Definitions Class V 1. Unconstitutional – not in accordance with a political constitution‚ especially the US Constitution‚ or with procedural rules. 2. Equal protection clause – prohibits “invidious” discrimination‚ that is‚ discrimination not based on sufficient justification. 3. 24th Amendment – Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President‚ for electors for President or Vice President‚ or for Senator or
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Cafazzo (Plaintiff) sued Central Medical Health Services and Physician that did the surgery (Defendants) for product liability for an implanted medical device that failed six years after his surgery in 1986. Cafazzo had surgery for the implantation of a mandibular prosthesis. Cafazzo sued the hospital (Defendant) and the surgeon (Defendant) under strict product liability. Cafazzo’s suit was based on that the product was defectively designed and lacked any warning necessary to ensure safety.
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DEFENCES IN TORTS The word “defence” bears several meanings in the tort context and a great deal of confusion has been spawned of a general failure by courts and commentators to make their intended meaning clear. Although conventionally the word defence is used to refer to those arguments which when used persuades the court to conclude that the defendant in a case is not guilty. So‚ they basically include “absent element defences” which are denials of the components of the tort that the plaintiff
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BUGusa for their employment. WIRETIME had precise knowledge of and literally saw the contract. They actively hindered the contract and caused losses to due to training a replacement for Janet. Scenario: WIRETIME‚ Inc. (Steve and Walter) Discuss any liability BUGusa‚ Inc.‚ may have for Walter’s actions. Walter‚ the security guard‚ was acting as a representative of BUGusa protecting its sensitive information. Walter discovered Steve was a spy for Wiretime‚ a competitor‚ and considered his duty to expose
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Legal‚ Political‚ Ethical Dimension - Week 5 Midterm 1. Question : TCO B. After the 2010 fall election‚ the Democratic National Committee (DNC) decides to take matters into its own hands. During the lame duck session‚ they pass a new "Elections Are Free Act" that requires single people who make more than $75‚000/year or married couples who make more than $150‚000/year to provide a copy of their tax return to their local county officials before being allowed to register to vote. The return must
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To make matters worse Jessica crashes her car on the way to a meeting due to negligence when driving. She hits a school bus and the bus driver and some children on the bus end up being hospitalized. “There are three types of defects that incur liability – manufacturing‚ design defects‚ and marketing defects.” (J.‚ & D.‚ 2010) From the case presented we are ruling out manufacturing and design defects. The only case that National could have against WV Steel would be one based on marketing defects
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Recognizing and Minimizing Tort & Regulatory Risk Plan The purpose of the Recognizing and Minimizing Tort and Regulatory Risk Plan to explain how regulatory risks and common torts describe specific measures on how an organization can manage and minimize each individual risk. The preventive‚ detective‚ and corrective measures for each are explained below. The situation in the Business Regulation Simulation is that Alumina Inc. was involved in some regulatory issues and Alumina Inc. social responsibility
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(Outcome 3.1) 3 Contrast liability in tort with contractual liability using the situations in the scenario 3 Task 2 (Outcome 3.2 & 4.1) 4 Explain the nature of liability in negligence and apply the elements of the tort of negligence and defences in situations above 4 2.1. Duty of care 4 2.2. Breach of Duty of care 5 2.3. Strict liability 6 2.4. Apply to scenario 6 Task 3 (Outcome 3.3 & 4.2) 8 Explain how a business can be vicariously liable and apply the elements of vicarious liability in the scenario above
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Ruff (1995) stated that the criminal liability of producers‚ distributors and suppliers of unsafe products is covered under Part II of the Consumer Protection Act of 1987‚ which has mandated a general safety requirement. The producer‚ distributor or supplier of unsafe products incur criminal liability for failure to exercise due diligence. The law is strict but the criminal liability can be dispensed with after showing that they exercised due diligence and have reasonable grounds to believe that
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negligence to the following: a) occupier’s liability b)strict liability c) negligent misstatements d)employer or vicarious liability e) breach of statutory duty f) criminal negligence HI 5018 BUSINESS LAW T2 2014 3 3 1 Chapter objectives On completion of this chapter‚ you should be able to: explain how a bailment arises describe the duties of a bailor and a bailee HI 5018 BUSINESS LAW T2 2014 4 4 Occupier’s Liability Occupier’s Liability Occupiers must take reasonable care and owe
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