Tort law is defined as a body of rights which are applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. Since businesses have high amounts of money which can provide them with multiple lawyers‚ it makes it almost impossible for an average customer to not only defeat but even have a fair fight in court. Tort law protects the customer’s best interest and provides them the highest level of justice in these types of cases. Although
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Woolmington v DPP. Specific intent crimes require proof of a higher level of mens rea (ie intention) because of the moral blameworthiness attached to such crimes‚ whereas‚ basic intent crimes require proof only of recklessness. Intention is the highest form of mens rea and has two types‚ direct and oblique. Direct intent is where the D’s aim‚ objective and purpose to being about the consequence‚ this is set out in R v Mohan‚ often referred to as purpose intent. It is D’s Aim‚ Objective and Purpose to
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INDIAN CONTRACT ACT 1. S. 124 - Gajanan Moreshwar Parelkar v Moreshwar Madan Mantri (Indemnity) (Plaintiff‚ at the request of the defendant‚ executed two mortgages in favour of Mohandas. Defendant wrote a letter promising to indemnify the plaintiff against any suits by the mortgagee‚ along with executing a third mortgage in place of the previous two. Plaintiff prays that the defendant obtains a release of liability from Mohandas; Issues: 1) Can the indemnified ask for performance of the contract
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Miller v. Alabama By Melissa Nester Criminal Law This assignment will show how in the case of Miller v. Alabama cruel and unusual punishment has been applied to the juvenile offenders who commit criminal acts but do not have the mental capacity of an adult who knows what they are doing. Juvenile offenders were being sentenced to life in prison without the possibility of parole until Miller fought to have this sentenced changed. Evan Miller‚ 14 years old was convicted of aggravated
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Critical Legal Thinking Case Assignment Three Kristine Turnage Florida State College at Jacksonville Business Law and Ethics BUL 3130 February 22‚ 2013 Abstract Compensatory damages are intended to provide a plaintiff with the monetary amount necessary to replace what was lost and nothing more. To be awarded compensatory damages‚ Pat the plaintiff must prove that he has suffered a legally recognizable harm that is compensable by a certain amount of money that can be objectively determined
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1. What are the pros and cons of implementing an Enterprise Risk Management System? The pros of implementing an Enterprise Risk Management System are to forecast potential risks and prevent significant risks and work with the company’s culture to achieve the entity objectives. The cons of implementing an Enterprise Risk Management System are involved with too many resources‚ sometimes it is quite time consuming and hard to determine the possibility of the risks. 2. Use COSO’s eight ERM components
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The Criminal Offence Of Blasphemy And Its Compatibility With The HRA 1998 Name: Institution: Course: Date: Criminal offense is an act‚ which is punishable by criminal law. It involves the violation of various laws‚ moral principles and duties that one is expected to perform or observe1. Criminal law is a body that regulates social conduct in the society2. The law prescribes the things that are harmful or threatening to property‚ safety and moral welfare of the society. Criminal law lays
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PA-310 Unit 1 Causes of Action Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others. Tort law only requires 4 elements to be shown. The first one is that the tortfeasor owes the injured party a duty to do something or not to do something; two is that tortfeasor breached the
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Topic 1: Distinguish between the role of criminal law and civil law in relation to the legal system and analyse the purpose of the law. Criminal law is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is prohibited by the state because it is held to threaten‚ harm or otherwise endanger the safety and welfare of the public‚ and that sets out the punishment to be imposed on those who breach these laws. [1] The criminal law serves
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entrusted with its handling and care. Embezzlement is a serious crime that carries penalties in both the civil and criminal court. Employees who care for public funds are most likely to be given harsh punishment‚ keeping in mind the severity and repercussions of the crime. There are three major differences between civil court and criminal court in embezzlement. Firstly‚ in civil law‚ a case starts when a complaint is filed by a party‚ which may be an individual‚ an organization‚ a company or a corporation
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