Aspects of Contract and Negligence for Business In today’s business perspective‚ when we deal with varieties of sales and buying‚ we are simply using different types of law about business which are formally known as business law. The importance of business law in business world is very much significant. Business operates in an increasingly global environment where the laws of different government and judicial system might conflict. That’s why‚ it is very much essential to know about the legal law
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Week Two Student Guide This week you are introduced to the concept of torts and the risk management process. This may help you identify how an organization can minimize the tort liability risk for a company. The readings analyze intentional torts and negligence with the intentional torts against persons‚ as well as examples of cases that address this issue. You study unintentional tort (negligence)‚ and you discuss the seminal case of Palsgraf v. The Long Island Railroad Company. The readings
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they filed an action for damages against Inland and Philtranco. Philtranco answered that it exercised the diligence of a good father of a family in the selection and supervision of its drivers‚ and that the proximate cause of the accident was the negligence of either the cargo truck or the Inland bus which collided with said cargo truck. Likewise‚ Inland answered that it was the driver of the Philtanco bus‚ who was at fault according to the Police Report‚ and that the driver of the Inland bus exercised
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tort paper on nuisance Nuisance Nuisance is a common law tort. It means that which causes offence‚ annoyance‚ trouble or injury Under the common law‚ persons in possession of real property (land owners‚ lease holders etc.) are entitled to the quiet enjoyment of their lands. However this doesn’t include visitors or those who aren’t considered to have an interest in the land. If a neighbour interferes with that quiet enjoyment‚ either by creating smells‚ sounds‚ pollution or any other hazard that
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according to the textbook as an intentional tort against persons but could be put into intentional tort against property. Torts against persons are intentional acts that harm an individual’s physical or mental integrity (Kubasek‚ pg. 111). A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible‚ or “liable‚” for those injuries. According to the case‚ Prudence’s physical integrity was harmed
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commuTorts Spring 2011 Pittman 1. Wrongful Death and Survival A. Wrongful Death 1. Moragne v. States Marine Lines 1. Facts: P’s husband killed working on a boat owned by D b/c of D’s negligence. 2. Issue: Can an action for wrongful death and a survival action be brought together? 3. Rule: Wrongful death suits can be brought along with survival suits for the pain and suffering in the time in between the injury and death 4. Wrongful death: action created by the death of a person due to the
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1. Importance of Donoghue v Stevenson Case The case established 3 things The case established negligence as a wrongful act for which there was a legal liability. The notion of duty of care was formed which if infringed would result in damage. The neighbour principle was established by Lord Akins namely that your neighbour is anyone who may be affected by your acts or omissions. Main points of Case (The details of this were) Mrs Donoghue drank some ginger beer in which she found the remains
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The preliminary issue in the question is fast food restaurant is vicariously liable for the Cathy’s negligence. Since the concerns about the law of tort‚ the following analysis will focus on the possible tortuous liability instead of the potential breach of the contractual obligation and the criminal acts. In principle of vicarious liability‚ to make an employer liable for a wrong committed by an employee‚ the plaintiff must establish that: 1. defendant is an employee ( as opposed to an independent
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Assessment A common misconception by the supporters of the 2003 Medical Malpractice Tort Reform Act was that medical malpractice litigation was responsible for increasing healthcare costs and limited access to care. In retrospect‚ tort reform did have a number of demonstrable effects. The effect on health care administrators‚ patients and lawyers‚ and the current and future economic impact greatly outweigh the benefits of tort reform. Health Care Administrators The 2003 statue caused health care administrators
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The Law of Tort is a concept that has been evolving through the ages. This ever-dynamic evolution of tort law has been the mater to many principles under which tortuous liability can be demanded. Simultaneously‚ certain other principles are used‚ to counter these claims for compensation. These counter claims‚ or defences are used to evict those innocent citizens from tortious liability who have been unfairly implicated with claims imposed on them. These defences were formulated from time to time
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