NEGLIGENCE | - The main legal issue is whether P can successfully sue D for negligence. There are 4 steps to prove negligence: Duty of care (DOC)‚ Failure to meet the required Standard of Care‚ Causation and Remoteness.-Negligence is a conduct that falls below the standard of care required by society for the protection of certain others against an unreasonable risk of harm. | I –DUTY OF CARE | -The legal issue is whether D owed P a DOC. In order to prove that D owed P a DOC‚ P must show that
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Liebmann V. Canada (Minister of National Defense) Facts: Liebmann applied for the position of Executive Assistant to the Commanding Officer in the Persian Gulf Operation. Staff Officers recommended he be appointed and the Commanding Officer agreed. When command staff became aware that Liebmann was Jewish they decided not to select him. Liebmann challenged the decision‚ as well as CFAO 20-53 (an enactment for which the decision was based upon) under s. 15 of the Charter. Issues: 1
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Key Concepts All readings are useful. If you complete them before class you will find the materials covered in class much easier to understand than if you do not. At the same time‚ this is an Introductory Course and we do not expect you to remember all content for midterms and final. For this reason‚ we are summarizing the points from each chapter that we think are most important that you understand and remember. You may use these as a guide for preparing your own study notes. If you are confused
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Chapter 7 Notes Human Resource Management DEFINE selection and DISCUSS its strategic importance. DEFINE reliability and validity and EXPLAIN their importance in selection techniques. DESCRIBE at least four types of testing used in selection and ANALYZE the conflicting legal concerns related to alcohol and drug testing DESCRIBE the major types of selection interviews by degree of structure‚ type of content‚ and manner of administration. EXPLAIN the importance of reference checking‚ DESCRIBE
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Rotterdam Institute of Private Law Accepted Paper Series FROM FREEDOM OF CONTRACT TO FORCING PARTIES TO AGREEMENT R.J.P. Kottenhagen• Published in From Freedom of Contract to Forcing Parties to Agreement. On the Consequences of Breaking Off Negotiations in different Legal Systems‚ 12 Ius Gentium‚ Journal of the University of Baltimore Center for International and Comparative Law 2006‚ 61 – 95 • Associate Professor of Law Erasmus University Rotterdam . 1 FROM FREEDOM OF CONTRACT TO FORCING
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EXEMPTION CLAUSES • An exemption clause is defined as: ‘a clause in a contract or a term in a notice which appears to exclude or restrict a liability or a legal duty which would otherwise arise’ (per Yates in 1982). Thus‚ an exemption clause in a contract is one that attempts to exclude or limit one party’s liability towards the other. • ‘Exemption clauses are an important feature of modern contracts…’ (per Downes) • An exemption clause can be of two kinds: A limitation clause:
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UNIT 6 6.0 AGENCY 6.1 AN AGENT An agent is one who acts on behalf of another called the principal‚ with the express or implied authority of that person. Hence an agent incurs neither rights nor liabilities on contracts made on behalf of the principal. Also an agent need not be of full contractual capacity meaning that even a minor could be appointed as such‚ even though he principal has to be of full contractual capacity. 6.2 TYPES OF AGENTS Universal: appointed to handle the
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ACKNOWLEDGEMENTS First of all‚ I would like to say thank you express to all the lecturers for the course of Master of Science (Construction Contract Management)‚ especially my supervisor – Encik Norazam Othman‚ for their guidance during the writing of this master project. Without their supervision and advice‚ this project could not be completed on time. Secondly‚ I would like to express my gratitude to my dearest parents and brother for their support and advice during these few months. Not
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receiving of money or object of value for purpose of influencing judgment or conduct of person in position of trust‚ offer is enough 2 extortion aka blackmail making threats for purpose of obtaining money or property 3 fraud intentional use of misrepresentation to gain advantage over another‚ requires 3 elements‚ material false representation with intent to deceive‚ vicitims reasonable reliance on false representation‚ damages 4 embezzlement wrongful conversion of anothers property by one who is lawfully
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1. INTRODUCTION 5 CCQ Artticles: 5 Comments for essay questions: 5 Brierley and Macdonald‚ “Quebec Civil Law” (1993) 6 Autonomy of the will theory: (B/J) 6 Ghestin: "L ’utile et le juste dans les contrats" (1981) 6 2. PRECONTRACTUAL ANALYSIS 7 What constitutes a valid offer? 7 CLL definition of an offer & an offeror 7 CML definition of an offer 7 Preliminary negotiation v. offer: 8 Harvey v Facey (1893 Privy Council) 8 Termination of an offer – lapse and
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