DURESS 1. Generally If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has long recognised that duress‚ in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests‚ render a contract voidable (Barton v Armstrong). Traditionally‚ the common law concept of duress was limited to actual or threatened violence to the person of
Premium Contract Contract law
CHAPTER 4 Legal Liability Of CPAs Review Questions 4-1 There are several reasons why the potential legal liability of CPAs for professional "malpractice" exceeds that of physicians and other professionals. One reason is the vast number of people who may sustain damages. If a physician or attorney commits a serious error‚ the number of injured parties generally is limited to one individual patient or client. When a CPA’s report is in error‚ literally millions of investors
Premium Tort law Securities Act of 1933 Legal terms
representation is a misrepresentation. ! There are three different types of misrepresentations:! ! 1. Innocent misrepresentation - an untrue statement not made fraudulently. Maybe made carelessly or with reasonable belief.! 2. Negligent misrepresentation - is a statement made without reasonable grounds for belief in its truth.! 3. Fraudulent misrepresentation - untrue statement made intending to recklessly no caring whether its true or not. ! All three type of misrepresentation could give the
Premium Contract Sale of Goods Act 1979 Contractual term
TABL1710 Contract law Contract- AGREEMENT concerning PROMISES between 2 or more parties LEGAL RIGHTS & OBLIGATIONS Elements for legally binding contract: Intention- must have evidence to INTEND to make legal contract ‘Subject to contract’ NOT in final form MASTERS V CAMERON (no contract until conditions met) Implied intention: Social (friends)‚ family‚ domestic‚ voluntary NO INTENTION BALFOUR V BALFOUR (husband & wife- no agreement) COHEN V COHEN WAKELING V RIPLEY (seriousness- big sacrifice)
Premium Contract Contract law Breach of contract
Products Liability 1. Construct a fact pattern [an example] to clearly delineate: a. A Manufacturing Defect: A car’s braking system that does not work properly and causes the driver to get into an accident. b. A Design Defect: A type of sunglasses that fail to protect the eyes from ultraviolet rays. c. A Marketing Defect: Prescription drugs advertised as “virtually non-toxic‚” “safe‚” and “free of significant side effects” when they are not. They failed to state
Free Product liability Tort Strict liability
Chapter 2 Donoghue v Stevenson p.45 Donoghue found a snail in the ginger beer and got shocked. She sued Stevenson‚ the manufacture. Manufacturer owed a duty of care to customers. Neighbour test.Grant v Australian Knitting Mills p.48 Dr Grant suffered dermatitis because of the sulphites on the surface of the underwear manufactured by AKM. AKM owed a duty of care in the production of the underwear not to cause injury to Grant. McPhersons v Eaton p.49 Eaton died from the exposure to asbestos
Premium Contract Tort
Applications of the Misfeasance Rule [a] Negligent Entrustment of Chattel [b] “Negligent Entrustment” and Alcohol [c] Spoliation of Evidence Chapter 2 Duty Despite Nonfeasance: The Special Relationship Exceptions 2.10 Duty Despite Nonfeasance 2.20 Duty Because of a Special Relationship between the Plaintiff and the Defendant 2.30 Duty to Control Another for the Benefit of the Plaintiff Chapter 3 No Duty Despite Misfeasance: Negligent Infliction of Emotional Distress and Negligent Infliction of Pure Economic Harm
Premium Tort
1. Express and Implied Terms The content of a contract are made up of terms (or ‘clauses’ as they are called in the case of written contracts) which may be express or implied. The express terms are the terms which the parties actually stipulated for themselves when making the contract‚ whether orally or in writing. In addition to the express terms‚ the courts sometimes‚ for a variety of reasons‚ imply certain terms into the contract. Implied terms are terms that are not expressly stated in the
Premium Contract
Chapter 4 Torts and Cyber Torts true/false questions 1. Tort law provides legal remedies for property damage. ANSWER: T PAGE: 102 TYPE: + MISC: AACSB Analytic Skill Level: AICPA Legal 2. Punitive damages are intended to punish a wrongdoer and deter others. answer: T PAGE: 103 TYPE: N MISC: AACSB Analytic Skill Level: AICPA Legal 3. A person may commit an intentional tort if he or she acts knowing with substantial certainty that certain consequences will
Premium
References: FindLaw Inc. (November 1‚ 1999). Business Torts: Misrepresentation‚ Interference and Unfair Competition. Retrieved from http://www.inc.com/articles/1999/11/15387.html Melvin‚ S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York‚ NY: McGraw-Hill/Irwin. University
Premium Tort Contract Tort law