risks of cell phones are shown to outweigh the benefits‚ we should not restrict their use in moving vehicles: instead‚ we should educate the public about the dangers of driving while phoning and prosecute irresponsible phone users under laws on negligent and reckless driving. I. Scientific studies haven’t proved a link between use of cell phones and traffic accidents. A. A study by Redelmeier and Tibshirani was not conclusive‚ as the researchers themselves have admitted. B. Most states do not
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William David MCAA 580 Legal Aspects of Sport Legal Issue Paper 08-08-2010 Intro/statement of issue/relivence Many physical education teachers are being sued for negligence while on the job for what may seem to be petty reasons. Each and every year there are hundreds of reported cases that make it to court that pin responsibility and liability on the part of the teacher. Simple accidents occur such as a student not wearing proper athletic shoes or slipping on the gym floor
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of her slip and fall at Bobs. She may be able to recover special damages for lost income due to her injuries. Defenses: Contributory Negligence The plaintiff’s contributory negligence‚ however slight was a complete bar to his recovery against a negligent defendant. If a plaintiff conduct falls below the reasonable person standard of care and contributes to his own injury or damages‚ he is barred from recovering against defendant. The facts stated that Alee slipped on the grapes she “failed to notice”
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MGT 352 December 18‚ 2012 Final Paper 2 Introduction Many companies today often don’t think about legal issues related to their business until they are hit with a lawsuit or decide they need to take legal action against someone else. The ramifications of a lawsuit as a plaintiff or a defendant can impact a company and even destroy a company and its reputation. This can happen if the company is not fully prepared on handling legal pitfalls that might come their way. Creating
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NEGLIGENT MISSTATEMENT Main issue: Is the P likely to succeed in an action under the tort of negligence misstatement against the D? Sub-issue 1.1: Duty of Care (NO 3RD PARTY) Law/App: The tort of negligent misstatement was effectively established since the case of (Hedley Byrne v Heller). Law stipulates that there must be a special relationship (an extension of “neighbour principle” established in Donoghue v Stevenson) for between P and D for a DOC to rise in the tort of negligent misstatement:
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the financial year of 2009 equal to $60 million. a. Outline relevant issues in deciding whether your firm‚ PA‚ has been negligent in the performance of its duties as the auditor of Skyhigh Ltd. The position of auditors‚ with regard to negligent misstatements‚ was made clear in the Pacific Acceptance case; it was established that any plaintiff‚ bringing an action negligent misstatement against an auditor had to establish four elements. They were: • There must be a duty of care owed to the plaintiff
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The beginning stage for any thought of the position of minority shareholders is the principle in Foss v Harbottle. This principle‚ which has two strands‚ blocks a shareholder from conveying an activity to seek after wrongs which have been done to the organization. In the first place‚ the executives have been named to deal with the organization’s undertakings and they owe their obligations to the organization; any misfeasance‚ allotment of corporate property or break of obligation on their part is
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presented through society and criticizes the misrepresentations made by the higher class and media. Watkins (1994) emphasizes her argument that the dehumanizing form of representing the poor is the root cause low self-esteem among poor people. Poverty is portrayed through a variety systems of representation that have come to create misconceptions about this issue. Throughout the article‚ hooks (1994) was able to present her argument on the topic of misrepresentations
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Strayer University SEC 300 Introduction to Private Security Prof Ebrahim Biparva October 26‚ 2011 Elements of Negligent Liability Negligence is the failure to exercise the care toward others which a reasonable or prudent person would do under certain circumstances or taking action which a reasonable person would not (http://legal-dictionary.thefreedictionary.com/negligence). Negligence also assesses the human choice to engage in harmful conduct as proper or improper. This is because choices
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In order to be successful‚ Bates will have to prove either (1) Alumina Inc owed a duty of care to the her and the public‚ (2) That Alumina breached this duty of care‚ (3) She suffered injury‚ (4) That Alumina’s negligent act caused the her daughter’s injury and (5) that Alumina’s negligent act was the proximate cause of the her daughter’s injuries. Alumina Inc owes a Duty of Care to the community. Any business that released pollutants into the water or air has a duty of care to maintain legal standards
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