the appellant refused to take delivery of the stock because of deterioration in quality. He filed a suit to recover the price of the stock by the way of compensation. In this case the Supreme Court has held that when due to the negligent act of the officers of State a citizen suffers any damage the State will be liable to pay compensation and the principle of sovereign immunity of State will not absolve him from this liability. The court held that in the context of modern concept
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our collective sense of right and wrong by providing that someone who creates harm should make things right by compensating those harmed II. Classification of Torts * In the US‚ torts are classified as intentional‚ negligent‚ or strict liability. * Negligent Torts occur when the defendant acts in a way that subjects other people to an unreasonable risk of harm * Strict-Liability Torts occur when the defendant takes an action that is inherently dangerous and cannot ever be
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Imagine a world where a wealthy family has a large estate where the mother is pregnant with an unborn child and has two other children. When the father drew up his will which he left to his surviving spouse and his children‚ the unborn child had not existed at that time and therefore the unborn child was not included in the fathers will. While the mother was still pregnant the father died in a car accident leaving the unborn child with no legal benefit and therefore the unborn child is left with
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Joe Greene for $100‚000.00 and a written apology as compensation for assault‚ battery and emotional distress. The complaint names Mr. Greene and the Cardinals football team as the defendants—charging the Cardinals football team with negligent supervision and negligent hiring. Mr. Greene refused to settle the case. There was a witness of the incident named Piotrosky who stated that during the confrontation‚ Mr Greene moved his foot towards the vehicle just before it was ran over by Mr Cockriel
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107). Both the manufacturing and distributing companies were held liable under the doctrine. Although one party may have been responsible for being negligent such as the manufacturing having the open bottle exposed and transportation having the sealed bottles‚ they both share the actions of bringing injury to the plaintiff. The question still exists on how the mouse ended up in the bottle. The testimony
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Match.com; managers should examine liability obligations as well as laws protecting or defending their business. Applying a defense against negligence in a business managerial setting involves managers researching laws providing immunization against negligent allegations. According to the article‚ what is Negligence and how do I Defend against Negligence? Possible defenses against negligence include "(1) challenging the status of the plaintiff and the corresponding duty of care‚ (2) asserting that it
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obligations and procedures regarding the safety of its employees. Health and safety is a top priority for many businesses. The law dictates that every organisation should provide every employee with a safe working environment‚ and if they are found to be negligent‚ they stand to suffer considerable damage to their reputation and finances. The Role of a Health and Safety Officer The health and safety officer acts as an adviser to management on the latest legal obligations‚ ensuring the standard of safety is
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1. An exemption is a clause in a contract that exempts or removes liability from one or both parties in certain circumstances. Exemption clauses are used frequently in business organization contract. These clauses apportion risk between the parties concerned and the law upholds them‚ assuming the parties negotiated them while drafting the contract 2. The two ways in which exemption clauses can be incorporated in a contract are: (1) Incorporation by notice and (2) Incorporation by signature
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BASIC PERSUASIVE SPEECH OUTLINE FORMAT Topic: Should Children Who Commit Violent Crimes be tried as Adults Type of Speech/Claim/Issue: Value Organizational Pattern: Topical General Purpose: To persuade my audience that‚ children who commit violent crimes should be tried as adults
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and delict and to use delictual remedies against the wrongdoer‚ the following must be proven: Damnum- the loss suffered (for example: damage to property‚ injury‚ or causing the death of something). Iniuria- whether the wrongdoer was at fault (negligent- the wrongdoer did not act reasonably‚ or intentional- the wrongdoer acted on purpose). Datum- the wrongdoer’s actions caused the loss directly. The claims are as follows: ALEX Alex was wrongfully accused by Hamish of being a thief (Datum) because
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