c(a) What laws would be available to Sally to seek compensation for her injured fingers? In giving your advice‚ would it make any difference if the juice extractor had been a gift to Sally from Steve Ans: * Sale of Goods Act (Allowed seller to exclude the implied terms so that the protection it gave could be taken away by a clearly worded exclusion clause) * Tort of negligence * Australian Consumer Law (ACL) (a) Are not of acceptable quality: s 54 (Supplier) and s271 (Manufacturer)
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Recognizing and Minimizing Tort & Regulatory Risk Plan The purpose of the Recognizing and Minimizing Tort and Regulatory Risk Plan to explain how regulatory risks and common torts describe specific measures on how an organization can manage and minimize each individual risk. The preventive‚ detective‚ and corrective measures for each are explained below. The situation in the Business Regulation Simulation is that Alumina Inc. was involved in some regulatory issues and Alumina Inc. social responsibility
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Alf will have to prove that the company caused the injury negligently or without taking reasonable care to avoid injuring others. Alf will also have to prove a duty of care was owed‚ breach of duty and damaged caused by the breach‚ then only will the law allow compensation. The company will be against giving compensation as they can protect themselves by saying that Alf removed the guard “contrary to instructions”. In this case Alf will clearly be affected by contributory negligence as he had removed
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Under Washington case law‚ plaintiffs are required to prove causation with expert testimony if alleged injury involves obscure medical factors. [cite]. The trickier question is whether the expert needs to demonstrate a direct causal link between the alleged injuries and the negligent act or if the expert merely must demonstrate that the plaintiff’s injuries are of a type that can be caused by the negligent act. Washington courts have come down on both sides of this question. I. Plaintiffs are Required
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unsafe. Plaintiff must prove that the product was the proximate cause of harm and that the defendant breached a duty to warn and that the failure to warn also was the cause of the plaintiff’s injury. 12. Punitive damages‚ under the common law of torts‚ juries are free to award an injured plaintiff all sorts of damages‚ not only to compensate for damages or out-of-pocket medical expenses‚ but also for pain
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Liability Torts Strict Liability Torts (Product Liability) Adil Elatillah LEG 300 Professor: Queen Meheux Spring 2012 Strayer University Strict Liability exists in the criminal context as well as civil‚ it is a legal responsibility for any damages and losses caused by a person or organization due to the act which is defined a fault in the criminal law term. Strict Liability‚ especially product liability is well known in tort law‚ of course criminal law and the corporation law. In the
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Lecture 14 Tort Re Ipsa Loquitur & Defence to Negligence res ipsa loquitur- the facts speak for themselves It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very
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CH7 Crime-business community: Elements of crime(criminal law)1 actus reus(guilty act) wrongful behavior. 2 mens rea(guilty mind)wrongful state of mind. When liability is assessed without guilty mind it is liability without fault or strict liability ex. unknowingly selling alcohol to minor. Criminal burden of proof –guilty beyond reasonable doubt civil b.o.p-a preponderance of the evidence(more likely than not). Classification of crimes:1 felony serious crimes punishable by imprisonment for over one
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adhere to‚ and impose the law without prejudice or malice. The Constitution contains amendments and laws that defend and protect individuals from violation of their rights. Law enforcement and security officials retain the authority to enforce the law and ensure justice. This authority includes detaining and arresting suspects‚ searching and seizing property‚ and using deadly force in certain situations. But‚ with these powers officials must use discretion and act within the law thus ensure they do not
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