QUESTION: Acquisition of property by a fiduciary of his principal is governed by two rules..discuss INTRODUCTION “A fiduciary is a person holding the character of a trustee‚ or a character analogous to that of a trustee‚ in respect to the trust and confidence involved in it and the scrupulous good faith and cador which it requires” (blacklaws dictionary). Lord Millet in Bristol and West Building Society V Mothew1 stated that a fiduciary is someone who has undertaken to act
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DEFINITION: A tort is a civil wrong beyond a breach of contract for which the law provides redress. A. The law of torts focuses on private right of redress. The aggrieved party sues in tort to recover damages for the harm caused by her defendant. Contrast this to criminal law where the State‚ through government-employed prosecutors‚ pursues the action and extracts the punishment. B. LAWS come from 3 sources: i. Constitution ii. Statutory Law iii. Jurisprudential (or common law) TORT LAW comes
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BUSINESS REGULATION SIMULATION Mary Grace C. Viray LAW/531 May 25‚ 2013 Professor Gregory Martin In analyzing the tort violation that Alumina‚ Inc may have possibly violated‚ they may be looking at negligence tort. There was definitely a breach of duty but still needs to prove that there is a proximate legal cause of injury from the result of environmental non-compliance of Alumina to be considered a case of negligence. After the violation‚ the company should have developed Enterprise Risk
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Contracts‚ Torts and Product Liability Name Institution Chapters 6 and 7 of John McAdams book are on contracts‚ business torts‚ and product liability respectively. In order to understand these chapters fully‚ I will provide an appropriate case and the court’s ruling due to the influence of factors discussed in these two chapters. Before I discuss this case‚ an introduction on the keywords in these chapters in relation to business law is necessary. A contract is a binding legal
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Taking Action: A Ethical and Legal Duty to Warn and Protect Third Parties Stephanie Y. Symonette Texas Southern University Psychology 730‚ Ethical and Legal Issues in Mental Health July 13‚ 2010 Abstract The duty to warn refers to the responsibility of a counselor or therapist to breach confidentiality if a client or other identifiable person is in clear or imminent danger. The duty to protect is a counselor’s duty to reveal confidential client
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Argument against a cap on reward of damages The tort system was created to summarize compensation methods and amounts for wrongs and harms committed by one party to another. Tort law‚ in essence‚ aims to offer the damaged party a chance to restore their state back to its point of origin; in other words‚ the point of tort law is to place a financial obligation on an individual who causes harm to another party. The decision to put a cap on damages is not just harmful‚ but also makes it very
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very important is taking place among all the music‚ flowers and guests—a covenant is being made between the bride‚ groom and God. And even through‚ the couple will sign a piece of paper surrounded by their witnesses‚ they are not entering into a contractual agreement‚
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There are several issues I feel strongly enough about to participate in civil disobedience to create change and bring awareness to those issues. In 1986‚ I participate in act of civil disobedience‚ this was before Dr. Martin Luther King’s birthday was recognize as a federal holiday. I was a sophomore in school and I ask the school principal could they recognize Dr. King’s birthday during the morning announcements‚ that request was denied. I informed the principle that I would not be attending
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1. Identify & describe the failure points in TJX’s security that requires attention (including‚ but not limited to: People‚ Work Process‚ and Technology)? After analyzing the Ivey case on TJX data fiasco‚ I would say there were three major failure points that caused this $168MM financial hit to the corporation. • Technology: it is obvious that TJX had several technology deficiencies mainly driven by systems limitations and vulnerability. For example‚ inadequate wireless network security
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other‚ who coincidentally was passing by. In this case‚ Tim can definitely claim against Danny as Danny has surely commit a tortuous action towards Tim. Tort is a French word for wrong and tort has three categories namely intentional torts‚ unintentional torts (negligence)‚ and strict liability (Cheeseman‚ 2010). This case is specifically classified as unintentional tort or negligence. The victim could claim damages sought from the offending party (Cheeseman‚ 2010). Since Tim was injured‚ he could bring
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