court systems Departures from precedent • Public hospitals • Plessey – Dred Scott o What goes into a court´s decision Public policy? Economic theory Precedent? Pressure DECISION MAKING • Using cases as looking at others´ errors • IRAC o Issue o Rule o Application o
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site as well as legal responsibilities as an employer for his employees and their actions. The following areas have been researched: 1. General tortuous liability and contractual liability 2. Liability applicable to the owner of premises 3. Vicarious Liability and Health and Safety 4. Strict Liability Procedure The following research methods were used: Class Notes Text book: Modern Law of Contract‚ 5th Edition by Richard Stone Websites: en.wikipedia
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The harm that was suffered by the plaintiffs “could have been reduced or avoided by the adoption of a reasonable‚” in that if the gust lock had been as Gulfstream asserted and prevented the throttles of the airplane from being advanced from beyond a low setting‚ the airplane would not have reached the speed that it did and the harm that the plaintiffs suffered could have been avoided. In this case‚ the gust lock mechanism allowed the pilots involved in the crash to advance the speed of the airplane
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component of a Zoom car‚ presents an issue common in the business world today. While product liability cases are not uncommon‚ successful cases for the plaintiffs often involve them having to prove many aspects of negligence and product liability – primarily duty of care‚ actual and proximate cause‚ and proof that the defendant is directly at fault for the plaintiff’s injuries. Because the doctrine of strict liability likely applies in this case‚ Daniel Boone does not need to prove that Zoom breached a
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Week Four Make-up. Define‚ comment upon‚ and give examples from your eBook Chapter 6 1. APA for agencies: requires agencies to follow certain uniform procedures in making rules. arbitrary and capricious – this is the standard for challenging and agency action‚ an abuse of discretion or in violation of some other law. It requires the agency to show evidence to support the proposed rule‚ without the evidence the rule can be called arbitrary and capricious. – this can be set aside ultra
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Describe the Elements of a Crime. BTEC National Diploma; Level 3‚ Business Studies Unit 24 – P1 By unknown BUSINESS STUDIES BTEC NATIONAL DIPLOMA LEVEL 3 YEAR 2 In this assignment I am going to explain the main elements of law‚ including detailed examples that are true and relevant to the case to illustrate the meaning of this. Actus Reus – The term Actus Reus is Latin and loosely translated it means the wicked act. Adams‚ R v [1957] Devlin J A doctor was charged with "easing
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Lecture Four – Topic 9 Directors’ Duties 2 Preparation: Read: Jason Harris‚ Anil Hargovan and Michael Adams‚ Australian Corporate Law (LexisNexis‚ 4th ed‚ 2013) Chapters 15‚ 16 Questions/Activities: 1. What is meant by good faith? 2. What are the company’s interests? 3. What are proper purposes? 4. How does a court resolve the purpose for which a power has been exercised where a director has more than one purpose? 5. (Seminar Problem) A tsunami hits
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Diane Espinosa Assg5 1) Memorandum To: Attorney From: Diane Espinosa Re: Could a complaint be dismissed due to failure to state claim upon relief in the state of North Carolina The issue that is presented is can Brad dismiss a claim because of failure to state claim upon relief. North Carolina state defendant motion was to dismiss the plantiff’s amended complaint in the case of Dawson v. Allstate Ins. Co.‚ 106 N.C. App. 691
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Chapter 12 12.1-12.2 1. What is an intentional tort? List three examples in your answer. An intentional tort is a person deliberately causing harm or loss to another person. Examples are trespassing‚ causing a nuisance and defaming are intentional torts. 2. Why do many potential tort actions not result in legal actions? A certain amount of interference with individuals’ right occurs on a daily basis and is considered acceptable in a busy‚ interactive society. 3. Why might a young child not
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contractual duty if a failure to adhere to a contractual duty resulted in criminal liability. In other instances‚ law imposes a duty‚ such as when a defendant creates a dangerous situation and fails to take the requisite steps to remedy it. This was the case in R v Miller when the defendant set alight to a building and when he woke up‚ he failed to
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