Imperfection in liability system The products liability system has been criticized on equity‚ distributive‚ and efficiency grounds. The equity arguments often express a belief that cases should be inside on the basic afford and negligence. In particular‚ firm consider it in equitable to be assessed damage when there was nothing that could be done to prevent the injury. Objection had been made to the inability to use state-of-the-art design as a defense in cases governed by strict liability. In the absence
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Course : Bank Management & Financial Services Chapter 4 : Managing and pricing non-deposit liabilities Questions & Problems 1. Compare and contrast Fed funds transactions with RPs? Repurchase agreements (RPs) are less popular than Fed funds and more complex. Both fed funds and Rps are instruments available for short term borrowing. However‚ RP agreements are collateralized loans and thus‚ the lender is not exposed to credit risk as they are with Federal funds transactions. Most RPs
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------------------------------------------------- Mens Rea (Blameworthiness) Introduction Duff = “responsibility is a necessary but not a sufficient condition of liability” An actor is responsible when they are sufficiently blameworthy in causing the harm or committing the wrong = we blame those who have control over their actions (committing a crime is a mental process) * MR is the guilty mind. Note that it is not necessarily a moral/culpable judgment‚ and there can be involuntary MR e.g.
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171). What factors will determine liability? The factors that will determine if the teachers are liable is if the incident was unforeseen and if the teacher was supervising the students as required during recess. Teachers are required to use a standard of care‚ but if they act improperly or failed to act appropriately in this situation they can be held liable. It is stated that "when an unavoidable injury occurs‚ there is generally no liability" (Essex‚ 2012‚ p. 158). But this situation
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Chan Faat goes over to the father and says‚ “Here’s another one for you.” He then punches the father in the face causing a red mark. The police are called and Chan Faat is arrested. Using the 8-part test discuss in full the possible criminal liability of Chan Faat. (60 marks) ANSWER GUIDE A.1. Nobody has died‚ so do not discuss ‘fatal offences against the person’. Discuss only the ‘non-fatal offences against the person’. Chan Faat may be guilty of both Wounding with intent contrary to
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Assets‚ liabilities and owner’s equity are the three components that make up a company’s balance sheet. The balance sheet‚ which shows a business’s financial condition at any point‚ is based on the equation of assets equals to liabilities plus owner’s equity. This equation is also the framework track of money as it flows in and out of a company. Starting with the first penny a company earn‚ will be recorded in a general ledger each and every transaction using double-entry system of debits and credits
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ERM and Product Liability Tort LAW 531/Business Law ERM and Product Liability Tort The product liability video scenario presents a dispute between Quick Takes Video and Non-Linear Pro. Non-Linear Pro leased a video editing system to Quick Takes Video. It is the opinion of Quick Takes Video that the editing system is not performing as promised. Since it appears that Non-Linear Pro has misrepresented the quality of the product‚ Quick Takes Video can bring a lawsuit to Non-Linear Pro for breach
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Statutory rape is a strict liability crime. It is defined as “sex between an adult and a minor below the age of consent at the time the offense takes place” (Uslegal.com). This also includes persons who lack the ability of consenting to sex because of physical and mental incapabilities. The Model Penal Code lists Statutory Rape as‚ “male who has sexual intercourse with a female not his wife‚ or any person who engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse
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The limited liability partnership; A hybrid of two different forms of business organizations – the partnership and the company. The Limited Liability Partnership (LLP) was introduced as a new business entity in Singapore in 2005. Its definition under S14 of the Limited Liability Partnership Act (LLPA) shares a resemblance to S1 of the Partnership Act (PA): it comprises of two or more persons carrying on a lawful business in view of profit upon registration with the Accounting and Corporate Regulatory
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