Plan for Minimizing and Managing Tort Liability Arising out of Regulatory Risks Regulatory risks are risks associated with the failure to comply with a whole host of governmental regulations. Such risks impact a company’s existing assets‚ earnings‚ and often‚ reputation. In the context of tort liability arising out of non-compliance of government regulations‚ it is in every company’s business interest to allocate resources to identify those risks‚ and to implement action plans to avoid
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Dear Senior Partner This memo addresses three fundamental issues of concern to The Waves’ Executive Committee. It is noteworthy that decisions of the Executive Committee are generally taken to be as decisions of the Owners Corporation. 1. Fixing The Waves Pool Heater The first issue to resolve is whether the Owners Corporation has a duty to fix The Waves’ pool heater. In the Strata Schemes Management Act‚ common property is defined as any land in a strata scheme that is not composed of a lot
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Week 2 Mens Rea The defendant’s mental state. Mens Rea and Actus Reus are necessary for a crime; apart from in strict liability crimes when mens rea is not necessary. Different crimes have different mens rea. Example: murder requires intention to cause death or GBH. Sometimes an offence will have different mens rea for different aspects of the crime. Example: rape needs intention to commit sexual intercourse but only needs recklessness as to whether the victim is consenting
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Original Trial In R v. Stone & Dobinson [1977] 1 Q.B. 354‚ the verdict of manslaughter‚ and its upholding on appeal‚ is well justified by the facts. In the trial‚ there was no dispute that the actions of the defendants resulted in Fanny Stone’s death – she was unable to care for herself‚ and they neglected to care for her – constituting actus reus. However‚ there was a question of their duty of care for her‚ and therefore whether their inaction to care for her constituted mens rea for the crime.
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skills; • enhance your understanding of law as a dynamic process; • learn how to independently research a particular aspect of the law; • reflect on and consider particular legal issues; • learn and apply how to solve legal problems using IRAC/ILAC format; • demonstrate understanding of the legal environment‚ including relevant laws as well as economic‚ ethical‚ social/cultural‚ international and political issues; • develop your knowledge about the subject area of your research;
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CASE) M.C. Mehta v. Union of India is a famous tort law Indian case that brought in the concept of “Absolute Liability”. Every citizen has a right to fresh air and to live in a pollution free environment. This originated when Oleum gas leaked from Shriram Food and Fertilizers Industry in Delhi. This created a lot of panic among the people and laid down the principles of absolute liability. FACTS Shriram Food and Fertilizers Industry‚ a subsidiary company of Delhi Cloth Mills Ltd. was engaged in
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International College of Business and Human Resources Development Common Law Assignment 1 BMT: 387-09-09 Task 1(P1) A contract may be defined as an agreement which legally binds the parties. A party to a contract is bound because he has agreed to be bound. The underlying theory then is that a contract is the outcome of ‘consenting minds’. Parties are not judged by what is in their minds what they have said‚ written or done. Contracts are
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Head Solicitor I am going to create a detailed report for our new client Mr Mitchell. I am going to be informing him about the elements and various cases that need to be considered to assess a crime along with a thorough explanation of corporate liability. Elements of Crime When proving that the defendant is guilty‚ there are two elements of law which are Actus Rea and Mens Rea. Actus Rea (a/r) Actus Rea is the physical element of a crime which
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national origin. Through the critical analysis of Wisconsin v. Mitchell‚ it argues that an important element which is that the First Amendment does not protect violence. It enhances the maximum penalty for act motivated by a discriminatory point of view. IRAC Analysis Wisconsin v. Mitchell‚ 508 U.S. 476 (1993) Fact: A young black man his name is Mitchell‚ and a group of his friends beat up a withe boy in Wisconsin. Mitchell got his idea of the attack after watching white man beat up a black boy in a movie
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Lifting of Corporate Veil in Tort Cases in Pursuit of Justice Introduction Limited liability has been the prevailing rule for corporations for more than a century. It creates incentives for excessive risk-taking by allowing companies to avoid the full costs of their activities. Strict application of this rule in all cases would lead to inflexibility and injustice‚ particularly in tort cases. Therefore‚ as suggested by Stephen Griffin—“in the interests of justice and to prevent subsidiary companies
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