoe in his apartment because his landlord cannot enforce the pet clause of the lease based on the given facts. On one hand‚ the bilateral mistake in the contract invalidates the lease‚ and therefore the pet clause is no longer enforceable. Also‚ the doctrine of promissory estoppel can be used to help Rafi not only keep his dog in the apartment but also
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The following situations are similar (all involve the theft of Makoto’s laptop computer)‚ yet they represent three different crimes. Identify the three crimes‚ noting the differences among them. 1 While passing Makoto’s house one night‚ Sarah sees a laptop computer left unattended on Makoto’s porch. Sarah takes the computer‚ carries it home‚ and tells everyone she owns it. 2 While passing Makoto’s house one night‚ Sarah sees Makoto outside with a laptop computer. Holding Makoto at gunpoint
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Negligent Tort Negligence is neglect or disregard. Tort is a legal misgiving. Negligent tort is a type of tort in the legal system. The concept encompasses that of which an occasion where an individual’s “acts leading to injury are neither expected nor intended.” (Yell‚ 1999) In this paper‚ the elements of a negligent tort‚ the concepts of proximate causation and duty of care‚ and types of remedies for finding tort liability will be explored. Elements of Negligent Tort There are three
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