Tort Scenario Paper Crystal Cunningham‚ Robert Harrison‚ Billie Miller‚ Tyler Pierce‚ and Jennifer Sorensen University of Phoenix Business Law BUS415 Page Beetem May 30‚ 2011 Scenario One What tort actions do see and the identity of potential plaintiffs? Intentional battery - (Plaintiff‚ Malik v. Ruben) Malik can file a claim against Ruben for pushing him. Ruben would be liable for any physical harm sustained due to the physical contact. Unintentional negligence- (Plaintiff‚ Malik
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00:36 EDT April 2 (Bloomberg) -- KPMG International‚ which oversees the fourth-largest U.S. accounting firm‚ was sued by the trustee for bankrupt subprime lender New Century Financial Corp. over claims it failed in its role as “gatekeeper.” Negligent audits and reviews by KPMG LLP‚ the U.S. member firm of KPMG International‚ led to New Century’s collapse‚ according to lawsuits filed yesterday in state court in Los Angeles and federal court in New York. The suits‚ filed against both KPMG International
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LAW Introduction What is law? Law is a set of rules to govern the conduct of people in a civilized society. Everyone must abide the same rules. Today we live in a complex society and laws are more complex and sophisticated. Criminal law and civil law A crime is a offense against the state.To prevent our society against antisocial behavior criminal law is created‚ the police enforce these criminal laws. Then society will prosecute that person for that crime. Other crimes involve other enforcement
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A contract intends to formalize an agreement of two or more parties‚ in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property‚ the terms of employment or of an independent contractor relationship‚ the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus
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with the seller. There was a lack of communication between the salesperson and seller. There are grounds for fraud here based on Sam Salesperson not intending to let the timeline for the earnest payment lapse. You also have grounds for negligent misrepresentation based on a breach of fiduciary duty to you. You may request that the judge rescind the purchase contract as you had a contract with salesperson and seller before the higher offer was discovered. You had a contract agreement with the seller
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dismiss the amended complaint and for reconsideration of its motion to dismiss for lack of personal jurisdiction. Plaintiff injured smokers filed an action against defendants for numerous claims‚ including negligence‚ strict liability‚ fraud‚ and misrepresentation after some plaintiffs died as a result of smoking cigarettes. E. the issue of the case (5 points) To dismiss the amended complaint and the motion of TI for reconsideration of its motion to dismiss for lack of personal F. the “decision” of
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Fred Stern & Company‚ Inc. (Ultramares Corporation v. Touche et al.) Fred Stern & Company‚ Inc. was a rubber importer based out of New York City during the 1920s. This capital-intensive business was in high demand for numerous industries at the time. As such‚ Fred Stern & Co. relied heavily on lenders to finance its daily operations. In 1924‚ Fred Stern & Co. approached a finance company named Ultramares Corporation for a loan of $100‚000. Before accepting the terms‚ Ultramares Corp. requested
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of the view that it is very unfair or inequitable in the circumstances for the party making the promise to go back on his promise‚ he may be stopped from going back on his promise even if there is no fresh consideration. (High trees case) Misrepresentation The
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” In his left knee. Bentley filed a law suit in Cuyahoga County Court of Common Pleas‚ against the Cleveland Browns facility of rehabilitation in Berea‚ Ohio. He suggests that the Cleveland Browns‚ “Asserting causes of action fraud and negligent misrepresentation.” Consequently‚ because of his injury he got a staph infection. He criticized the head of the athletic trainer‚ Mary Lauzon‚ who “misrepresented” the facility to him‚ by saying others players such “Braylon Edwards and Kellon Winslow
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Lec 4 Chap 29 United domains Corp v Brian Pty Ltd(p200): Was the agreement a joint venture or partnership? Decision: High court held that the parties were in a partnership; hence United Domain was entitled to share in profit. Canny Gabrial Castle v Volume Sales(p200): Canny Gabrial argued that the 2 companies were joint ventures Decision: Agreement was partnership Polkinghorne v Holland(p205): Was the giving of financial advice outside the ordinary business of the law firm‚ such that
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