suffered resulting damage Duty of care: The “Neighbor Principle” to establish whether or not a duty of care is owed in the context of the Tort of negligence. First one has to establish that there was factual foreseeability of damage resulting from the negligent act. Factual foreseeability: if the tortfeasor was careless in the way that he went about his affairs‚ the victim would suffer damage from such carelessness. Secondly‚ the must be sufficient proximity between the victim and the tortfeasor. Proximity:
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Legal Reasoning is a reasonable reasoning before the decision had been made. Legal reasoning required us to consider the criteria beyond those imposed by the strict necessity of logic. It has followed certain criteria or rules which applied in practical reasoning. For an example‚ a judge has to give judgment by following the precedent case and Federal Constitution‚ legislators have to predict the impact of their laws before amendment whereby following the two-third majority of Parliament and lawyers
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negligence? Basically three things must happen: • A harm must have occurred • The defendant is at fault • The plaintiff must prove that the defendant breached a duty of due care to the plaintiff. 2. Do you think that McNeil was negligent in this case? Absolutely‚ it was proven that McNeil was aware of the possible effects of individuals taking this medication with alcohol. McNeil failed to identify this information on the label and provide instructions identifying this information
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2010 Business Law Revision Booklet The Business Law final exam is 3 hours with 10 minutes of reading time. HOW TO ANSWER CASE STUDY QUESTIONS When answering this question student’s need to follow the format of: i) state the issue ii) state the law-this includes relevant legislation and cases iii) apply the law to the facts iv) state the conclusion Key words used in questions: Explain – students need to provide
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1. Profession: A self-selective‚ self-disciplined group of individuals who hold themselves out to the public as possessing a special skill derived from training and education and are prepared to exercise that skill in the interests of others 2. Professional Engineering: any act of designing‚ composing‚ evaluating‚ advising‚ reporting‚ directing or supervising wherein the safeguarding of life‚ health‚ property or public welfare and that requires the application of engineering principles. (DCEARDS)
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LAW 421 - QUIZ 3 CONTRACTS AND AGENCY Save this quiz on your computer and work on it during the remainder of the week. Make sure to save your results each time you make a change as well as save the quiz with your final answers. There are 25 multiple-choice questions. Identify the letter of the choice that best answers the question. When you are sure that you have answered all the questions to the best of your ability‚ mark your answers on the Answer Sheet provided. Click the Assignment
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reliability"[5] for the DC-10 landing gear could be predicted with an "unusually high degree of confidence"[6]because of its close similarity to the successful design on the DC-8 and DC-9 aircraft. Issue The focus of this trial was negligence Misrepresentation caused by McDonnell Douglas due to the statement of facts that it has included in its brochures trying to convince Continental Airlines‚ Inc to
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feedback in the letter cause MVH to hire someone who was potentially unsafe to their patients? (Walsh‚ 2009). Why does the court conclude that Doña Ana County could be held liable for negligent referral (misrepresentation)? In this case the court concluded that Dona Ana County could be held liable for a negligent referral on the basis that each citizen has a basic responsibility to not bring harm to one another‚ and to make every effort to stop harm from happening to someone. In this case the County
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the respondents‚ Hedley placed additional orders on behalf of Easipower which eventually resulted in a loss of £17‚000. Hedley then brought an action against the respondents for damages under the tort of negligence: Held: A negligent‚ although honest‚ misrepresentation‚ may give rise to an action for damages for financial loss even if there was no contract between the advisor and the advisee and no fiduciary relationship. The law will imply a duty of care when the advisee seeks information from
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the agreement of one of the parties to the contract would have been induced by an impropriety attributable to one of the parties to the agreement. There are specific categories of improperly obtained consensus which are misrepresentation‚duress and undue influence. Misrepresentation is a pre-contractual statement or conduct which creates a false impression in the mind of a contractual party and which
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