Question 1 Mary v Peter Issue Given that Mary was injured by Peters’ act‚ is he solely liable for the accident? Law * In this case‚ we have to look at the Civil Liability Act 2002 (NSW) to determine who was negligent and in specific‚ we use s 5B(1)‚ s 5B(2) and s 5R of the Civil Liability Act 2002 (NSW); s 5B(1) for the reasonable foreseeability test‚ s 5B(2) for determining if the standard of reasonable care has been breached and s 5R for contributory negligence. * Where both the
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a. The application of English Law in our legal system. English Law is part of Malaysian law. The definition of law in Article 160 of the Federal Constitution includes ‘the common law in so far as it is in operation in the Federation or any part thereof’. That qualification concerns the extent to which English Law is applicable in Malaysia. First‚ we will discuss on the meaning of ‘sources’. Historical sources is the factor which influenced the development of law in religious and custom. Law
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Before commenting upon the nature of Limited Liability Partnerships (LLP) it is necessary to understand the system of partnership that it embodies. The LLP is provided for by the provisions of the Limited Liability Partnership Act‚ 2008. Under this act the LLP has been described as a “body corporate” and a artificial legal personality with perpetual succession. Under the LLP the partners can manage the rights of duties though the means of an agreement that would be governed by the LLP act. The interested
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Background A Civil Action entails a major class action suit brought forth by several families against major conglomerates (including W.R. Grace chemical company and Beatrice Foods) that were alleged to have negligently damaged the environment of a small town to the extent that its practices led to the spread of leukemia. Jan‚ a personal injury attorney‚ decides to represent a woman that claims that her child and other neighbors of a small town in Massachusetts have been diagnosed with leukemia.
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Circuit Court of the State of Oregon Multnomah County Roy Keane ) Plaintiff ) Roy Keane’s vs. ) First Amended ) Complaint Bryce Caldwell ) Defendant ) Assault‚ Battery‚ and Intentional ) Infliction of Emotional Distress ) ) ) Not Subject to Mandatory ) Arbitration Plaintiff‚ Roy Keane by his attorney‚ Walter Meier files his Complaint against defendants as follows: Claim 1 – Assault 1. Plaintiff
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• The peace officer was wearing a distinctive uniform Dossey himself admitted after viewing the Watch Guard Video during our interview that both the lights nor siren were on during the incident and the above was criteria was not met. Dosseys’ statement that he cannot hear the sirens of a police car during a pursuit due to the high level of stress he experiences‚ make his decision not to review MVS footage to ensure the criteria of the vehicle code is met irresponsible and negligent on his part
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AIH – TAX –ACT304 Assignment – Summer 2014 QUESTION 1: NML Ltd is a public gold mining company that is exploring for gold in the Ballarat and the Bendigo region. Geoff is the managing director and he seeks your advice as to the deductibility of the following expenses which were incurred prior to 30 June 2013: 1. The purchase of gold tenements for $259‚035 which gives the company the right to prospect for gold in that area for three years. 2. The payment of legal fees to settle a dispute
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A to Z of Limited Liability Partnership A. INTRODUCTION The concept of Limited Liability Partnership (LLP) in India is viewed as an alternative corporate business vehicle that provides the benefits of limited liability and also allows its members the flexibility of organizing their internal structure as a partnership based on a mutually arrived agreement. The revised Bill received the assent of the President of India on 7‚ January 2009. LLP is a body corporate formed and incorporated under
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Week Two Learning Team Reflection on Personal Liability Law/531 October 2‚ 2012 Week Two Learning Team Reflection on Personal Liability Benefits to Commerce Team C colleagues decided on the following opinions in respect to the advantages of commerce using shareholders and other entities for protection against personal liability losses. Commerce is the buying and selling of goods or services within cities‚ states‚ and globally. The legal structure of a business will establish the liable
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French fries‚ soft drinks‚ breakfast items‚ and desserts. In most markets‚ McDonald’s offers salads and vegetarian items‚ wraps and other localized fare. The product liability lawsuit that I will discuss is Liebeck v. McDonald’s Restaurants. This case got national recognition and became a flash point in the debate in the U.S. over tort reform after a jury awarded $2.9 million to Stella Liebeck. In February 1992‚ Seventy-nine-year-old Stella Liebeck of Albuquerque‚ New Mexico‚ was sitting in the passenger
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