product‚ their environmental impact‚ and many other forms of complaints. Alumina Inc is such a company. Alumina Inc is facing a possible law suit over allegation about their environmental record. Alumina Inc is facing possible law suit for negligence. Negligence is defined as “the omission to do something which a reasonable man would do‚ or doing something which a prudent and reasonable man would not do.” (Cheeseman‚ 2010).. Kelly Bates is alleging that Alumina Inc is the proximate cause of her daughter’s
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3. There are several standards to comply with when considering the supervisory responsibilities of senior auditing professionals. According to GAAS‚ the first general standard of ten auditing standards is that the auditing practitioner should have adequate technical training and proficiency as an auditor. Therefore‚ in this case Marshall had the legal responsibility to provide essential trainings‚ including technical and ethical issues‚ to Rojas‚ regardless whether Rojas would violate the law to
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fitness for a particular purpose. Both are based on the allegation that the coffee was too hot to consume. b. Product liability for a defective product and a failure to warn of the dangers of handling liquid served as hot as appellee’s coffee c. Negligence both failing to instruct employees how to properly serve hot coffee and for failing to warn business invitees of the danger of handling coffee at the the temperature Burger King coffee was served. The main issue is not whether the coffee is hot
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The trial judge found that Australian Safeway Stores Pty Limited (the appellant) already mopped up the wet floor to perform its duties‚ it did not show unreasonable. As a result‚ he found that the appellant did not breach the duty of care and so he dismissed the respondent’s suit. (Zaluzna) However‚ the respondent appeal to the Full Court and stated that the Trial Judge was wrong in law in finding that the defendant did not owe the plaintiff a general duty of care. The Counsel held three reasons
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reach for the toilet paper and find to the right of you....an empty roll‚ and suddenly you feel a ship wreck without a paddle. Something that you took for granted every day is now the factor between you and your business. Toilet Paper. Everybody in America uses toilet paper and if you don’t‚ same on you. During Halloween‚ I’m sure many of you planned‚ seen‚ or was in the act of TP-ing someone’s house‚ or that you’ve always wanted to wrap your annoying little cousins in toilet paper and throw them in
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LEGT 5512 LEGAL FOUNDATIONS FOR ACCOUNTANTS SESSION 2‚ 2010 CASE LIST This Case List is not intended to cite every case quoted in lectures and tutorials during the course. Its purpose is to give students a handy citation of a number of leading cases with brief statements to help identify them. This list may not be taken into the Final Examination. 1. 2. 3 Commonwealth v State of Tasmania (1983) 46 ALR 625 Federal and State powers Lee v Knapp [1967] 2 QB 442 “Stop after accident” – golden rule Smith
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infringing on another’s legal rights.for there to be a case under tort NEGLIGENCE: This is a legal concept that is usually used to acquire compensation for injuries suffered or accidents met. It is a civil wrong actionable under tort law. Negligence involves behaving in a manner that lacks the legality of protecting other people against foreseeable risks. Under common law for there to be a case under negligence then the following elements must be satisfied. * Duty of care * Breach
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Introduction Upon initial examination of this case‚ it is clear that Richard is at least‚ partly liable for the accident‚ given that it was he who crashed into the traffic light. It can be assumed that he has suffered substantial loss in the process‚ given that he has sustained a significant injury. However‚ it also is evident that Saoirse is at fault on several grounds‚ which gives Richard scope to take legal action in an attempt to recover damages for the loss he has suffered as a consequence
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INTRODUCTION Donoghue v. Stevenson (1932) This famous case established the civil law tort of negligence and obliged manufacturers to have a duty of care towards their customers. The events of the complaint took place in Scotland on Sunday evening on 26th August 1928‚ when Ms May Donoghue (Appellant) was given a bottle of ginger beer‚ purchased by a friend. The bottle was later discovered to contain a decomposing snail. Since the bottle was not of clear glass‚ Donoghue was not aware of the snail
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person or property. It wouldn’t qualify for an intentional tort because Arnold and Sylvia did not willfully take actions that were likely to cause injury. Duty‚ Branch of Duty‚ Causation‚ and Damages are all required in order for a plaintiff to prove negligence of a defendant. The reasonable person standard‚ which the courts use to determine whether or not an individual owes a duty of care to another‚ states that the courts generally hold that landowners have a duty of care to protect individuals on their
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