a) Identify aspects of the media report that relate to the law This article reports about the case filed by Anastassia Zissis suing McDonald’s after the slip on at the back of the Myer Centre. Anastassia Zissis injured due to slip on liquid that been spilled in an access passage. These gave rise to different areas of law such as: Contract Law According to Lambiris (2012)‚ the Contract Law is the law about private agreement that give rise to enforceable responsibilities and rights legally
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concentrating on the claim for “false imprisonment” (sometimes also called “wrongful detention”). (We will consider the case again in semester 2 when we examine the tort of “negligence”.) By reviewing the headnote‚ how many different torts were being sued for? List them. A: - Tort of Misfeasance in Public Office - Tort of Negligence - Tort of False Imprisonment Q2: Using the headnote and the summary of facts given in the judgment‚ briefly outline the sequence of events that led to Mr Lampard-Trevorrow
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The main question here in this case is who is liable‚ negligent and damages. Deb is driving her car when it is involved in an accident with a car driven by Abe. A few moments after the first crash‚ a car driven by Ann hits the two cars disabled from the first crash. Cal‚ a passenger in Abe’s car has a minor injury to his head from the first crash but serious injury to his knees and legs from Ann’s subsequent driving into the first crash. Cal is taken to the hospital where Doctor informs him‚ correctly
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forth here is unbiased opinion and facts to all pro’s and con’s. In this world there are many regular civilians and citizens that may encounter‚ in some form or another‚ an inconvenience‚ mishap or even loss on many degrees’ due to someone’s negligence or culpable liability. Which will lead me to
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Strict Liability Amanda Self BA265 Business Law II Abstract While shopping at Carl’s Hardware Store he was injured by a nail gun that Dan‚ an employee was using. When he noticed that the nail gun was assembled improperly he decided to sue the manufacture of the product‚ Eagle Tools Inc. Under strict liability‚ the manufacture has a liability to make sure that all the products that they sell are in working and safe conditions. While this product fits the requirements that strict liability covers
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SAIN V. CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT: PROVIDING SPECIAL PROTECTION FOR STUDENT-ATHLETES? The scholarly article I chose was of great interest to me for several reasons. The case is an educational malpractice case in which a student-athlete said he was provided false information by his high school consolor and lost his basketball scholarship as a result. I was a student athlete in high school and sports are still a big part of my life. On top of that I am considering teaching and coaching
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before Christmas‚ should have alerted Ms Derrick that small children might be playing around‚ so she needed to pay extra attention in that circumstance. However‚ in the decision of the High Court of Australia‚ it pronounced the judgment that “No negligence on the part of the appellant was established.” The fact‚ Rosannie Cheung struck by the car‚ is unavoidable. Ms Derrick’s was driving within the prescribed speed limit‚ which was 45 to 50 Kilometers per hour. It was impossible to stop timely to avoid
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result in injury to any persons that they have business dealings with. Gertsen v. Municipality of Metropolitan Toronto‚ 1973 is an example of proximate causation (Harper‚ James Jr.‚ & Gray‚ 2005). This case highlighted the duty of care and negligence on the part of the Municipality‚ which operated a garbage dump in the area. They buried the garbage at a certain depth which resulted in the build up and eventual release of harmful gases that caused neighboring home owners garages to explode.
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University of Phoenix Material BUGusa‚ Inc.‚ Worksheet Use the scenarios in the Bugusa‚ Inc.‚ link located on the student website to answer the following questions. Scenario: WIRETIME‚ Inc.‚ Advertisement Has WIRETIME‚ Inc.‚ committed any torts? If so‚ explain. WIRETIME‚ Inc. (WIRETIME) has committed defamation because WIRETIME wrote damaging words about BUGusa‚ Inc.’s (BUGusa) product. All four elements of defamation are present in this case. First‚ defamatory statements were made‚ a 3rd party
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How does the law justify imposing strict liability for some criminal offences? ‘actus non facit nise men sit rea’ means an act alone cannot constitute guilt without the proof of a guilty mind‚ for most criminal cases. Strict Liability is the legal responsibility for injury or damages even if the person was not at fault or negligent; this contradicts the above Latin maxim as it places sole responsibility upon a defendant without the proof of ‘mens rea.’ Strict liability is a topic that has both its
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