Negligent misrepresentation Define: Where a plaintiff acts to their financial detriment in reliance upon a statement of information or advice given by a defendant Features of relationship: Speaker knows or ought to know: Trusted by recipient to give information recipient believes speaker has capacity to give The information is of a serious or business nature Speaker knew or ought to have known that recipient intended to rely on the information Reasonable for recipient
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Issue: Did Phillip or Radio Station 2ZW owe Jane or Tom duties of care? Is this personal injury or purely economic loss case? Was there a breach of the duty of care? Did the breach cause any harm to Jane and Tom? Was the scope appropriate of the negligent person’s liability? Are there any defences available for Philip or 2ZW? Relevant law: Elements of negligence action need to be satisfied on the balance of probabilities: In personal injury case‚ duty of care exists if harm is reasonably foreseeable
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Pichelman v. Barfknecht Issue: Should Arnold and Sylvia Barfknecht have been convicted of a negligent tort against Betty Pichelman? Rule: A negligent tort involves the failure to exercise reasonable care to protect another’s 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
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to be negligent or inefficient or untrustworthy; that‚ because he has created this risk for his own ends he is under a duty to ensure that no one is injured by the servant’s improper conduct or negligence in carrying on his work and that the mere giving by him of directions or orders to his servant is not a sufficient performance of that duty. It follows that if the servant’s acts in doing his master’s work or his activities incidental to it or connected with it are carried out in a negligent or improper
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JPMorgan Chase Leg 100 Buss Law 1 Aug 11‚ 2013 In the summer of 2012‚ JPMorgan Chase‚ the largest leading U.S. bank‚ announced trading losses from investment decisions made by its Chief Investment Office (CIO) of $5.8 billion. The Securities and Exchange Commission (SEC) was provided falsified first quarter reports that hidden this massive loss. Discuss how administrative agencies like the Securities and Exchange Commission (SEC) or the Commodities Futures Trading
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Introduction There are many situations or acts that are not directly marked as crimes and not arise out of contracts or statutes. Those acts are considered as civil wrongs and cause damages and injuries to individuals or businesses. These damages‚ injuries or wrongful acts are called tort. Tort is the area of law where in response to a private or civil wrong or injury the courts provide the remedy of allowing a lawsuit for those wrongs‚ injuries or damages. Thus‚ the goal of tort is to restore
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Teacher’s role in the classroom is to take place of the parents whilst in school. They also must take reasonable action to decrease the likelihood of injury to students. (Queensland teachers union‚ teachers and law 5th edition page 7) Three elements to establish a negligence case A duty of care was owed There was a breach of the duty Damages occurred because of the breach Duty of Care Two points in order to establish a duty of care Should a teacher
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assistance. Therefore in considering those factors‚ it was reasonable for Michelle to suffer MH. DOC is established. Breach: The facts indicate that Canconcert had been careless and caused the seating area to collapse. Since Canconcert’s conduct was negligent‚ there is breach of duty. Causation: In establishing necessary condition‚ the ‘but for’ test is satisfied by showing that the incident had a profound effect on Michelle‚ resulting in depression. This satisfies factual causation.
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Question 1. Assessing the Fraud Risk Factors: High Risk factors and Low Risk Factors. High Risk Factors: 1. Management’s attitude towards overriding controls: Section 5‚ under topic Integrity and ethical values‚ of the questionnaire suggests that override could occur without management’s approval‚ manager’s override is not explicitly prohibited and no interventions by the management were observed. 2. The Degree of oversight related to the company’s control structure exercised by the management:
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Acme Fireworks Management Latisha Bogan BUS 311: Business Law I Instructor: Shawn Grimsley March 16‚ 2015 Introduction Acme Fireworks Company is a fireworks retailer who sells fireworks‚ puts on ground displays and large aerial fireworks. As the manager‚ it is my job to determine if the inquiries from the large businesses can be fulfilled and if the contracts with these businesses are enforceable. In order to manufacture the increased amount of fireworks needed‚ the owner will be required to
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