AND CONTRACT LIABILITIES AND WAYS TO AVOID THEM Potential Torts and Contract Liabilities And Different Ways to Avoid Them Abstract People who do business as a sole proprietor or in a partnership are liable for the torts committed by them and for torts committed by the business and its agents. The best way to avoid tort liability is to set establish their business as a corporation or a limited liability company. A corporation or limited liability company will
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The alternative liability theory is most often used when two or more tortfeasors simultaneously commit independent acts of negligence‚ but only one act causes the injury‚ the plaintiff is then relieved from the burden of proof with respect to causation‚ and may sue both tortfeasors without direct proof of causation. However‚ the burden thus shifts to the defendant to exculpate them. Otherwise‚ defendants will be held joint and severally liable. In addition‚ the alternative liability theory has a
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Even though the teachers were outside with the students‚ their attention was not fully present. They can be liable for a breach of duty‚" based on the nature of the activity for which the educator is held responsible. Different activities require different levels of supervision" (Essex‚ 2012‚ p. 171). What factors will determine liability? The factors that will determine if the teachers are liable is if the incident was unforeseen and if the teacher was supervising the students as required
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their members deserve limited liability? Is it fair that LLCs do not pay income taxes? A small business deserve limited liability because it’s used like a risk protection for their business as well as the owners. “It allows owners‚ called members‚ to have limited liability just like corporations’ (Lau‚ 2012‚ p. 367). There are so many new incorporated business laws that a business have to face on a daily basic. LLCs helps small businesses with the amount of liability that they face by decreasing their
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As a result of Lydia’s actions‚ Danielle and Gemma have died. Therefore‚ the extent of Lydia’s criminal liability for their deaths must be explored. Lydia’s culpability for their Murders must be explored before lesser offences of manslaughter can be considered. The majority of law pertaining to Murder is found in the Common Law‚ rather than being defined in statutes like a great deal of criminal offences. Murder‚ as defined by Lord Coke‚ is when a man of “sound memory” at the age of “discretion”
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Topic: Liability of Promoters During Pre-incorporation contracts Table of Contents Introduction 3 Research Methodology 6 Research Questions 7 Chapter 1: Promoters and Pre-incorporation Contracts 8 Chapter 2: Fiduciary duty of the promoter 11 Chapter 3: Breach of the pre-incorporation contract and the Liability of Promoters 13 Conclusion 19 Bibliography 20 Introduction A company is an entity which is recognized and created by the law. It can only contract when the law deems it to come into
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The limited liability partnership; A hybrid of two different forms of business organizations – the partnership and the company. The Limited Liability Partnership (LLP) was introduced as a new business entity in Singapore in 2005. Its definition under S14 of the Limited Liability Partnership Act (LLPA) shares a resemblance to S1 of the Partnership Act (PA): it comprises of two or more persons carrying on a lawful business in view of profit upon registration with the Accounting and Corporate Regulatory
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Chan Faat goes over to the father and says‚ “Here’s another one for you.” He then punches the father in the face causing a red mark. The police are called and Chan Faat is arrested. Using the 8-part test discuss in full the possible criminal liability of Chan Faat. (60 marks) ANSWER GUIDE A.1. Nobody has died‚ so do not discuss ‘fatal offences against the person’. Discuss only the ‘non-fatal offences against the person’. Chan Faat may be guilty of both Wounding with intent contrary to
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and the models require so many inputs that makes it difficult for local research groups to apply DALY methods to their populations (Arnsen and Nord 1999). There are difficulties in the understanding and interpretation of the DALYs especially when contrasting the DALY with other health proxies such as death rates or life expectancies (Arnesen and Nord 1999). The DALY which
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