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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based on a case scenario and will critically analyse the ethical dilemmas that health and social care practitioner’s encounter with regards to: implications of consent‚ disclosure of personal information and maintaining patient confidentiality. The legal aspects of the scenario will be discussed in relation to the breaching of confidentiality and how the Data Protection Act (1998) can conflict with other legislation intended to protect patient’s rights. In addition it will identify the consequences
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Legal Philosophy Positive Law Law as the Sovereign’s Command – John Austin * the subject of jurisprudence is positive law * law set by political superiors to political inferiors Command – a significance of desire In commands‚ unlike in other significations of desire‚ the one commanding has the power to inflict evil or harm upon the one commanded‚ once the command is ignored. Command and Duty are correlative terms (parang games lang‚ haha!) * wherever a duty lies‚ a command
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INTERNATIONAL ARBITRATION (1) In an international commercial arbitration‚ parties usually involve a third party‚ i.e. someone who is neutral‚ (arbitrator) and the neutral party is entrusted with the responsibility of resolving the dispute. The authority of the arbitrator is derived not from a court system‚ but from the consent of the parties as stipulated in their contract‚ or mutual agreement. It is imperative to note here that the court can enforce the decision or ruling of the arbitrator
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Licup 1 Metaphor‚ Tone and Antithesis in "Legal Alien" "Legal Alien‚" a collection from "Chants‚" is a short free versed poem written by Pat Mora. The poem explores the lives of Mexican-Americans and the cultural tension they have to face. The poet discusses a bi-cultural person whose parents are from Mexico but the person was born and raised in America and is an American citizen by law. Although he can speak fluent English and Spanish‚ he still has a hard time being accepted by both or one race
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1982). Managing an international business is different from managing a domestic business for at least four reasons: (i) countries are different‚ (ii) the range of problems confronted by a manager in an international business is wider and the problems themselves more complex than those confronted by a manager in a domestic business‚ (iii) managers in an international business must find ways to work within the limits imposed by governments ’ intervention in the international trade and investment
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Legal Marijuana: Helpful or Harmful? James Nix Soc:102 Amber Anderson May 25‚ 2013 Legal Marijuana: Helpful or Harmful? The year is 2013 and the reality of legalized marijuana in the United States seems to be getting closer with each year. A highly controversial topic because marijuana’s primary use throughout history has been for abusive purposes more than anything else. Marijuana has medicinal uses and the stalks of the plants can be used for making paper or even fibers for ropes or canvases
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Bar Matter No. 553 June 17‚ 1993 MAURICIO C. ULEP‚ petitioner‚ vs. THE LEGAL CLINIC‚ INC.‚ respondent. REGALADO‚ J.: Petitioner prays this Court "to order the respondent to cease and desist from issuing advertisements similar to or of the same tenor as that of annexes "A" and "B" (of said petition) and to perpetually prohibit persons or entities from making advertisements pertaining to the exercise of the law profession other than those allowed by law." The advertisements complained of by
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The topic of discussion is about the dispute between china and Japan (north China Sea). This topic has vast and broader consequences as well. Many of the difficulties‚ theories‚ facts and figures‚ disputes‚ multiple concepts‚ relationships of these two countries with others and many more information is involved in this topic. We will discuss the intense relations for a long time amongst these two countries. The basic issue in this topic is Senkaku island dispute between china and japans and it has
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International Legal and Ethical Issues Celina Garcia-Sanchez LAW/421 Gregory Martin What are the issues involved in resolving legal disputes in international transactions? The issues are what choice of law clause you are going to use in the contract in case of dispute or breach of contract. The other issue is what forum selection clause is going to be used if there’s ever an issue or dispute. Both are very important issues to address before getting into contract with a foreign business. You
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