Topic 3: Contract Law *What is a contract? a legally enforceable agreement; that is‚ an agreement enforceable in a court *Types of contracts Number of parties: * Unilateral – one party (eg reward case) * Bilateral – two parties‚ both with mutual obligations * Multilateral – more than two parties‚ all with obligat0ions Form: * Simple Contracts: written; oral; part-written & part-oral * Need all elements of a contract ‚ including consideration * If all elements
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“Contract law and Tort law are like cheese and biscuits‚ different but complementary” (Holyoak 1983). A contract is an agreement between two parties that is legally enforceable. Contract law outlines the duties and responsibilities to one another‚ what a person can and cannot include in a contract and the remedies for breach of their contractual duties. Elements of a contract are offer‚ acceptance‚ intention to create legal relation‚ consideration‚ capacity of the party to contract and legality
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Legal Issues in Management Final Case Study Christine Stout Southern Oregon University Business law – case study The case study of John and Stacey has so many complicated elements that apparently all the stakeholders involved apart from the two mentioned could sue or be sued against. This paper assumes that this is the scenario for this paper. The characters involved are John and Stacy‚ a restaurant owner‚ the owner of a townhouse‚ the owner of the mink on which John tripped and subsequently
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compensation if they’re hurt due to someone else’s negligence‚ but there are many other torts that can lead to a personal injury suit. Vincent Criscuolo & Associates‚ a Rochester personal injury attorney committed to helping injured people get the compensation they deserve‚ explains some of the other common torts‚ as well as the defenses insurance companies and defendants might use to defeat a claim. Common Torts Intentional torts are circumstances in which an individual intended to cause actual harm to the
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to make judgment call. Special duties‚ Duties to Persons on property Premises liability cases‚ involve possessors of land & those who enter it. Entering party classifications: Invitees: Business visitors‚ people using public property Licensees: possessor must give consent‚ enter for purposes other than to do business Trespassers: Neg. per se: D’s violation of reasonable behavior may cause a breach of duty & may allow P to win if: Was within the class of persons intended to be protected by the statute
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Intentional torts‚ negligence‚ and strict liability ASSIGNMENT Explain the general differences between intentional torts‚ negligence‚ and strict liability. Additionally‚ explain the elements of intentional torts and negligence and provide working examples to illustrate each. FACTS 1. Intentional torts are actions with the purpose or intention to injure another person or that person’s property. The person inflicting the harm is called a tortfeasor. Intentional torts require
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Torts Exam Notes Intentional Torts Trespass to the Person Battery - directly and intentionally (or negligently) bringing about a harmful or offensive contact with the person of another - the ‘body is inviolate‚ and that any touching of another person‚ however slight may amount to a battery’ - Rixon - doesn’t have to cause harm - Rixon v Starcity Casino - Collins v Wilcock - no requirement of hostility or anger - Wilson v Pringle - In Re F - exception is made
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INTRODUCTION “Assault” and “battery” in the context of tort law are viewed as separate offences unlike in viewpoint of criminal law where the two are typically components of a single offence. In this essay‚ the writer will discuss ‘assault and battery as understood in tort law. To properly exhaust these two torts‚ it is best to evaluate them separately according to their definitions and the help of their related case laws. Assault and battery are intentional torts meaning that in these two offences‚ the tortfeasor
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between crimes‚ civil offenses‚ and moral wrongs to understand criminal law. This paper will discuss the differences between criminal‚ tort‚ and moral responsibility. There is a responsibility to the public not to commit acts or omissions against the public interest. A crime can be defined as an act or omission that the law makes punishable‚ generally by fine‚ penalty‚ forfeiture‚ or confinement (Garland‚ 2012). Criminal law prohibits public wrongs and specifies a punishment against the offender
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the Law of torts. However‚ to every general rule there exceptions‚ this paper will discuss in some detail. the meaning of the three terms of intention‚ motive and malice as used in the Law of torts. In discussing the terms as used in tort‚it is important to note that Tort means a civil wrong for which the remedy is a common-law action for unliquidated damages‚and which is not exclusively the breach of a contract or breach of trust or other merely equitable obligation’ (Salmond:Law of Torts)1 Another
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