legitimate research because of concern over from backlash from the organizations’ investment bankers. Additionally‚ the internal pressure from the investment sections to accomplish this misrepresentation was met the reward of bonuses and stock options for the research analysts. The end game in this misrepresentation was to ensure Citigroup‚ Inc. would have a better bottom line. Numerous examples illustrate the organizations viewpoint of increased profits were more important than a commitment to fair
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TORTS EXAM 2 STUDY GUIDE NEGLIGENCE • Negligence: The failure of individuals to appreciate the risks caused by their conduct. • Synonymous with carelessness did not intend to cause harm to Plaintiff • To determine whether negligence exists‚ must ask: 1. Was the Defendant’s conduct unreasonable? 2. Did the Defendant cause the Plaintiff’s injury? Elements of Negligence: 1. Duty by the Defendant to the Plaintiff 2. Defendant breached the duty of reasonable care 3. Defendant’s actions were
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005 PHOENIX CONSTRUCTION‚ INC. and ARMANDO U. CARBONEL‚ petitioners‚ vs. THE INTERMEDIATE APPELLATE COURT and LEONARDO DIONISIO‚ respondents. [G.R. No. L-65295 March 10‚ 1987] TOPIC: PONENTE: FELICIANO‚ J. AUTHOR: NOTES: (if applicable) FACTS: 1. In the early morning of 15 November 1975‚ at about 1:30am‚ private respondent Leonardo Dionisio was on his way home from a cocktails-and-dinner meeting with his boss‚ the general manager of a marketing corporation‚ where he had taken "a shot or two"
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Cyber crime In the recent years‚ computer technology has had a great impact on the society‚ governments and businesses. The world-wide network of activities has changed the relationship between people and the physical world. Information is now easily transferable through the internet‚ which has been useful in business transactions and service delivery. On the other hand‚ increase in crime because of the internet access has become a matter of public concern. Criminal justice system has drawn its
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trial court erred in finding him negligent and in finding that the injury to plaintiff Bourque occurred four to five feet away from the second base position in the general direction of the pitcher’s mound. Allstate further contends that the trial court erred in finding coverage under its policy which excludes injury intended or expected by the insured. 4. holding supports the trial court’s conclusion that Bourque did not assume the risk of Duplechin’s negligent act. 5. rationale There
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asserted by the plaintiffs included wrongful birth‚ negligent failure to warn‚ and negligent infliction of emotional distress. Their claims were based on Vanderbilt’s failure to notify Julie of her potential risk for contracting HIV following her blood transfusion. Unfortunately‚ complications from AIDS also claimed Mrs. Amos’ life in 1992‚ however her husband‚ Ron‚ continued forward with the
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contract on the basis of: o Misrepresentation by the estate agent representing the vendors. o Discovery of potential medium-density development of neighbouring property. • First defendant also seeking claim against former solicitor alleging a failure to advise on zoning matters • First defendant ISSUES • Whether the vendor actually authorised the selling agent to make false representation. • Whether misrepresentation caused the first defendant to enter
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with someone of diminished capacity or for illegal purposes‚ a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake‚ duress or undue influence‚ unconscionability‚ misrepresentation or fraud‚ impossibility or impracticability‚ and frustration of purpose. Mutual or Unilateral Mistake There are two types of mistakes in contract law: mutual mistake and unilateral mistake. When there is mutual mistake‚ both parties have made
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CONSENT” DEFINED Under Section 14‚ Consent is said to be free when it is not caused by 1. coercion‚ as defined in section 15‚ or 2. undue influence‚ as defined in section 16‚ or 3. fraud‚ as defined in section 17‚ or 4. misrepresentation‚ as defined in section 18‚ or 5. mistake‚ subject to the provisions of sections 20‚ 21 and 22. ELEMENTS VITIATING FREE CONSENT 1. COERCION (SECTION 15) “Coercion” is the committing‚ or threatening to commit‚ any act forbidden by the
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THE INDIAN CONTTRACT ACT‚ 1872 The Law of contract is that branch of Law‚ which determines the circumstances in which promises made by parties to contract shall be legally binding on them. Every one of us enters into a number of contracts from morning until night. Examples: 1) Buying Milk early in the morning. 2) Boarding BEST Bus 3) Borrowing Money from Friend 4) To see movie. 5) Purchasing goods from shops. This how we enter into contracts though we are not conscious
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