status=’’">employment contracts‚ and to operate within the bounds of the company’s procedural rules. However‚ the duty of loyalty is not absolute. That an employee should be loyal is a prima facie duty. The object of the employee’s duty must be deserving if the duty is genuine and overriding rater that prima facie. Many of the moral grounds for employee loyalty have been destroyed. Yet there are some minimum requirements of loyalty based in law. The whistleblower may feel they face a conflict between
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particular emphasis on the Federal Rules of Evidence. These definitions should in nowise be construed as complete or authoritative as it is intended to introduce the basic concept as it relates to criminal justice practices. Corpus Delicti and Prima Facie Corpus Delicti‚ or “the body of the crime” are those elements necessary to assure the guilt – or innocence – of the accused; that the crime actually took place. Specifically‚ the courts have generally looked at three principles: first‚ was
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to them) • Circumstantial proximity – circumstances to establish the relationship between parties o Voluntary assumption by the defendant o Reliance on the part of the plaintiff Policy (Second stage) • Even if proximity is established‚ or prima facie duty of care is established‚ on policy grounds‚ they can hold that there is no duty of care due to various reasons o Would imposing a
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Citation: Gardner; re BWV [2003] VSC 173 Jurisdiction: Supreme Court of Victoria – Morris J Procedural History: Victorian Parliament – Passed the Medical Treatment Act (1988) Victorian Parliament – Amended the Medical Treatment Act (1990) Social Development Committee of the parliament – published the “Inquiry into Options for Dying with Dignity” (1987) Legislative Council – Passed the Medical Treatment Bill (1988) Legislative Council – debated and revised the Medical Treatment Bill (1989) Facts:
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many believe that performing an abortion be wrong since it is killing a human being. According to Don Marquis‚ abortion is immoral and is equivalent to the killing of an adult human‚ but is justified under certain conditions‚ in other words‚ it is prima facie wrong. On the contrary‚ Judith Jarvis Thomson argues that abortions are sometimes permissible under certain conditions. A dilemma that many women and families face is an unwanted pregnancy. For example‚ Mary and her husband have two children‚ despite
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absolute moral obligation. An absolute moral obligation therefore refers to an obligation which has priority over all other moral obligations. On the other hand‚ to inflict harm which may or may not be justified can be referred to as prima facie moral obligation. A prima facie moral obligation is an obligation which has a strong moral reason supporting it. However such obligation may be overridden under special circumstances‚ like self-defense. Therefore it is ethically correct to harm someone else in
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Sandy Cheng CASE BRIEFS Interhandel Case (Switz. v. U.S.)‚ 1959 I.C.J. 6 (Mar. 21) Case Facts The Interhandel case was brought before the Court by Switzerland on October 2nd‚ 1957 to declare that the United States was under an obligation to restore its assets which had been vested in the United States from 1942. In 1946‚ US and Switzerland entered an agreement called the Washington Accord that the US will unblock Swiss assets in the US. Interhandel is a Swiss company entered in the Commercial
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Legal Eagles‚ LLP November 1‚ 2011 Analysis and Consequence of Legal Action(s) To: Rebecca Warren On behalf of Team A: Contents ANALYSIS FOR SUCCESSFUL LAWSUIT REPORT 3 Purpose 3 Factual Background 3 Issue 4 Roadmap 4 GROUNDS OF LIABILITY 5 Remedies for Negligence 5 Statutes Governing Contract Law 5 ANALYSIS OF NATIONAL BANK’S LIABILITY 7 Tort of Negligence 7 SUMMARY 10 DEFENSES AGAINST LIABILTY 10 Other Considerations 10 Analysis of Income 11 Offer and Acceptance
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PART A Sita is able to claim personal injury damages under an action in tort for negligence. The principle of these damages is restituo in inegrum‚ which is based on the principle restoring the plaintiff to the position they were in before the tort took place (Sharman)1. These damages are presented on a once and for all basis as a lump sum with the date of assessment being that of the date of trial. 1. Economic Loss Economic loss is under Divison 2 of the Civil Liability Act2 (CLA). Under
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1 PRINCIPLES OF NATURAL JUSTICE Lecture delivered by Justice T.S.Sivagnanam at Tamil Nadu State Judicial Academy on 01.06.2009 to the newly recruited Civil Judges (JR Division) during Induction Programme 2009 All of you who have assembled here have been newly Inducted in to the Judicial Family. There lies an onerous responsibility on each one of you to carry forward your office with dignity and decorum. The post of Civil Judge Junior Division is the foundation of our Judicial Structure. It
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