AR Problem Question This problem question includes the following areas of law: - Actus Reus (Guilty Act) - Omissions (Failure to Act) - Duty to Act Situations Wood - Actus Reus = Guilty Act. To be criminally liable‚ the defendant (D) must perform a positive and voluntary act. An Omission (Failure to Act) does not make D liable‚ however‚ there are 6 situations in which failure to act may result in criminal responsibility: 1. Statute 2. Contract 3. Relationship 4. Voluntary Assumption 5
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Week 7 Breach of the Duty of Care Negligence Duty of care Established or novel duty? Is it a non-delegable duty? What is the scope of the duty? Breach of duty What is the relevant standard of care? Has the standard been breached? Damage Is it recognized by law? Was the breach a necessary condition of the harm? Is the harm within the scope of the defendant’s liability? Breach of Duty The fault part of the negligence action An act or omission of the defendant A failure to act as a reasonable person
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Bail is the security or sum of money that is exchanged for the release of an arrested person as a guarantee of that person’s appearance for trial. The arrested person is then released from imprisonment provided by the payment of such money. Life is full of surprises and anything can happen at any time. There are times in our life that catch us but major surprise‚ such as if we ever find ourselves in jail. This could be because of number of things‚ even things that are beyond our control. You may
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ISSUE I. Is Michael Kelley liable for injuries a child trespasser‚ Aranda Hudson‚ sustained while skateboarding on a loading ramp at his vacant warehouse? II. Is Michael Kelley immune from liability under the recreational use statute if he creates an urban farm and charges participants‚ residents of the neighborhood‚ for a plot? SHORT ANSWER I. No. Under Minnesota law five elements must be satisfied to hold a property owner liable for injuries sustained by a child trespasser. It is unlikely that
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An individual possesses culpable knowledge only if he knows or strongly suspects the results of his actions will cause harm to another. Balachova v. Mukasey‚ 547 F. 3d at 379. In Balachova v. Mukasey‚ the alien was in the military and aided his fellow soldiers in rounding up several young women from a village and placing them in transport vehicles. Id. He physically placed the young girls‚ against their will in the vehicles‚ the military unit proceeded to take the girls to a different location where
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Opposition of Managers Hotel Managers will tend not to embrace tend not to embrace this venture for a number of reasons. Their main reason concern will be that they have very little or no control over their property or employees. This power has been taken away from managers and given to employees. This is an important decision that they believe they should be the one to make as it impacts the bottom line and it may be a reflection on them. They may feel that they can not react in the best interest
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Party dealing with him without notice of the restriction is still entitled to rely on his apparent authority. The difficult case is where A‚ in concluding a transaction that would be within his usual authority as agent‚ contracts in his own name without disclosing the existence of a principal‚ so that the third party assumes he is dealing with a principal. In Watteau v. Fenwick & Co35 the doctrine of usual authority was held applicable to such a case also. H owned a hotel. He sold it to the defendants
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FEMA & consumer Protection Act When a business enterprise imports goods from other countries‚ exports its products to them or makes investments abroad‚ it deals in foreign exchange. In the light of economic reforms and the liberalized scenario‚ FERA was replaced by a new Act called the Foreign Exchange Management Act (FEMA)‚ 1999.The Act applies to all branches‚ offices and agencies outside India‚ owned or controlled by a person resident in India. FEMA emerged as an investor friendly legislation
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Cyruz P. Tuppal 2011-0134 Case Title: STARLITE VS NLRC G.R. No.: G.R. No. 78491 Date: March 16‚ 1989 Petitioner: Starlite Plastic Industrial Corporation Respondent: National Labor Relations Commission and Edgar Gomez Ponente: J. Cortes Facts: Private respondent GOMEZ was employed as a factory worker by STARLITE sometime in March 1981. On 22 June 1984‚ STARLITE dismissed him on the ground that he was caught attempting to steal one ballast costing P80.00. STARLITE reported
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Children Disagreements with other people is something that we will all encounter at various points in our lives. It is therefore important from an early age that we learn how to manage disagreements and move on successfully from them. Children need to be taught from a young age that it is a normal part of growing up to have occasional arguments and disagreements‚ to fall-out with friends‚ from time to time‚ and not always to get on with other people. It is important that you take the time
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