THE DUTY OF CARE IN IRISH TORT LAW Author: Anna Louise Hinds‚ B.Corp.Law‚ LL.B (N.U.I.)‚ LL.M (Bruges). Examiner – Legal Framework Formation 1. Introduction The duty of care arises in the tort of negligence‚ a relatively recently emerged tort. Traditionally‚ actions in tort were divided into trespass and trespass on the case‚ or simply ‘case’. Trespass dealt with the situation where the injury was immediate‚ in other words direct and foreseeable. Actions based in case however‚ covered consequential
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seeking declaratory judgment‚ and the possibility of criminal prosecution. The civil seeking money damages cannot provide for the appellate-court deterrence because of the doctrine of the quality immunity. Qualified immunity shields officers from liability for searches conducted in reasonable reliance. The civil suits for money damaging does not provide the necessary mechanism to correct constitutional errors. Civil suits seeking injunctive relief also cannot provide the needed mechanism
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disadvantages of having a sole proprietorship are the simplicity of operating the business‚ ability to have complete control over business affairs‚ increased personal income‚ and simpler government regulations to follow. The disadvantages are the unlimited liability the owner has‚ the possibility of losing personal assets invested‚ and limited life (Fay‚ 1998). An entrepreneur must be willing to take risks when venturing out to start a new business on their own. Time‚ money‚ and hard work must all be invested
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employees – Fund overheads and other fixed costs – Pay tax due to the Government Managing working capital effectively is‚ therefore‚ a vital part of making sure the business has enough cash to continue INTRODUCTION Managing Current Assets and Liabilities is nothing new to us. We practice it everyday without us notice it. Let us assume you want to reward your self by buying a new car. What are the things you consider? Shall I buy it paying by cash or installment basis? If I pay it by cash‚ a
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PLEASE TRANSFER ALL YOUR ANSWERS TO THE ANSWER SHEET. Part |Part One |Part Two |Part Three |Part Four |Part Five |Part Six |Part Seven |Part Eight |Part Nine |Part Ten |Total | |Exam Marker | | | | | | | | | | | | |Score | | | | | | | | | | | | | Part One: (15 points) On December 31‚ 2006‚ Poore Co. is in financial difficulty and cannot pay a note due that day. It is a $500‚000 note with $50‚000 accrued interest payable to Edsen‚ Inc. Edsen agrees to forgive the accrued interest
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Partnership and Its Types Sir Saleem Abbas 10/10/2012 Islamia university of bahawalpur Partnership A partnership arises whenever two or more people co-own a business‚ and share in the profits and losses of the business. Each person contributes something to the business -- such as ideas‚ money‚ or property -- though management rights and personal liability will vary. In Pakistan the partnership firms are registered under
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Imperfection in liability system The products liability system has been criticized on equity‚ distributive‚ and efficiency grounds. The equity arguments often express a belief that cases should be inside on the basic afford and negligence. In particular‚ firm consider it in equitable to be assessed damage when there was nothing that could be done to prevent the injury. Objection had been made to the inability to use state-of-the-art design as a defense in cases governed by strict liability. In the absence
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Plan for Minimizing and Managing Tort Liability Arising out of Regulatory Risks Regulatory risks are risks associated with the failure to comply with a whole host of governmental regulations. Such risks impact a company’s existing assets‚ earnings‚ and often‚ reputation. In the context of tort liability arising out of non-compliance of government regulations‚ it is in every company’s business interest to allocate resources to identify those risks‚ and to implement action plans to avoid
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Angelina H. Kirkham | Personnel Management and Liability Issues | Business Law | There are many issues in the business world today that should concern management in regard to employment liabilities. In the last twenty years‚ the number of legal claims brought against employers‚ specifically human resources departments‚ has gone up tremendously. The human resources department of any company must be aware of the legal ramifications of its actions‚ and ensure that any issues are fully understood
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Types of Risk Stand-Alone Risk This risk assumes the project a company intends to pursue is a single asset that is separate from the company’s other assets. It is measured by the variability of the single project alone. Stand-alone risk does not take into account how the risk of a single asset will affect the overall corporate risk. Corporate Risk This risk assumes the project a company intends to pursue is not a single asset but incorporated with a company’s other assets. As such‚ the
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