Question 1 What legal issues does this situation raise and what are the possible legal consequences? Issue 1--duty of care The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1]‚ ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach the duty of care is the main
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What Life may Bring ! PM ♥ Sometimes we wish we were young‚ we wish we were somewhere‚ we wish we had something. But sometimes we wish too much that we miss to enjoy WHO WE ARE‚ WHERE WE ARE AND WHAT WE HAVE. The secret of happiness is to embrace and appreciate everything that happens in our life. Happiness is between too little and too much. Having just enough wealth to meet your needs‚ enough poverty to learn how to work hard‚ enough blessings to know God loves you and enough problems so you
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Tort Law and Cases: A Comparison of Two Cases and Their Potential Frivolity8/22/2010 | Introduction “A tort is a civil wrong resulting in injury to a person or property”; that is brought before a court to compensate the injured party (Bagley & Savage‚ 2010‚ pg 251). In order to prove an intentional tort‚ the following conditions must be met: 1) Intent 2) Voluntary act by the defendant 3) Causation 4) Injury or Harm. The following tort cases‚ Pearson v. Chung and Liebeck
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Sally Soparno The fundamental assumption is that learning and practicing negotiation skills can be learned. Others‚ however‚ assume that diplomacy and negotiation are things that can never be learned or taught. They believe that you are either born a negotiator or you are not. Unfortunately‚ this is a very shortsighted assumption. The approach to this will be to use all the information that was provided in the analysis to determine the best position of strategy to save the Opera on opening day
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Issues Identified: 1. Whether William has an action in common negligence against Edmund. 2. Whether Sam has action in rescuer’s duty against Edmund 3. Whether William has an action in vicarious liability against TCS 4. Whether Sam has an action in vicarious liability against TCS Pleadings: 1. William v Edmund A. Duty of care Foreseeability – there will be accidents if bus isn’t checked properly and if Edmund doesn’t watch the road. Fair just reasonable. Proximity – safety of William depended
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Kochan 1 Dr. Paul Fogle What Makes A Person Successful 27 April 2011 Success Principles There are many different success principles that are used by people who are really successful everyday‚ in all aspects of a person’s life. People don’t just magically become successful. It takes years of ones life to learn all the success principles that there are. Then even longer to master and apply the principles to your life. This is when one will start seeing the results that they want. Jack Canfield
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fast-food res aurant before the restaurant had opened for business through an unlocked rear entrance. The doo has been left unlocked by an accomplice who was an employee of the restaurant. After entering the restaurant‚ Reese pushed one employee against a soda machine and‚ while holding a In to the neck of the manager‚ forced her to open the safe. Reese then locked the employees in
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Torts Notes – Negligence Contents 1 Preamble 2 1.1 Concurrent Wrongdoers 2 1.2 Death 2 1.3 Apologists 2 1.4 Vicarious liability/non-delegable duties 3 2 Duty of care 5 2.1 Immunities 5 2.2 Omissions/failure to control third party 6 2.3 Atypical Plaintiffs 6 2.4 Unborn Child 6 2.5 Mental Harm/Nervous Shock 7 2.6 Statutory Authorities 8 2.7 Pure Economic Loss/Negligent Misstatement 11 3 Breach of Duty 12 3.1 Section 5C 12 3.2 Obvious risks 12 4 Causation 13 4.1 Res ipsa loquitur
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The Intentional Tort An intentional tort requires intent to commit an act‚ the consequences of which interfere with the personal or business interests of another in a way not permitted by law. It does not have to be an evil or harmful motive behind the tort. As a matter of fact tort law says intent means that the person intended the consequences of his or her act and knew with certainty that certain consequences would result from the act. The tort I will be discussing is assault and battery.
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1. Which torts protect against the intentional interference with persons? The torts that protect against the intentional interference are the following: Assault which is an intentional‚ unexcused act that creates in another person a reasonable apprehension or fear of im-mediate harmful or offensive contact. Battery‚ that is an unexcused‚ harmful‚ or offensive physical contact intention¬ally performed. False imprisonment is the intentional confinement or restraint of another person without justifi¬cation
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