AND CONTRACT LIABILITIES AND WAYS TO AVOID THEM Potential Torts and Contract Liabilities And Different Ways to Avoid Them Abstract People who do business as a sole proprietor or in a partnership are liable for the torts committed by them and for torts committed by the business and its agents. The best way to avoid tort liability is to set establish their business as a corporation or a limited liability company. A corporation or limited liability company will
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Explain the arguments for and against strict liability offences A strict liability offence is one where it is not necessary for the prosecution to prove any mens rea. In most cases of strict liability even if one did not have the intent to commit a crime‚ however reasonable‚ in relation to a particular element of the actus reus of an offence‚ they can still be convicted. This can be shown in reference to Prince and Hibbert. Prince (1875) the girl was taken by Prince even though he knew she was
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When it comes down to the basics strict liability actions and negligence actions go hand and hand. When the elements and defenses come into play the actions may differ‚ however‚ where one might not apply the other might apply depending on the extent of care taken by the tortfeasor. Negligence is defined as the failure to exercise reasonable care to avoid injuring others or the property belonging to others. This would be if somebody does not exercise the amount of care that a reasonable careful
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predominantly sell hamburgers‚ various types of chicken sandwiches and products‚ French fries‚ soft drinks‚ breakfast items‚ and desserts. In most markets‚ McDonald’s offers salads and vegetarian items‚ wraps and other localized fare. The product liability lawsuit that I will discuss is Liebeck v. McDonald’s Restaurants. This case got national recognition and became a flash point in the debate in the U.S. over tort reform after a jury awarded $2.9 million to Stella Liebeck. In February 1992‚ Seventy-nine-year-old
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BankChapter 13 - Property‚ Plant‚ and Equipment: Depreciation and Depletion Chapter 13 Property‚ Plant‚ and Equipment: Depreciation and Depletion True / False Questions 1. The auditors’ approach to the audit of property‚ plant‚ and equipment largely results from the fact that relatively few transactions occur. True False 2. A major control procedure related to plant and equipment is a budget for depreciation. True False 3. Evidence of continued ownership of property is obtained by vouching
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Case note Sexual abuse and the changing nature of vicarious liability Case: Various Claimants v Institute of the Brothers of the Christian Schools [2012] UKSC 5: [2012] 3 W.L.R. 1319 (SC) According to Steele‚ vicarious liability is defined as an employer being found liable for the tort of his or her employee‚ provided that tort is sufficiently connected with the individual’s employment. On the face of it‚ this definition seems straightforward and clear‚ however you only need to look at the plethora
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The Exclusionary Rule and Civil Liability Mark McCormick Kaplan University CJ-299 Professor Donna Yohman August 30‚ 2014 In 1914‚ Weeks v. United States was decided by the Supreme Court. In Weeks‚ the Court made a landmark decision relating to illegal search and seizure by law enforcement called the Exclusionary Rule. The Exclusionary Rule provided that evidence “illegally seized by law enforcement officers in violation of a suspect’s right to be free from unreasonable
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Long Term Liabilities – Bonds MULTIPLE CHOICE QUESTIONS EXERCISE 1. From the standpoint of the issuing company‚ a disadvantage of using bonds as a means of long-term financing is that a. bond interest is deductible for tax purposes. b. interest must be paid on a periodic basis regardless of earnings. c. income to stockholders may increase as a result of trading on the equity. d. the bondholders do not have voting rights. 2. If a corporation issued $3‚000‚000 in bonds which pay 5% annual interest
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Discuss the criminal liability of Dave for the murder of Edward. (25) I would charge Dave under s18 of OAPA (1861). For a s18 offence‚ there needs to be a Mens Rea of intention where the defendant must see some harm and consequence‚ and the Actus Reus of GBH or Murder. For s18 to be applicable‚ direct intention needs to be proven. When Direct Intention cannot be proven‚ oblique intention (as per Woolin‚ however more recently Matthews and alleyene” is applied‚ which has more criteria. When it
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There is no statutory definition of Intention and there is also no agreement in English Law as to the meaning of Intention. Its meaning is to be found in judicial decisions. Unfortunately there has been lack of consistency in the approach of the courts to the issue. The concept of intention and recklessness are distinct with one another. The definition of intention should not overlap with the definition of recklessness. It is generally accepted that it is central and core meaning of intention is
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