inaction caused harm to someone else who will now become his patient. Also‚ W. D. Ross’s Ethical Pluralism would argue otherwise. Fidelity‚ or duties of keeping promises‚ is only one of the prima facie duties (Waluchow and Gedge‚ xxx). By implementing the unqualified confidentiality rule‚ other prima facie duties such as non-maleficence or non-injury to others and beneficence would be violated in his scenario. Another argument of Kipnis is that the current laws that were implemented under consequentialist
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Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss. Rule of Law : The essential requirements of intentional torts are the elements of intent‚ injury‚ damages and causation. The concept of ’intention’ does not require that Defendant (D) know that his/her act will cause harm to the Plaintiff (P)‚ but must know with substantial certainty that their act will result in certain outcomes (landing of the plane on the P’s land). To successfully make a claim against
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Lecture 14 Tort Re Ipsa Loquitur & Defence to Negligence res ipsa loquitur- the facts speak for themselves It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very
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Corona’s income tax returns (ITRs) with his statements of assets‚ liabilities and net worth (SALNs) has not established prima facie presumption of guilt to warrant Corona’s conviction. Emphasizing also that 1379‚ or the law stipulating the handling of properties found to have been unlawfully acquired by public officers or employees. The lawyers’ group said RA 1379 states that prima facie guilt can be established “only if
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Evidence – Means‚ Mode‚ or Manner to Ascertain the Truth about a Matter of Fact in a Judicial Proceeding. Essential Parts of the Legal Definition of Evidence: WHAT: 3M – Means‚ Mode or Manner WHY: ATF – to ascertain the truth about a matter of fact WHERE: J – in a Judicial Proceeding - it is a medium or means by which a fact is proved or disproved. Proof – RESULT‚ EFFECT or PERFECTION of an evidence. - result of a PROBATIVE EFFECT of evidence. - it is the perfection of evidence
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On 24 April 1998‚ the BIFR declared the Company as a sick undertaking‚ under the provisions of Sick Industrial Companies (Special Provisions) Act. o The BIFR on 5 February 2001‚ recorded a prima facie opinion that the Company was not likely to make it’s net worth match its cumulative losses within a reasonable time and that the Company was not likely to be viable. o The BIFR recommended that it was just and equitable and in public interest to
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oral complexity in the making and keeping of promises The making of a promise involves the voluntary giving of one’s word that‚ if and when a particular circumstance or situation comes about‚ one will undertake to act in a manner defined by the terms of the promise one has given. The act of making the promise‚ in other words‚ implies a willingness to keep it. What is being agreed is that‚ on the basis of something said in the past‚ one’s future actions will‚ insofar as the future is foreseeable
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Nike Inc Case Analysis: Nike‚ Inc.: Cost of Capital Monica Mojica FIU Finance 6800 Professor Smith Fall 2011 Table of Contents Problem Statement…………………………………………………………………………… 3 Situation Analysis……………………………………………………………………………... 3 Major Strategic Alternatives…………………………………………………………………...3 Decision Criteria……………………………………………………………………………….. 4 Analysis of Alternatives ………………………………………………………………………
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Question 1 This Problem concerns the enforceability and remedies of leasehold covenants between landlords and tenants‚ and their successors in title. The ground floor lease is granted before 1 January 1996 and so the covenants are governed by a mixture of statute and common law. The first and second floor leases were granted in 2001 after the coming into force of the Landlord and Tenant (Covenant) Act 1995 and are dealt with under this statutory regime. Ground Floor On the facts the original
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Lesson 2 Case Study Lei Han MGT510: Human Resources Management Professor Ira Lovitch May 16‚ 2015 Affirmative Action Plan Goals Evidence of Discrimination The Purpose of this case study is to analyze the discrimination case of affirmative action plan from Xerox Corporation with perspectives of workplace discrimination and types‚ burden of proof‚ and views on avoiding workplace discrimination. In this case‚ Xerox Corporation commit themselves to the publication of specific affirmative action program
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