• Marketing
    attempting to exclude contractual liability. Task 3 Examine the role of tort in business activities assessing particular forms of tortious liability. -Describe the nature of general tortious liability comparing and contrasting to contractual liability. -Explain the liability applicable to an occupier...
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  • Assgment
    forms of tortious liability (3) Describe the nature of general tortious liability comparing and contrasting to contractual liability a Explain the liability applicable to an occupier of premises b Discuss the nature of employer’s liability with reference to vicarious liability and health...
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  • Assigment
    Claim 3 11 References 13 Task 1 Describe the nature of general tortuous liability comparing and contrasting to contractual liability * There are some similarities between tortious and contractual liability Both tortious liability and contractual liability are civil law obligations, so the remedies...
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  • Common Law
    was enforced by the law. If we fallow those steps we can say every thing was there except the acceptance so it was not a valid contract. ''The general instantaneous it should be communicated '' ( Entores v miles far east corp) E-mail are not entirely or almost instantaneous. E-mail,in particular...
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  • Common Law
    concluded by postal rule. Question: 2 Is it necessary for an agreement to be in written to be enforceable between its parties? Answer: In General the Law does not require complex formalities to be observed to form a contract. But some contract has to be written for proving, such as; Contracts...
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  • Common Law
    others. The owner of the business has unlimited liability for the debts incurred by the business. • Partnership: A partnership is a for-profit business owned by two or more people. In most forms of partnerships, each partner has unlimited liability for the debts incurred by the business. The three...
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  • Lbs Outline
    only physical, includes nuisance, trespass, Reputation, emotional distress, privacy interests, defamation, slander, economic advantages/injured. A contractual agreement can become tortuous if there is a breach of duties. A tort is a private action, criminal law requires higher burder of proof. Intentional...
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  • Adr-Mediation
    Some Key ADR Distinctions The key concepts and distinctions in using ADR effectively are as follows: Non-binding/ Binding These words describe the type of commitment that parties make when entering the ADR process. When they are bound to accept and respect the agreement of the ADR process, such...
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  • Student
    security interest. Creation of Secured Interest: Attachment of a security interest requires these three elements: Written agreement- An agreement that describes the collateral and is signed by the debtor. Value- An item of value given from the creditor to the debtor. Debtor Rights in the Collateral- The rights...
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  • Aspects of Contract & Negligence for Business
    Limitation Clauses 6 Contractual Terms 7 Conditions 7 Warranties 7 Innominate Terms 7 Advantages&Disadvantages of Using a Standard Form 7 Advantages 7 Disadvantages 8 Task 3: Differences Between Contractual & Tortious Law 8 Tortious liability 9 Contractual Liability 9 Expectation...
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  • Professional Negligence
    PROFESSIONAL NEGLIGENCE THE CHANGING COASTLINE OF LIABILITY John L. Powell Q.C. Even the briefest acquaintance with the world’s major financial centres, and especially Hong Kong, London or New York, immediately confirms that we live in world dominated...
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  • The Differing Principles of Assessment of Damages in Tort and Contract
    of tortious duty or a breach of contract here?” However, the layman’s perspective is a stark contrast. He is not interested in knowing whether it is a case of breach of tortious duty, or a breach of a contractual duty, or both. He is not interested in knowing how does a tortious or contractual liability...
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  • Unincorporated Company
    entities such as companies and partnerships which have been formed for profit-making purposes. However the word ‘association’ may also be used to describe those non-profit associations which have been formed to promote religious, educational, literary, scientific, artistic and other similar community-wide...
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  • Contract & Neglience
    The Nature and Different Types of Contracts In order for a contract to exist in law there are three essential elements that need to be present; an agreement (offer & acceptance), consideration and intention to create legal relations (Mckendrick, Oxford (2008). A contract can be defined as an agreement...
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  • Common Law
    Common Law Assignment TESK 1: 1.1 There are many type of business agreement. These are as follows; * Express contractual agreement * Implied contractual agreement * Bilateral promises: Contracts that arise from mutual promises Offer and acceptance are a must ,...
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  • Legal Enviroment for Business
    occurs through statutory regulations, i.e. the different acts expressly state the organisation’s legal personality (e.g. political parties, limited liability companies, foundations etc.). 2.) Directive As stated by Andrasi and Madarassy (2004-2005) a Directive is a set of orders which the individual...
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  • The Strategic Analysis of Common Law
    contents 1. Abstract 3 2. Compare Tortious Liability and Contractual Liability 3 2.1 Tortious Liability 3 2.2 Contractual Liability 3 2.3. Comparison 3 3. Occupiers’ liability 4 Case Ⅰ 4 4. Vicarious liability 4 Case Ⅱ 5 Case Ⅲ 5 5. Strict Liability 6 Rylands V Fletcher 1868 6 Case Ⅳ 7 ...
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  • Law122 Final
    requires a process of: (i) identification, (ii) evaluation, and (iii) response. Depending upon how it is worded, a reference letter may create a risk of liability and litigation. Students should be expected to notionally evaluate the likelihood and severity of those risks. Having done so, students might then...
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  • Torts and Damages Midterm Reviewer
    TORTS AND DAMAGES (SUMMARIZED) TIMOTEO B. AQUINO, 2d Edition, 2005 Chapter 1 – General Considerations 1. Tort Defined Fr. French word derived from Latin Torquere meaning to twist. An unlawful violation of private right, not created by contract, and which gives rise to an action for damages...
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  • Tort Law - Construction
    The following areas have been researched: 1. General tortuous liability and contractual liability 2. Liability applicable to the owner of premises 3. Vicarious Liability and Health and Safety 4. Strict Liability Procedure The following research methods were used: ...
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