Donoghue vs Stevenson (1932) is the first case law relevant of liability to third party. However‚ in this case‚ the liability is only established if there are physical harms of loss by third parties (not economic losses) Candler & Crane Chrismas (1951) is the next stage of development‚ where there is liability for financial loss if there is a contractual relationship‚ a fiduciary relationship or a fraud Hedley Byrne & Co Ltd vs Heller & Parties Ltd (1963) is a significant point of development
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Amanda Fultz Mark Davis BUL 2131-43 8-19-2013 Liability for Agent’s Contracts You run a successful paper mill and send out your three best personnel to secure new wood pulp sources using due diligence and skill. Applying the agency principles outlined in this chapter‚ answer the following questions. Delilah‚ does not return with wood pulp‚ but brings back three contracts. Acting within the scope of her authority‚ she contracted
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forms of business entities available‚ a recent one being limited liability partnerships (LLP)‚ created by the Limited Liability Partnership Act 2000 (LLPA). This act came into force on the 6th of April 2001. As‚ LLP’s have qualities similar to partnerships‚ they are seen as a hybrid between a partnership and a company. An LLP is a ‘corporate body’ with ‘separate legal personality’‚ distinct from its members. Members enjoy limited liability and are not jointly and severally liable for the debts of the
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Jacobs and Mehajer) Punishment for murder (s19A) • Person who commits murder is liable for imprisonment for life. Voluntary manslaughter • Has all physical and fault elements of murder‚ but a mitigating circumstances reduce the liability to manslaughter. • Insanity‚ Provocation‚ self-defence or excess self-defence‚ Substantial impairment by abnormailty of the mind. • Elements: 1) The act (provocation‚ insanity?) 2) Caused death (Royal)
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Vicarious Liability Monday‚ January 12‚ 2015 10:00 PM Vicarious Liability is where one person is held liable for the torts of another. This is usually where an employer is liable for the torts of employee. For the employer to be liable: i) A tort‚ (such as negligence‚ battery or even in breach of statutory duty (Majrowski v Guys and St Thomas’s NHS Trust 2007)) ii) committed by his employee‚ iii) during the course of employment. • Original defendant (employee) must be liable in tort first Prepared
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Bank Prudential Regulation Bank regulations are a form of government regulation which subject banks to certain requirements‚ restrictions and guidelines. This regulatory structure creates transparency between banking institutions and the individuals and corporations with whom they conduct business‚ among other things. Given the interconnectedness of the banking industry and the reliance that the national (and global) economy hold on banks‚ it is important for regulatory agencies to maintain control
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The issue is whether the defendant Sykt Jebat can be held liable for the damages suffered by the plaintiffs‚ Sam‚ Jojo and Lan under the law of Occupiers’ Liability. Occupiers’ liability concerns injury caused to a plaintiff as a result of defective condition of the land‚ building and premises. In order to establish occupiers’ liability‚ the occupier must have a sufficient degree of control over the premise. Lord Denning in Wheat v Lacon & Co Ltd (1966) held that “whenever a person has a sufficient
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Health Law and Regulations Bianca Needham September 22‚ 2014 Professor Kathleen Cross Health Law and Regulations Federal regulation agencies function as an extension of the executive branch in government that generate and enforce legislation. Regulation and regulatory agencies play an important role in the health care arena. The array of regulations that govern healthcare are overwhelming‚ however‚ each individual regulatory agency has a specific scope that focuses on protecting and maintaining
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Career Path in Criminal Justice Brandi N. Thomas Bryant & Stratton College CRJU 100: Introduction to Criminal Justice Mrs. Anderson March 7‚ 2013 Abstract This paper is about which career path interest me the most in the criminal justice field. When I first thought about this question I was interested in paroling now I’m interested in criminal counselor. This career path interests me for so many reasons. I would love to counsel criminals and help them through their time of need. Most
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Criminal Law Evaluation Paper CJA/354 Criminal Law June 20‚ 2011 Kristin Mildenberger Abstract Criminal law is very important to the criminal justice system. Criminal law states what behavior is criminal and it gives the punishment for each crime. In this document the sources and purposes of criminal law will be discussed. The jurisdiction information will be explained in order to show how it determines where the laws are enforced and created. The differences in the adversarial system and
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