has been established‚ whether that be in contract‚ tort‚ or fiduciary law. Then the potential liability of a bank is explored as a fiduciary‚ constructive trustee‚ or an accessory. Finally‚ there is brief mention of some emerging standards of liability which have primarily a statutory base. 1. 1. Reasonable Care and Skill A duty of reasonable care and skill for anyone providing a service (including giving advice) runs through contract‚ tort‚ and fiduciary law. After a mass of conflicting case
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------------------------------------------------- Dear 2013 Commercial Law Students: ------------------------------------------------- ------------------------------------------------- To provide you with some guidance in relation to preparing answers to legal problems‚ below are the following: ------------------------------------------------- ------------------------------------------------- - A past exam question in this course‚ which was also set as an assignment in a previous year;
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1. Profession: A self-selective‚ self-disciplined group of individuals who hold themselves out to the public as possessing a special skill derived from training and education and are prepared to exercise that skill in the interests of others 2. Professional Engineering: any act of designing‚ composing‚ evaluating‚ advising‚ reporting‚ directing or supervising wherein the safeguarding of life‚ health‚ property or public welfare and that requires the application of engineering principles. (DCEARDS)
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Suppose one accepts MacKinnon and Dworkin’s suggested statutory definition of pornography. How does one who generally accepts MacKinnon and Dworkin’s views on the pervasively harmful effect of pornography‚ and who accepts a need for legal redress of the harms perpetrated by pornography‚ deal with pornographic material? The ordinance proposed by MacKinnon and Dworkin would deal with such material by enacting legislation which gives people adversely affected by the works‚ which clearly fit their definition
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Case Legal Brief Case: Mullins V. Parkview Hospital (2007) Facts: At a teaching hospital‚ Mullins who is the plaintiff marked or ticked the section of approval form that consented to “the presence of healthcare learners”. She was assured by the attending Anaesthesiologist that she would handle the anaesthesia. However‚ when Mullins was unconscious during the surgery‚ a student (VanHoey) was allowed by the Anaesthesiologist to perform intubation. Mullins’ oesophagus was lacerated by VanHoey as
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Principle Eight: Due Process In simplest terms‚ when a school terminates an employee‚ he or she should know the charges against them. In reality‚ the laws and guidelines surrounding the termination process is more complex. The process involves documentation‚ timelines‚ and hearings. Additionally‚ not all employees even qualify for due process. Idaho statute calls for three categories of certified teachers. • Category I employees are certified employees with one year contracts. No further notification
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severe neck damage from Bob Black * Jim Jones had turned down a $50 000 hockey contract to finish school‚ but was planning on turning pro next year * Bob Black is a karate student * Jim Jones will never play a contact sport again * Tort of Assault * Bob Black brings against Jim Jones * Jim Jones shouted his threat at Bob Black at the hockey game in front of witnesses * Just moments before the threat was issued Jim Jones and Bob Black both had dropped their
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CASE LAW REVIEW: VTB CAPITAL PLC v. NUTRITEK INTERNATIONAL CORP & ORS INTRODUCTION The concept of forming of corporations by registration and restricted liability of stake holders of corporations dates back to mid nineteenth century. The concept in its very basic sense means that a company is a separate legal entity‚ in other words‚ it is a juristic person. The company can buy and sell property‚ can sue and can be sued; these are some of the basic legal implications of separate legal entity
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Availability Contributory carelessness is for the most part a protection to a tort of carelessness. The safeguard is not accessible if the toreador’s behavior ads up to vindictive or purposeful wrongdoing‚ instead of to normal carelessness. In England and Wales‚ it is not a guard to the tort of transformation or trespass to belongings. In the U.S.‚ it is not a resistance to any deliberate tort. In Australia‚ contributory carelessness is accessible when the offended party’s own particular carelessness
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repressed fault justification implies that partners individually have duties to supervise fellow partners and other agents of the partnership. This type of justification does not extend to explain why legal doctrine encompasses separate independent torts of negligent selection‚ hiring‚ supervision and retention. Additionally‚ nor does it explain why the principal’s demonstrable innocence is no defence. For example‚ the principal is still liable even if she/he employed a state of the art monitoring
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