debts. 6. Some jurisdictions do not permit the minor to get away with the lie. Some states require the minor to place the adult party to the contract in the same situation that he or she was in before the contract. Others allow the adult to use tort law‚ rather than contract law‚ to sue the minor for fraud. 7. If a minor makes a contract for necessaries‚ he or she will be liable for the fair value of those necessaries. Despite the general tenor of this principle‚ if the necessaries have already
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“If [a banker] undertakes to advise he must exercise reasonable care and skill in giving the advice. He is under no obligation to advise‚ but if he takes upon himself to do so‚ he will incur liability if he does so negligently.” ’ House of Lords in Banbury v. Bank of Montreal[1] I. Introduction The issue of legal liability of banks in the provision of negligent advice is one doctrine of law that has evolved through the years. In light of current controversies hounding the UK banking
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PATIENT AS CONSUMER INTRODUCTION: It is the duty of the government to provide the fundamental right to life and personal liberty guaranteed by Article 21 of the Constitution1. Therefore‚ it is the duty of the state to provide to all citizens adequate and proper medical services. The consumer protection Act 1986 was enacted ‘to provide for better protection of the interests of the consumers’– the consumers of goods and services as defined under the Act. The Consumer protection tries to help consumer
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liability is a principle of the tort laws. The law imposes liability of employees and agents to their employers. Under this law‚ the liability of any tort committed by an employee that falls under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The inclusion of the intentional torts came in to effect after the ruling in the case of Lister V Hensley Hall Limited. Before this case‚ intentional torts were not considered for
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Intentional torts are resolute acts that do harm to another and negligence is “failing to act to rectify a problem that can cause harm to an individual(s)”. Thus‚ for a claim to be qualified as a negligent act certain components have to be stated as proof. Including acts like assault‚ battery‚ defamation‚ intentional infliction of physical or emotional distress and even false imprisonment. Negligent tort actions hold citizens accountable for their careless
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Q #1 The factors I would consider in setting a just financial compensation for each of the victims are as follows: * Compensation for dead victims be paid according to the standards of death compensation to their families. * Seriously injured victims be paid a month to meet their food‚ medical needs‚ living expenses‚ medical expenses‚ back pay due to injury. * Victims with minor injuries be paid as a one time compensation for medical costs and economic hardship. Q #2 Stakeholder
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after acquiring the clubs‚ Cindy went golfing with her friend‚ Kate. While Cindy was swinging a five iron‚ the grip came loose and the club sailed through the air‚ striking Cindy’s golfing partner‚ Kate‚ in the forehead. According to the text; Torts and Personal Injury Law (Okrent‚ 2009); absolute (strict) liability holds a tortfeasor responsible for his or her behavior regardless of fault. Some people feel that it is unfair to hold a defendant accountable especially if he or she did not behave
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Material BUGusa‚ Inc.‚ Worksheet – Team B Use the scenarios in the Bugusa‚ Inc.‚ link located on the student website to answer the following questions. Scenario: WIRETIME‚ Inc.‚ Advertisement Has WIRETIME‚ Inc.‚ committed any torts? If so‚ explain. WIRETIME has committed a tort. WIRETIME took out an ad that was designed to hurt BUGusa’s reputation. This constitutes defamation‚ because the defamation was written it is libel. For BUGusa to recover from WIRETIME‚ it will have to meet four elements
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Sujet Maya Angelou‚ an African American writer‚ is visiting Ghana‚ in Africa‚ for the first time. After a few seconds of studying me‚ the woman lifted both arms and lacing her fingers together clasped her hands and put them on the top of her head. She rocked a little from side to side and issued a pitiful little moan. In Arkansas‚ when I was a child‚ if my brother or I put our hands on our heads as the woman before me was doing‚ my grandmother would stop in her work and come to remove
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.............................. 487 A. Contract Creditors of Public Corporations....................................................... 488 B. Tort Creditors of Public Corporations .............................................................. 494 C. Contract Creditors of Close Corporations........................................................ 500 D. Tort Creditors of Close Corporations............................................................... 503 IV. VEIL PIERCING: A DYSFUNCTIONAL DOCTRINE
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