Professional and Design Liability BE0892 Practice Specialisation Professional Liability Liability for injury‚ including bodily or personal injury or death‚ and property damage arising out of the negligent act or omission of a professional‚ ie‚ pharmacist‚ physician‚ attorney‚ architect‚ engineer‚ in performance of their professional activities. How can liability arise? Contract Tort Statute and regulations e.g. Supply of Goods and Services Act‚ Building Regs. Express terms Implied terms
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Outline with Thesis Statement Tort Law 11/29/2010 Sherman’s v. Church of the Divine Light Thesis statement: This case of the Shermans v. Church of the Divine Light. According the case‚ the Shermans claim that their minor child has been the victim of illegal detention and intentional infliction of emotional distress and among other torts. They seek to be compensated for all the damages that such detention have brought to their minor child as well as the medical and other expenses
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Tutorial 1- Introduction to Legal Environment of Business 1a) This is a civil matter as it is a private dispute between S and T which is not harmful to society. The dispute should be resolved through mediation. This is because it is cheaper‚ faster‚ more informal‚ and also private. Most importantly‚ it creates a win-win situation which will allow S and T to preserve their business relationship and compromise to settle the dispute amicably. b) This is a criminal and civil matter. It is criminal
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commuTorts Spring 2011 Pittman 1. Wrongful Death and Survival A. Wrongful Death 1. Moragne v. States Marine Lines 1. Facts: P’s husband killed working on a boat owned by D b/c of D’s negligence. 2. Issue: Can an action for wrongful death and a survival action be brought together? 3. Rule: Wrongful death suits can be brought along with survival suits for the pain and suffering in the time in between the injury and death 4. Wrongful death: action created by the death of a person due to the
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Tort Law Reading Notes Week 1 Mon Sep 8 Damages pp697-729 - aim of damages: restore plaintiff to position he would have been had the wrong not occurred o as this is impossible in cases of personal injury‚ monetary compensation is used o total amount is the amount that will release the target amount over the given span of years - assessment is a matter if calculation‚ not impression (SCC 1978) - 3 probs: o 1) what kinds of items must a defendant compensate
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Tort Law and Cases: A Comparison of Two Cases and Their Potential Frivolity8/22/2010 | Introduction “A tort is a civil wrong resulting in injury to a person or property”; that is brought before a court to compensate the injured party (Bagley & Savage‚ 2010‚ pg 251). In order to prove an intentional tort‚ the following conditions must be met: 1) Intent 2) Voluntary act by the defendant 3) Causation 4) Injury or Harm. The following tort cases‚ Pearson v. Chung and Liebeck
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which give rise to civil liability. Tort of Negligence It arises when damage is caused to a person or his property by a failure to take such reasonably cares as the law requires in the circumstances of the case. The damage could be caused by a negligent act or omission; meaning that the defendant did something or the defendant failed to do what he should have. Elements of negligence To succeed in an action for negligence‚ the plaintiff must prove ALL the followings: The defendant owed him a
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Messrs. Twomax Limited‚ Reginald A. S. Goode and John Robert Gordon raised actions for reparation on the ground of negligent misrepresentations against Messrs. Dickson M’Farlane and Robinson‚ a firm of chartered accountants. Twomax (UK 1983) demonstrate that audit firms may be liable to third parties in certain circumstances. It is a case also involving the decision to acquire shares‚ based on negligently audited financial statements. The auditors should be able to anticipate that third party
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The main purpose of this report is to expose the findings and misconduct of disclosing important information of the JPMorgan Chase Whale Trades. This report explicitly details the negligence by the Chief Investment Office in misleading the Office of the Comptroller of Currency of their Synthetic Credit Portfolio. The author’s intention is to inform what went wrong with the trading in the derivatives market by JPMorgan Chase. The key question the author is addressing is why the CIO deviated from
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INTRODUCTION The law of contract is the collection of legal rules which govern contracts. These rules‚ in turn‚ are part of the law of obligations‚ a subdivision of the law of property which is traditionally regarded as part of private law. Private law governs the persons (legal subject) in their personal or private capacity before the law in relation to other legal subjects. In other word‚ private law can be defined as balance and protect legitimate individual interests. Traditionally private
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