Question 1 Mary v Peter Issue Given that Mary was injured by Peters’ act‚ is he solely liable for the accident? Law * In this case‚ we have to look at the Civil Liability Act 2002 (NSW) to determine who was negligent and in specific‚ we use s 5B(1)‚ s 5B(2) and s 5R of the Civil Liability Act 2002 (NSW); s 5B(1) for the reasonable foreseeability test‚ s 5B(2) for determining if the standard of reasonable care has been breached and s 5R for contributory negligence. * Where both the
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Indeterminate Liability Liability is indeterminate only when the number of claims or the size of the claims cannot be realistically calculated. Therefore‚ indeterminacy depends upon what the defendant knew or ought to have known regarding the number of claimants and the nature of their likely claims. Hence‚ liability will not be imposed if it may lead to liability in an indeterminate time to an indeterminate class. In assessing indeterminacy in this case‚ 23andMe is a genome-testing organisation
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Before commenting upon the nature of Limited Liability Partnerships (LLP) it is necessary to understand the system of partnership that it embodies. The LLP is provided for by the provisions of the Limited Liability Partnership Act‚ 2008. Under this act the LLP has been described as a “body corporate” and a artificial legal personality with perpetual succession. Under the LLP the partners can manage the rights of duties though the means of an agreement that would be governed by the LLP act. The interested
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Classification of contractual terms as “condition‚” “warranty” or “innominate” terms seems random. The terms written in the statement above are considered to be unnecessary‚ or more precisely irrelevant. This essay will discuss how these words‚ instead‚ are important as contractual terms through explanations‚ definitions and examples. A contract is an agreement made by two different parties made through a promise granted by the law. A contract can be of two types or better‚ of two forms. The first
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French fries‚ soft drinks‚ breakfast items‚ and desserts. In most markets‚ McDonald’s offers salads and vegetarian items‚ wraps and other localized fare. The product liability lawsuit that I will discuss is Liebeck v. McDonald’s Restaurants. This case got national recognition and became a flash point in the debate in the U.S. over tort reform after a jury awarded $2.9 million to Stella Liebeck. In February 1992‚ Seventy-nine-year-old Stella Liebeck of Albuquerque‚ New Mexico‚ was sitting in the passenger
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The Exclusionary Rule and Civil Liability Mark McCormick Kaplan University CJ-299 Professor Donna Yohman August 30‚ 2014 In 1914‚ Weeks v. United States was decided by the Supreme Court. In Weeks‚ the Court made a landmark decision relating to illegal search and seizure by law enforcement called the Exclusionary Rule. The Exclusionary Rule provided that evidence “illegally seized by law enforcement officers in violation of a suspect’s right to be free from unreasonable
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Week Two Learning Team Reflection on Personal Liability Law/531 October 2‚ 2012 Week Two Learning Team Reflection on Personal Liability Benefits to Commerce Team C colleagues decided on the following opinions in respect to the advantages of commerce using shareholders and other entities for protection against personal liability losses. Commerce is the buying and selling of goods or services within cities‚ states‚ and globally. The legal structure of a business will establish the liable
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Topic: Liability of Promoters During Pre-incorporation contracts Table of Contents Introduction 3 Research Methodology 6 Research Questions 7 Chapter 1: Promoters and Pre-incorporation Contracts 8 Chapter 2: Fiduciary duty of the promoter 11 Chapter 3: Breach of the pre-incorporation contract and the Liability of Promoters 13 Conclusion 19 Bibliography 20 Introduction A company is an entity which is recognized and created by the law. It can only contract when the law deems it to come into
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Tort Reform: The Destruction of the Civil Court System “If it ain’t broke‚ don’t fix it”. This informal maxim can be applied to countless situations‚ from car maintenance to business practices. It can also be applied to the idea of tort reform and its effect on the civil court system in the United States. ‘Tort reform’ commonly refers to “proposed changes to common law civil justice systems that would place limits or caps on tort litigation or damages to be awarded to a plaintiff” (“Tort Reform
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their members deserve limited liability? Is it fair that LLCs do not pay income taxes? A small business deserve limited liability because it’s used like a risk protection for their business as well as the owners. “It allows owners‚ called members‚ to have limited liability just like corporations’ (Lau‚ 2012‚ p. 367). There are so many new incorporated business laws that a business have to face on a daily basic. LLCs helps small businesses with the amount of liability that they face by decreasing their
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