“At its very heart‚ causation in fact is all about policy and not law”. Critically evaluate this statement with reference to decided cases. 1515 words An issue with causation arises usually when we encounter different factors that brought about the same damage. We need to establish which of these factors is legally relevant in order to determine liability. Causation is a difficult topic in tort law because there is no simple formula or test that can ascertain whether a certain act or
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1. Is the statement defamatory? TEST: Is it a statement which tends to lower the claimant in the estimation of right thinking member of society’ (Slim v Stretch) Where the claimant is ‘shunned or avoided’ (Youssoupoff v MGM Pictures) as a result of the statement. ‘Ordinary and reasonable person’ - fair-minded‚ neither unduly suspicious nor unduly naïve‚ nor avid for scandal‚ nor bound to select one defamatory meaning when non-defamatory meanings are available Lewis v Daily Telegraph Who decides
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In this negligence case brought by a former tenant Rosetta Taylor‚ the Defendants Vista Views Leasing Properties Inc.‚ d/b/a Park Bluff Apartments move for summary judgment on plaintiff’s claim of negligence and breach of duty. The defendants move for summary judgment based on an affirmative pleading of the defense of the statute of limitations. Tex. R. Civ. P. 94; Tex. Civ. Prac. & Rem. Code § 16.003(a) (West 2002). Defendants contend that the statute of limitations has run and bars any and all
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The taste of chocolate malt always reminds me of the day we first brought my baby brother home from the hospital. Why? It’s because a chocolate malt was the treat my parents bought to stop me from fussing on the ride home. You see‚ they kept asking me things like‚ "What do you think of the new baby?" and‚ "Are you excited to have such a cute brother?" Every time they asked‚ I fussed about something different. I was five years old‚ and at that age I used to complain about everything. Just the
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Case Study I by ___________________________: Citation: Gerald K. Adams v Uno Restaurants‚ Inc Rhode Island State Court‚ 2002 794 A. 2nd District 489 Appeal: Gerald K. Adams v Uno Restaurants‚ Inc Rhode Island Supreme Court No. 2000-266 (KC 97 -1005) Facts: On May 20‚ 1996‚ the plaintiff‚ who had been employed by the defendant for several years‚ arrived for his nighttime line cooking shift at the defendant’s Warwick restaurant. Shortly‚ after his shift began‚ the plaintiff noticed
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The issue of this case is whether Freeze Bhd. (FB) has acted as an agent of necessity in the situation and qualified to claim for warehouse storage charges from Nice to Eat Restaurant (NER). Section 142 Contract Act 1950 states‚ “An agent has authority‚ in an emergency‚ to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence‚ in his own case‚ under similar circumtances.” According to Section 142‚ an agency by necessity may arise
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property by tolerance and are not paying rental‚ whatsoever‚ nor is there any contract/agreement‚ either written or otherwise‚ with the understanding that they will vacate the premises upon demand. II. Issue of the Case WHETHER OR NOT THE COMPLAINT IS SUFFECIENT TO WARRANT EJECTMENT AS A PROPER REMEDY OF THE PLAINTIFF? III. Discussion/Arguments An unlawful detainer may be filed in the proper Municipal Trial Court within one year after such unlawful deprivation or withholding of possession
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Week 8 Checkpoint 1. Assault: When someone attempts to harm or threatens someone else. 2. Breach of Confidentiality: Is when information has been released to someone who is not authorized to have it‚ or without the patients consent. 3. Battery: Touching a person without their permission. 4. Burden of Proof: Is the responsibility to prove harm or wrongdoing. 5. Defendant: This is the person that is being sued‚ or needs to defend themselves in court. 6. Contempt
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important prospective client‚ I did it as well. My favorite thing about this job was meeting with my staff. It was a group of very young and creative people. I liked to support my team and helped to solve problems. I didn’t like to solve customer complaints. Our clients usually wanted more services for less money and it was always in danger of losing clients and income. In the future‚ I would like to do this kind of job. I love sales and have to deal with challenges of this
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the feeling of an involvement with the character in the outcome of her thoughts‚ captured me. She starts to think as if she is guilty or not by complaining about the conductor of bus No.14. Maybe she should change the attitude and the way of the complaint? Maybe she should not complain about him in order not to get him fired? She begins to think more logically about him and his entire environment (his son‚ his mother) and she immediately comes up with a new idea which is writing a letter‚ explaining
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