The guard fell asleep on the job; Jim did not see the sign and drove into the dynamiting zone where he suffered severe injuries. Jim has come to our firm for legal representation. Jim has two theories of Melissa’s liability: 1) Melissa’s negligence 2) Melissa’s liability for the guard’s negligence. ISSUE Are Melissa Gilbert and/or her company Gravel Is Us liable for Jim’s injuries due to her and her company’s negligence? Are Melissa Gilbert and/or her company Gravel R Us liable for the employee’s
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Q.1 Define Tort and explain its essential elements. Distinguish Tort from breach of contract and Crime. Ans. The term “Tort” has been derived from the Latin term “Tortum” which means to twist.It means twisted‚ crooked‚ unlawful‚ or a wrongful act rather than an act which is straight or lawful. Tort may be defined as a “Civil Wrong” which is repressible by an action for unliquidated damages and which is other than a mere breach of contract or breach of trust” Tort is a civil wrong as opposed
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Scenarios: Bad Behavior and The Difficult Employee Read each of the scenarios below and write a 2 page response (for each scenario) that evaluates the role the supervisor played in the maintenance of good order within the organization. Bad Behavior? Officer Stevens‚ the Sergeant on the evening shift reported to you (the shift lieutenant) that after roll call he heard two male officers telling sexually explicit jokes in the hallway. As the Sergeant exited the roll call room he noticed one
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Common law duties were then set to provide and maintain: Safe place of work‚ safe means of access/egress Safe systems of work Safe appliances‚ equipment and plant Competent and diligent people - selection‚ training and supervision THE TORT OF NEGLIGENCE - breach of common law legal duty of care to exercise reasonable care towards others‚ resulting in loss‚ damage or injury. Key defining case - Donoghue V Stevenson (1932). Three main points to test for negligence: 1. Defendant
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1. Name: Mr. 2. Fin no: 3. Assignment: Cases on Contract law 4. Course: Diploma of hospitality management (Food & Beverage) 5. Intake: 35 6. Lecturer: Mr. Roland Foo Hee Wan 7. Date Of submission: 17th Jan’ 2012 Content 1. Introduction…………….……………………………………………………….….Page 3 2.Tort case …………………………………………………………………………..Page 4‚ 5 3. Contract Cases………………………………………………………………….Page 5‚ 6‚ 7 4. References…………………………………………………………………………Page
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Intentional torts‚ negligence‚ and strict liability ASSIGNMENT Explain the general differences between intentional torts‚ negligence‚ and strict liability. Additionally‚ explain the elements of intentional torts and negligence and provide working examples to illustrate each. FACTS 1. Intentional torts are actions with the purpose or intention to injure another person or that person’s property. The person inflicting the harm is called a tortfeasor. Intentional torts require
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Tort Law Generally Standard of Care * (SoC) -Harm is required for a tort & is about vindicating individual rights & redressing private harms Motion to Dismiss/Demurrer: Filed by ∆‚ says to the judge that even if all the facts are taken as true‚ there’s no case Motion for Sum Judg: Usually motion by ∆‚ submit mostly after new facts arise from disco; filed w/ notion that facts are undisputed & that legal rules applied to facts would find for moving party (judge only) Object to Evidence & Offer
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of emotional distress. The issue at hand is should the court deny the motion to dismiss. The essential elements of an action for intentional infliction of emotional distress in North Carolina are 1) extreme and outrageous conduct by the defendant 2) which is intended to and does in fact cause 3) severe emotional distress. Extreme and outrageous conduct is conduct which exceeds all bounds usually tolerated by decent society. In Stanback v. Stanback‚ 297 N.C. 181‚ 204 (N.C. 1979)‚ the courts ruled:
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Describe the importance of scenario planning how it works and limitations. From Schoemaker: Scenarios are stories about the way the world might turn out tomorrow‚ stories that can help us recognize and adapt to changing aspects of our present environment. Scenario planning is a disciplined method for imagining possible futures that companies have applied to a great range of issues. It goes further than other plans‚ such as contingency planning and sensitivity analysis. These plans always focus
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ASSIGNMENT TORT The liability involved is trespass to person which consists of assault‚ battery and false imprisonment. The first issue is whether the act of Alice showing her fist to Robert constituted to assault. Assault is according to Winfield can be interpreted as an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of the battery on him by the defendant. There are four elements which needs to be established before saying that person is committing
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