The Law of Torts in New Zealand (5th ed‚ Brookers‚ Wellington‚ 2009)‚ Professor Todd suggested that physical injuries “should be understood to mean any condition involving harm to the human body...that is more than merely trifling or fleeting”. The claimant suffered a physical injury which involved the nicking of a finger. There is no dispute that there was
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Big Fat Liability 2. In your opinion‚ should the food and restaurant industries be held liable for the rise of obesity‚ or not? That is‚ which side do you support and why? The food and restaurant industries should not be held solely reliable for the rise of obesity. The individual should hold some responsibility for the foods they chose to consume. If it’s a minor that is obese than the parents should hold responsibility because they play a large role in the foods they eat. Restaurants
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learned in class‚ a tort is a form of wrongful action that brings or causes harm to someone else that can lead to a lawsuit. Some torts are intentional‚ negligent‚ or strict liability. If you were intentionality trying to hurt someone or you were being reckless‚ you weren’t not making safe and conscious actions that only affect you. There are many different forms of intentional torts that are committed every day and there are consequences for those actions. The main intentional torts that are committed
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TORTS FINAL EXAM OUTLINE INTENTIONAL TORTS 3 2. Battery 3 3. Assault 3 4. Intentional Infliction of Emotional Distress 3 5. False Imprisonment 4 6. Trespass 4 6.1. Trespass to Land 4 6.2. Trespass to Chattels 4 6.3. Conversion 4 AFFIRMATIVE DEFENSES 5 7. Consent (Privilege) 5 8. Self Defense (Privilege) 5 8.1. Self-Defense by Force Not Threatening Death or Serious Bodily Harm 5 8.2. Self-Defense by Force Threatening Death or Serious Bodily Harm
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Liability Exposure in Business Joshua Houghton Ashford University BUS670 Legal Environment Professor Janet Fiorentino February 17th‚ 2013 Liability Exposure in Business Creation of a business of any type has to fall under a particular organizational form. There are many elements to starting a business a future proprietor should consider‚ such as degree of forms and applications that need to be filed‚ state and federal‚ legal liabilities‚ level of difficulty in the formation of a business
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Exceptions Children: When it comes to occupier’s liability there are some exceptions. The law on children says ‘ an occupier must be prepared for children to be less careful than adults’. For instance in the Pearson V Coleman Bros (1948) a 7 year old girl went to the circus with her family. She wandered of to go to the toilets instead she ended up in the animal enclosure and was attacked by a lion. We could argue the law of occupiers liability doesn’t cover the the child as went into a private
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Limited Liability Personal Definition: In the event a liability arises‚ limited liability prohibits the available assets to only the business entity itself. Essentially‚ the investor cannot lose more than he or she puts in. This protects the individuals working for the entity on a personal level. Nobody can attack his or her personal assets‚ unless the individual exhibits some form of activity that qualifies for piercing the corporate veil. Investopedia Definition: A type of liability that does
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THE LIMITED LIABILITY COMPANY A popular form of business‚ especially with small businesses‚ is the hybrid form of business‚ the limited liability company (LLC) or a limited liability partnership (LLP)‚ which combine the best features of a partnership and a corporation. In 1988‚ the Internal Revenue Service (IRS) ruled that the LLC may be treated as a partnership for tax purposes‚ while retaining its limited liability for its owners. Since this ruling‚ every state has passed legislation permitting
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may apply (repose‚ limitations) 5. Survival action: an action the decedent had before his death that is brought by his executor/administrator on behalf of the estate 6. Felony-Merger Doctrine: CL does not allow recovery for an act that was both a tort and a felony‚ but it is allowed under modern US law 2. Selders v. Armentrout a. Facts: 3 minor children killed in a car accident b/c of D’s negligence b. Issue: How should damages for wrongful death be calculated? c. Damages i. Traditional Rule:
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1. Teddy’s Supplies’ CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddy’s case that impact liability. Include your opinion of the "worst case" of damages the company may have to pay to Virginia. (Points : 30) Dear Sir‚ I believe
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